Editorial Note on Part 9
Editorial Note: Nomenclature changes to part 9 appear at 62 FR 35970, July 3, 1997, and 62 FR 45733, Sept. 9, 1997.

§ 9.21 Schedule of Losses. ( a ) Definitions. For purposes of the Schedule of Losses in paragraph (c)— ( 1 ) The term *accommodating equipment* means tools or supplies that enable a member to perform an activity of daily living without the assistance of another person, including, but not limited to, a wheelchair; walker or cane; reminder applications; Velcro clothing or slip-on shoes; grabber or reach extender; raised toilet seat; wash basin; shower chair; or shower or tub modifications such as wheelchair access or no-step access, grab-bar or handle.
( 2 ) The term *adaptive behavior* means compensating skills that allow a member to perform an activity of daily living without the assistance of another person.
( 3 ) The term *amputation* means the severance or removal of a limb or genital organ or part of a limb or genital organ resulting from trauma or surgery. With regard to limbs, an amputation above a joint means a severance or removal that is closer to the body than the specified joint is.
( 4 ) The term *assistance from another person* means that a member, even while using accommodating equipment or adaptive behavior, is nonetheless unable to perform an activity of daily living unless another person physically supports the member, is needed to be within arm's reach of the member to provide assistance because the member's ability fluctuates, or provides oral instructions to the member while the member attempts to perform the activity of daily living.
( 5 ) The term *avulsion* means a forcible detachment or tearing of bone and/or tissue due to a penetrating or crush injury.
( 6 ) The term *consecutive* means to follow in uninterrupted succession.
( 7 ) The term *discontinuity defect* means the absence of bone and/or tissue from its normal bodily location, which interrupts the physical consistency of the face and impacts at least one of the following functions: mastication, swallowing, vision, speech, smell, or taste.
( 8 ) The term *hospitalization* means admission to a “hospital” as defined in 42 U.S.C. 1395x(e) or “skilled nursing facility” as defined in 42 U.S.C. 1395i-3(a).
( 9 ) The term *inability to carry out activities of daily living* means the inability to perform at least two of the six following functions without assistance from another person, even while using accommodating equipment or adaptive behavior, as documented by a medical professional. ( i ) *Bathing* means washing, while in a bathtub or shower or using a sponge bath, at least three of the six following regions of the body in its entirety: Head and neck, back, front torso, pelvis (including the buttocks), arms, or legs.
( ii ) *Continence* means complete control of bowel and bladder functions or management of a catheter or colostomy bag, if present.
( iii ) *Dressing* means obtaining clothes and shoes from a closet or drawers and putting on the clothing and shoes, excluding tying shoelaces or use of belts, buttons, or zippers.
( iv ) *Eating* means moving food from a plate to the mouth or receiving nutrition via a feeding tube or intravenously but does not mean preparing or cutting food or obtaining liquid nourishment through a straw or cup.
( v ) *Toileting* means getting on and off the toilet; taking clothes off before toileting or putting clothes on after toileting; cleaning organs of excretion after toileting; or using a bedpan or urinal.
( vi ) *Transferring* means moving in and out of a bed or chair.
( 10 ) The term *permanent* means clinically stable and reasonably certain to continue throughout the lifetime of the member.
( 11 ) The term *therapeutic trip* means an approved pass, by the member's attending physician or nurse practitioner, to leave a hospital as defined in 42 U.S.C. 1395x(e) or “skilled nursing facility” as defined in 42 U.S.C. 1395i-3(a), accompanied or unaccompanied by hospital or facility staff, as part of a member's treatment plan and with which the member is able to return without having to be readmitted to the hospital or facility.
( b ) ( 1 ) For losses listed in paragraphs (c)(1) through (19) of this section— ( i ) Except where noted otherwise, multiple losses resulting from a single traumatic event may be combined for purposes of a single payment.
( ii ) The total payment amount may not exceed $100,000 for losses resulting from a single traumatic event.
