Document ID: chunk:federal_register_of_legislation:F2016L01332:reg:207:p2
Version: federal_register_of_legislation:F2016L01332
Segment Type: reg
Provision Reference: reg 207 (pt 2/4)
Character Range: 339028–341860

its treatment.

    If non-accepted conditions or accepted but non-malignant conditions have contributed to the impairment rating obtained from Table 14.1, Chapter 19 (Apportionment) or Chapter 20 (Partially Contributing  Impairment) are to be applied depending on the circumstances of the case.

     Step 5: Determine the impairment rating based on life expectancy.

    If an impairment rating has not been determined on any previous occasion by applying Table 14.2 (Life Expectancy) or its predecessor in an earlier edition of this Guide, a rating is to be obtained from Table 14.2. If a rating has been obtained from Table
    14.2 or its predecessor in an earlier edition of this Guide, on a previous occasion,
that same rating is to be applied again in all further  assessments of the condition.

    Whenever possible, the rating from Table 14.2 is to be based on an estimate from an oncologist or other treating specialist of the veteran's survival. If such information is unavailable, data from standard reference texts is to be applied to provide an estimate. Such an estimate is to be based on malignancies of the same type and degree of spread as that affecting the veteran.

    Estimated life expectancy is projected from the time of diagnosis, or from any subsequent major staging procedure or operation. Thus, once a rating from Table
    14.2 has been made it is not to be changed, unless subsequent findings indicate that the earlier prognosis was based on incorrect clinical information.

If the assessment is made posthumously, the rating from Table 14.2 is not to be modified to reflect the actual duration for which the veteran survived after diagnosis. The table is only to be used for predicted probability of survival.

  Ratings from Table 14.2 are not to be updated to account for the natural progression of the disease. However, it is expected that ratings from Table 14.2 will come to be exceeded by ratings from Table 14.1 during this time.

  Ratings from Table 14.2 are not to be reduced because of favourable response to treatment, or because of better than expected survival. However, if the condition is being rated for the first time more than five years after diagnosis, and the disorder is in remission or appears to be cured, the impairment rating from this table is not to exceed ten.

  If the veteran has more than one malignant condition accepted, Table 14.2 is to be applied to each condition.  Table 14.2 is not to be applied to a recurrence of an old (already diagnosed) condition.

Functional Loss
Table 14.1

      Impairment

MALIGNANT DISORDERS
      Ratings Criteria

      NIL  Minor symptoms that are easily tolerated.

               TEN            Mild to moderate symptoms that are irritating or unpleasant but rarely prevent completion of any activity. Symptoms may