DI 34233.005 Neoplastic Diseases, Malignant Listings from 05/24/02 to 12/14/04
113.00 Neoplastic Diseases, Malignant
A. Introduction. Determination of disability in the growing and developing child with a malignant neoplastic
disease is based upon the combined effects of:
1. The pathophysiology, histology, and natural history of the tumor; and
2. The effects of the currently employed aggressive multimodal therapeutic regimens.
Combinations of surgery, radiation, and chemotherapy or prolonged therapeutic schedules
impart significant additional morbidity to the child during the period of greatest
risk from the tumor itself. This period of highest risk and greatest therapeutically
induced morbidity defines the limits of disability for most of childhood neoplastic
B. Documentation . The diagnosis of neoplasm should be established on the basis of symptoms, signs,
and laboratory findings. The site of the primary, recurrent, and metastatic lesion
must be specified in all cases of malignant neoplastic diseases. If an operative procedure
has been performed, the evidence should include a copy of the operative note and the
report of the gross and microscopic examination of the surgical specimen, along with
all pertinent laboratory reports or reports from appropriate medically acceptable
imaging. Medically acceptable imaging includes, but is not limited to, x-ray imaging,
computerized axial tomography (CAT scan) or magnetic resonance imaging (MRI), with
or without contrast material, myelography, and radionuclear bone scans. "Appropriate"
means that the technique is the proper one to support the evaluation and diagnosis
of the impairment. The evidence should also include a recent report directed especially
at describing whether there is evidence of local or regional recurrence, soft part
or skeletal metastases, and significant posttherapeutic residuals.
C. Malignant solid tumors , as listed under 113.03, include the histiocytosis syndromes except for solitary
eosinophilic granuloma. Thus, 113.03 should not be used for evaluating brain tumors
(see 111.05) or thyroid tumors, which must be evaluated on the basis of whether they
are controlled by prescribed therapy.
D. Duration of disability from malignant neoplastic tumors is included in 113.02 and 113.03. Following the time
periods designated in these sections, a documented diagnosis itself is no longer sufficient
to establish a severe impairment. The severity of a remaining impairment must be evaluated
on the basis of the medical evidence.
113.01 Category of Impairments, Neoplastic Diseases -Malignant
113.02 Lymphoreticular Malignant Neoplasm
A. Hodgkin's Disease with progressive disease not controlled by prescribed therapy; or
B. Non-Hodgkin's lymphoma . Consider under a disability:
1. For 2 1/2 years from the time of initial diagnosis, or
2. For 2 1/2 years from the time of recurrence of active disease.
113.03 Malignant Solid Tumors. Consider under a disability:
A. For 2 years from the time of initial diagnosis; or
B. For 2 years from the time of recurrence of active disease.
113.04 Neuroblastoma. With one of the following:
A. Extension across the midline; or
B. Distant metastases; or
C. Recurrence; or
D. Onset at age 1 year or older.
113.05 Retinoblastoma. With one of the following:
A. Bilateral involvement; or
B. Metastases; or
C. Extension beyond the orbit; or