( 2 ) For losses listed in paragraphs (c)(20) and (21) of this section— ( i ) Payments may not be made in addition to payments for losses under paragraphs (c)(1) through (19); instead, the higher amount will be paid.
( ii ) The total payment amount may not exceed $100,000 for losses resulting from a single traumatic event.
( 3 ) Required period of consecutive days of loss. For losses in paragraphs (c)(17) through (18) and (20) through (21)— ( i ) A period of consecutive days of loss that is interrupted by a day or more during which the criteria for the scheduled loss are not satisfied will not be added together with a subsequent period of consecutive days of loss. The counting of consecutive days starts over at the end of any period in which the criteria for a loss are not satisfied.
( ii ) A required period of consecutive days will be satisfied if a loss begins within two years of a traumatic injury and continues without interruption after the end of the two-year period. A subsequent period of consecutive days of a scheduled loss will be satisfied if it follows uninterrupted immediately after an initial period of consecutive days of loss that ended after expiration of the two-year period.
( c ) *Schedule of Losses.* ( 1 ) *Total and permanent loss of sight* is: ( i ) Visual acuity in the eye of 20/200 or less/worse with corrective lenses lasting at least 120 days;
( ii ) Visual acuity in the eye of greater/better than 20/200 with corrective lenses and a visual field of 20 degrees of less lasting at least 120 days; or
( iii ) Anatomical loss of the eye.
( iv ) The amount payable for the loss of each eye is $50,000.
( 2 ) *Total and permanent loss of hearing* is: ( i ) Average hearing threshold sensitivity for air conduction of at least 80 decibels, based on hearing acuity measured at 500, 1,000, and 2,000 Hertz via pure tone audiometry by air conduction, without amplification device.
( ii ) The amount payable for loss of one ear is $25,000. The amount payable for the loss of both ears is $100,000.
( 3 ) *Total and permanent loss of speech* is: ( i ) Organic loss of speech or the ability to express oneself, both by voice and whisper, through normal organs for speech, notwithstanding the use of an artificial appliance to simulate speech.
( ii ) The amount payable for the loss of speech is $50,000.
( 4 ) *Quadriplegia* is: ( i ) Total and permanent loss of voluntary movement of all four limbs resulting from damage to the spinal cord, associated nerves, or brain.
( ii ) The amount payable for quadriplegia is $100,000.
( 5 ) *Hemiplegia* is: ( i ) Total and permanent loss of voluntary movement of the upper and lower limbs on one side of the body from damage to the spinal cord, associated nerves, or brain.
( ii ) The amount payable for hemiplegia is $100,000.
( 6 ) *Paraplegia* is: ( i ) Total and permanent loss of voluntary movement of both lower limbs resulting from damage to the spinal cord, associated nerves, or brain.
( ii ) The amount payable for paraplegia is $100,000.
( 7 ) *Uniplegia* is: ( i ) Total and permanent loss of voluntary movement of one limb resulting from damage to the spinal cord, associated nerves, or brain.
( ii ) The amount payable for the loss of each limb is $50,000.
( iii ) Payment for uniplegia of arm cannot be combined with loss 9 or 10 for the same arm. The higher payment for uniplegia or loss 14 will be made for the same arm. Payment for uniplegia of leg cannot be combined with loss 11 or 12 for the same leg. The higher payment for uniplegia or loss 13 will be made for the same leg. The higher payment for uniplegia or loss 15 will be made for the same leg.
( 8 ) *Burns* is: (i) 2nd degree (partial thickness) or worse burns covering at least 20 percent of the body, including the face and head, or 20 percent of the face alone. Percentage of the body burned may be measured using the Rule of Nines or any means generally accepted within the medical profession. ( ii ) The amount payable for burns is $100,000.
( 9 ) *Amputation of a hand at or above the wrist:* ( i ) The amount payable for the loss of each hand is $50,000.
( ii ) Payment for amputation of hand cannot be combined with payment for loss 7 or 10 for the same hand. The higher payment for amputation of hand or loss 14 will be made for the same hand.
