2910 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Rules and Regulations 

Authority: 38 U.S.C. 1155, unless 

otherwise noted. 

Subpart B—Disability Ratings 

■ 2. In the introductory paragraph of 

§ 4.118, revise the first sentence to read 

as follows: 

§ 4.118 Schedule of ratings—skin. 

A veteran whose scars were rated by 

VA under a prior version of diagnostic 

codes 7800, 7801, 7802, 7803, 7804, or 

7805, as in effect before October 23, 

2008, may request review under 

diagnostic codes 7800, 7801, 7802, 

7804, and 7805, irrespective of whether 

his or her disability has worsened since 

the last review. * * * 

* * * * * 

[FR Doc. 2012–1001 Filed 1–19–12; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AM55 

Schedule for Rating Disabilities; 

Evaluation of Scars; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Veterans 

Affairs (VA) published in the Federal 

Register of September 23, 2008, a 

document amending its Schedule for 

Rating Disabilities by revising that 

portion of the Schedule that addresses 

the Skin, so that it more clearly reflected 

VA’s policies concerning the evaluation 

of scars. In the preamble of that 

document, VA incorrectly stated the 

applicability date. VA made a similar 

error in the first sentence of the 

introductory paragraph of 38 CFR 4.118. 

This document corrects the error in the 

applicability date. 

DATES: This correction is effective 

January 20, 2012. The applicability date 

of rule document E8–21980 on page 

54708 in the issue of Tuesday, 

September 23, 2008, is corrected as of 

October 23, 2008. 

FOR FURTHER INFORMATION CONTACT: 

William F. Russo, Deputy Director, 

Office of Regulation Policy & 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, or call 

(202) 461–4902 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: On 

September 23, 2008, VA published in 

the Federal Register (73 FR 54708), an 

amendment to that portion of the 

Schedule for Rating Disabilities that 

addresses the Skin, 38 CFR 4.118, by 

revising the criteria for the evaluation of 

scars. In the DATES section of the rule 

document, we incorrectly stated the 

applicability date. As published, the 

relevant portion of the applicability date 

paragraph read, ‘‘This amendment shall 

apply to all applications for benefits 

received by VA on or after October 23, 

2008. A veteran whom VA rated before 

such date under diagnostic codes 7800, 

7801, 7802, 7803, 7804, or 7805 of 38 

CFR 4.118 may request review under 

these clarified criteria * * *.’’ We made 

a similar error by amending 38 CFR 

4.118 to state, ‘‘A veteran who VA rated 

under diagnostic codes 7800, 7801, 

7802, 7803, 7804, or 7805 before 

October 23, 2008 can request review 

under diagnostic codes 7800, 7801, 

7802, 7804, and 7805 * * *.’’ 

As a result of the errors in the 

applicability date and in amended 

§ 4.118, the rule document and the 

regulation are unclear about whether 

veterans whose claims were filed before 

October 23, 2008, but were not rated 

before that date may request review 

under the new criteria. A strict, literal 

reading of the applicability-date 

language and § 4.118 might suggest that 

veterans with such unrated claims 

would be rated under the old criteria 

with no opportunity to request review 

under the new criteria. We intended 

such claims to be rated under the old 

criteria subject to the right of the 

claimant to request review under the 

revised criteria. Neither the 

applicability-date language nor § 4.118 

addressed whether veterans with such 

claims may request review. We did not 

intend the strict reading because it 

would be irrational to deny the 

opportunity for review under the new 

criteria to persons whose pending 

claims had not yet been rated before 

October 23, 2008, while providing the 

opportunity to persons whose claims 

had been rated, even though all of the 

claims had been filed before that date. 

This correction document adds a new 

second sentence to the applicability 

date paragraph, ‘‘The old criteria will 

apply to applications received by VA 

before that date.’’ To be consistent with 

the new second sentence, this correction 

document also revises the third 

sentence (the original second sentence) 

to state, ‘‘‘‘However, a veteran whose 

scars were rated by VA under a prior 

version of diagnostic codes 7800, 7801, 

7802, 7803, 7804, or 7805 of 38 CFR 

4.118, as in effect prior to the effective 

date of this rule, may request review 

under these clarified criteria, 

irrespective of whether his or her 

disability has worsened since the last 

review.’’ Note that the ‘‘rated by VA 

under a prior version’’ language would 

encompass claims that have received an 

initial rating but are still pending in the 

appeals process. 

List of Subjects in 38 CFR Part 4 

Disability benefits, Pensions, 

Veterans. 

William F. Russo, 

Deputy Director, Office of Regulation Policy 

& Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reason set out in the preamble, 

in rule document E8–21980 on page 

54708 in the issue of Tuesday, 

September 23, 2008, make the following 

corrections: 

1. In the second column of page 

54708, under the DATES section, in the 

Applicability Date paragraph, revise the 

second sentence to read, ‘‘However, a 

veteran whose scars were rated by VA 

under a prior version of diagnostic 

codes 7800, 7801, 7802, 7803, 7804, or 

7805 of 38 CFR 4.118, as in effect prior 

to the effective date of this rule, may 

request review under these clarified 

criteria, irrespective of whether his or 

her disability has worsened since the 

last review.’’ 

2. In the second column of page 

54708, under the DATES section, in the 

Applicability Date paragraph, add as a 

new second sentence, ‘‘The old criteria 

will apply to applications received by 

VA before that date.’’ 

[FR Doc. 2012–1002 Filed 1–19–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0944; FRL–9334–3] 

Bacillus Amyloliquefaciens Strain 

D747; Exemption From the 

Requirement of a Tolerance; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of January 6, 2012, 

concerning the establishment of an 

exemption from the requirement of a 

tolerance for residues of Bacillus 

amyloliquefaciens strain D747 (formerly 

known as Bacillus subtilis variant 

amyloliquefaciens strain D747). This 

document is being issued to correct the 

typographical error in the codified 

section number. 

DATES: This final rule is effective 

January 20, 2012. 


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