( 10 ) *Amputation at or above the metacarpophalangeal joint(s) of either the thumb or the other 4 fingers on 1 hand:* ( i ) The amount payable for the loss of each hand is $50,000.
( ii ) Payment for amputation of 4 fingers on 1 hand or thumb alone cannot be combined with payment for loss 7 or 9 for the same hand. The higher payment for amputation of 4 fingers on 1 hand or thumb alone or loss 14 will be made for the same hand. Payment for loss of the thumb cannot be made in addition to payment for loss of the other 4 fingers for the same hand.
( 11 ) *Amputation of a foot at or above the ankle:* ( i ) The amount payable for the loss of each foot is $50,000.
( ii ) Payment for amputation of foot cannot be combined with loss 7 or 12 for the same foot. The higher payment for amputation of foot or Loss 13 will be made for the same foot. The higher payment for amputation of foot or Loss 15 will be made for the same foot.
( 12 ) *Amputation at or above the metatarsophalangeal joints of all toes on 1 foot:* ( i ) The amount payable for the loss of each foot is $50,000.
( ii ) Payment for amputation of all toes including the big toe on 1 foot cannot be combined with loss 7 or 11 for the same foot. The higher payment for amputation of all toes including the big toe on 1 foot or loss 13 will be made for the same foot. The higher payment for amputation of all toes including the big toe on 1 foot or loss 15 will be made for the same foot.
( 13 ) *Amputation at or above the metatarsophalangeal joint(s) of either the big toe or the other 4 toes on 1 foot:* ( i ) The amount payable for the loss of each foot is $25,000.
( ii ) The higher payment for amputation of big toe only, or other 4 toes on 1 foot, or loss 7 will be made for the same foot. The higher payment for amputation of big toe only, or other 4 toes on 1 foot, or loss 11 will be made for the same foot. The higher payment for amputation of big toe only, or other 4 toes on 1 foot, or loss 12 will be made for the same foot. The higher payment for amputation of big toe only, or other 4 toes on 1 foot, or loss 15 will be made for the same foot.
( 14 ) *Limb reconstruction of arm (for each arm):* ( i ) A surgeon must certify that a member had surgery to treat at least one of the following injuries to a limb: ( A ) Bony injury requiring bone grafting to re-establish stability and enable mobility of the limb;
( B ) Soft tissue defect requiring grafting/flap reconstruction to reestablish stability;
( C ) Vascular injury requiring vascular reconstruction to restore blood flow and support bone and soft tissue regeneration; or
( D ) Nerve injury requiring nerve reconstruction to allow for motor and sensory restoration and muscle re-enervation.
( ii ) The amount payable for losses involving 1 of the 4 listed surgeries is $25,000. The amount payable for losses involving 2 or more of the 4 listed surgeries is $50,000.
( iii ) The higher payment for limb reconstruction of arm or loss 7 will be made for the same arm. The higher payment for limb reconstruction of arm or loss 9 will be made for the same arm. The higher payment for limb reconstruction of arm or loss 10 will be made for the same arm.
( 15 ) *Limb reconstruction of leg (for each leg):* ( i ) A surgeon must certify that a member had at least one of the following injuries to a limb requiring the identified surgery for the same limb: ( A ) Bony injury requiring bone grafting to re-establish stability and enable mobility of the limb;
( B ) Soft tissue defect requiring grafting/flap reconstruction to reestablish stability;
( C ) Vascular injury requiring vascular reconstruction to restore blood flow and support bone and soft tissue regeneration; or
( D ) Nerve injury requiring nerve reconstruction to allow for motor and sensory restoration and muscle re-enervation.
( ii ) The amount payable for losses involving 1 of the 4 listed surgeries is $25,000. The amount payable for losses involving 2 or more of the 4 listed surgeries is $50,000.
( iii ) The higher payment for limb reconstruction of leg or loss 7 will be made for the same leg. The higher payment for limb reconstruction of leg or loss 11 will be made for the same leg. The higher payment for limb reconstruction of leg or loss 12 will be made for the same leg. The higher payment for limb reconstruction of leg or loss 13 will be made for the same leg.
( 16 ) *Facial reconstruction:* ( i ) A surgeon must certify that a member had surgery to correct a traumatic avulsion of the face or jaw that caused a discontinuity defect to one or more of the following facial areas: ( A ) Surgery to correct discontinuity loss involving bone loss of the upper or lower jaw—the amount payable for this loss is $75,000;
( B ) Surgery to correct discontinuity loss involving cartilage or tissue loss of 50% or more of the cartilaginous nose—the amount payable for this loss is $50,000;
( C ) Surgery to correct discontinuity loss involving tissue loss of 50% or more of the upper or lower lip—the amount payable for loss of one lip is $50,000, and the amount payable for loss of both lips is $75,000;
( D ) Surgery to correct discontinuity loss involving bone loss of 30% or more of the periorbita—the amount payable for loss of each eye is $25,000;
( E ) Surgery to correct discontinuity loss involving loss of bone or tissue of 50% or more of any of the following facial subunits: Forehead, temple, zygomatic, mandibular, infraorbital, or chin—the amount payable for each facial subunit is $25,000.
( ii ) Losses due to facial reconstruction may be combined with each other, but the maximum benefit for facial reconstruction may not exceed $75,000.
( iii ) Any injury or combination of losses under facial reconstruction may be combined with other losses in § 9.21(c)(1)-(19) and treated as one loss, provided that all losses are the result of a single traumatic event. However, the total payment amount may not exceed $100,000.
( iv ) Bone grafts for teeth implants alone do not meet the loss standard for facial reconstruction from jaw surgery.
( 17 ) *Coma (8 or less on Glasgow Coma Scale) AND/OR Traumatic Brain Injury resulting in inability to perform at least 2 activities of daily living (ADL):* ( i ) The amount payable at the 15th consecutive day of ADL loss is $25,000.
( ii ) The amount payable at the 30th consecutive day of ADL loss is an additional $25,000.
( iii ) The amount payable at the 60th consecutive day of ADL loss is an additional $25,000.
( iv ) The amount payable at the 90th consecutive day of ADL loss is an additional $25,000.
( v ) Duration of coma and inability to perform ADLs include date of onset of coma or inability to perform ADLs and the first date on which member is no longer in a coma or is able to perform ADLs.
( 18 ) *Hospitalization due to traumatic brain injury:* ( i ) The amount payable at the 15th consecutive day of hospitalization is $25,000.
( ii ) Payment for hospitalization may only replace the first ADL milestone in loss 17. Payment will be made for 15-day hospitalization, coma, or the first ADL milestone, whichever occurs earlier. Once payment has been made for the first payment milestone in loss 17 for coma or ADL, there are no additional payments for subsequent 15-day hospitalization due to the same traumatic injury. To receive an additional ADL payment amount under loss 17 after payment for hospitalization in the first payment milestone, the member must reach the next payment milestones of 30, 60, or 90 consecutive days.
( iii ) Duration of hospitalization includes the dates on which member is transported from the injury site to a hospital as defined in 42 U.S.C. 1395x(e) or skilled nursing facility as defined in 42 U.S.C. 1395i-3(a), admitted to the hospital or facility, transferred between a hospital or facility, leaves the hospital or facility for a therapeutic trip, and discharged from the hospital or facility.
( iv ) In cases where a member is hospitalized for 15 consecutive days for a diagnostic assessment for a mental illness and/or brain or neurologic disorder, and the assessment determines the member has a mental illness or brain or neurologic disorder, and not TBI, this loss is not payable because the loss was due to illness or disease and is excluded from payment. If a member is hospitalized for 15 consecutive days for a diagnostic assessment to determine whether the member has TBI and is diagnosed with TBI, TBI and PTSD, or PTSD and not TBI, the loss is payable for $25,000. If a member is hospitalized for 15 consecutive days for a diagnostic assessment to determine whether the member has PTSD and is diagnosed with TBI or TBI and PTSD, the loss is payable for $25,000.
( 19 ) *Genitourinary losses:* ( i ) Amputation of the glans penis or any portion of the shaft of the penis above glans penis (*i.e.,* closer to the body) or damage to the glans penis or shaft of the penis that requires reconstructive surgery—the amount payable for this loss is $50,000.
( ii ) Permanent damage to the glans penis or shaft of the penis that results in complete loss of the ability to perform sexual intercourse—the amount payable for this loss is $50,000.
( iii ) Amputation of or damage to a testicle that requires testicular salvage, reconstructive surgery, or both—the amount payable for this loss is $25,000.
( iv ) Amputation of or damage to both testicles that requires testicular salvage, reconstructive surgery, or both—the amount payable for this loss is $50,000.
( v ) Permanent damage to both testicles requiring hormonal replacement therapy—the amount payable for this loss is $50,000.
( vi ) Complete or partial amputation of the vulva, uterus, or vaginal canal or damage to the vulva, uterus, or vaginal canal that requires reconstructive surgery—the amount payable for this loss is $50,000.
( vii ) Permanent damage to the vulva or vaginal canal that results in complete loss of the ability to perform sexual intercourse—the amount payable for this loss is $50,000.
( viii ) Amputation of an ovary or damage to an ovary that requires ovarian salvage, reconstructive surgery, or both—the amount payable for this loss is $25,000.
( ix ) Amputation of both ovaries or damage to both ovaries that requires ovarian salvage, reconstructive surgery, or both—the amount payable for this loss is $50,000.
( x ) Permanent damage to both ovaries requiring hormonal replacement therapy—the amount payable for this loss is $50,000.
( xi ) Permanent damage to the urethra, ureter(s), both kidneys, bladder, or urethral sphincter muscle(s) that requires urinary diversion and/or hemodialysis—the amount payable for this loss is $50,000.
( xii ) Losses due to genitourinary injuries may be combined with each other, but the maximum benefit for genitourinary losses may not exceed $50,000.
( xiii ) Any genitourinary loss may be combined with other injuries listed in § 9.21(b)(1)-(18) and treated as one loss, provided that at all losses are the result of a single traumatic event. However, the total payment may not exceed $100,000.
( 20 ) *Traumatic injury, other than traumatic brain injury, resulting in inability to perform at least 2 activities of daily living (ADL):* ( i ) The amount payable at the 15th consecutive day of ADL loss is $25,000.
( ii ) The amount payable at the 30th consecutive day of ADL loss is an additional $25,000.
( iii ) The amount payable at the 60th consecutive day of ADL loss is an additional $25,000.
( iv ) The amount payable at the 90th consecutive day of ADL loss is an additional $25,000.
( v ) Duration of inability to perform ADL includes the date of the onset of inability to perform ADL and the first date on which member is able to perform ADL.
( 21 ) *Hospitalization due to traumatic injury other than traumatic brain injury:* ( i ) The amount payable at 15th consecutive day of ADL loss is $25,000.
( ii ) Payment for hospitalization may only replace the first ADL milestone in loss 20. Payment will be made for 15-day hospitalization or the first ADL milestone, whichever occurs earlier. Once payment has been made for the first payment milestone in loss 20, there are no additional payments for subsequent 15-day hospitalization due to the same traumatic injury. To receive an additional ADL payment amount under loss 20 after payment for hospitalization in the first payment milestone, the member must reach the next payment milestones of 60, 90, or 120 consecutive days.
( iii ) Duration of hospitalization includes the dates on which member is transported from the injury site to a hospital as defined in 42 U.S.C. 1395x(e) or skilled nursing facility as defined in 42 U.S.C. 1395i-3(a), admitted to the hospital or facility, transferred between a hospital or facility, leaves the hospital or facility for a therapeutic trip, and discharged from the hospital or facility.
(Authority: 38 U.S.C. 501(a), 1980A)
[88 FR 15912, Mar. 15, 2023]