DI 34131.005 Neurological Listings from 12/12/90 to 09/19/00
   
   
   
   11.00 Neurological 
   
   A. Convulsive disorders. In convulsive disorders, regardless of etiology, degree of impairment will be determined
      according to type, frequency, duration, and sequelae of seizures. At least one detailed
      description of a typical seizure is required. Such description includes the presence
      or absence of aura, tongue bites, sphincter control, injuries associated with the
      attack, and postictal phenomena. The reporting physician should indicate the extent
      to which description of seizures reflects his own observations and the source of ancillary
      information. Testimony of persons other than the claimant is essential for description
      of type and frequency of seizures if professional observation is not available.
   
   
   Documentation of epilepsy should include at least one electroencephalogram (EEG).
   
   Under 11.02 and 11.03, the criteria can be applied only if the impairment persists
      despite the fact that the individual is following prescribed anticonvulsive treatment.
      Adherence to prescribed anticonvulsant therapy can ordinarily be determined from objective
      clinical findings in the report of the physician currently providing treatment for
      epilepsy. Determination of blood levels of phenytoin sodium or other anticonvulsive
      drugs may serve to indicate whether the prescribed medication is being taken. When
      seizures are occurring at the frequency stated in 11.02 or 11.03, evaluation of the
      severity of the impairment must include consideration of the serum drug levels. Should
      serum drug levels appear therapeutically inadequate, consideration should be given
      as to whether this is caused by individual idiosyncrasy in absorption or metabolism
      of the drug. Blood drug levels should be evaluated in conjunction with all other evidence
      to determine the extent of compliance. When reported blood drug levels are low, therefore,
      the information obtained from the treating source should include the physician's statement
      as to why the levels are low and the results of any relevant diagnostic studies concerning
      the blood levels. Where adequate seizure control is obtained only with unusually large
      doses, the possibility of impairment resulting from the side effects of this medication
      must also be assessed. Where documentation shows that use of alcohol or drugs affects
      adherence to prescribed therapy or may play a part in the precipitation of seizures,
      this must also be considered in the overall assessment of impairment level.
   
   
   B. Brain tumors. The diagnosis of malignant brain tumors must be established, and the persistence
      of the tumor should be evaluated, under the criteria described in 13.00B and C for
      neoplastic disease.
   
   
   In histologically malignant tumors, the pathological diagnosis alone will be the decisive
      criterion for severity and expected duration (see 11.05A). For other tumors of the
      brain, the severity and duration of the impairment will be determined on the basis
      of symptoms, signs, and pertinent laboratory findings (11.05B).
   
   
   C. Persistent disorganization of motor
         function in the form of paresis or paralysis, tremor or other involuntary movements, ataxia
      and sensory disturbances (any or all of which may be due to cerebral, cerebellar,
      brain stem, spinal cord, or peripheral nerve dysfunction) which occur singly or in
      various combinations, frequently provides the sole or partial basis for decision in
      cases of neurological impairment. The assessment of impairment depends on the degree
      of interference with locomotion and/or interference with the use of fingers, hands
      and arms.
   
   
   D. In conditions which are episodic in
         character, such as multiple sclerosis or myasthenia gravis, consideration should be given to
      frequency and duration of exacerbations, length of remissions, and permanent residuals.
   
   
   E. Multiple sclerosis. The major criteria for evaluating impairment caused by multiple sclerosis are discussed
      in Listing 11.09. Paragraph A provides criteria for evaluating disorganization of
      motor function and gives reference to 11.04B (11.04B then refers to 11.00C). Paragraph
      B provides references to other listings for evaluating visual or mental impairments
      caused by multiple sclerosis. Paragraph C provides criteria for evaluating the impairment
      of individuals who do not have muscle weakness or other significant disorganization
      of motor function at rest, but who do develop muscle weakness on activity as a result
      of fatigue.
   
   
   Use of the criteria in 11.09C is dependent upon (1) documenting a diagnosis of multiple
      sclerosis, (2) obtaining a description of fatigue considered to be characteristic
      of multiple sclerosis, and (3) obtaining evidence that the system has actually become
      fatigued. The evaluation of the magnitude of the impairment must consider the degree
      of exercise and the severity of the resulting muscle weakness.
   
   
   The criteria in 11.09C deals with motor abnormalities which occur on activity. If
      the disorganization of motor function is present at rest, paragraph A must be used,
      taking into account any further increase in muscle weakness resulting from activity.
   
   
   Sensory abnormalities may occur, particularly involving central visual acuity. The
      decrease in visual acuity may occur after brief attempts at activity involving near
      vision, such as reading. This decrease in visual acuity may not persist when the specific
      activity is terminated, as with rest, but is predictably reproduced with resumption
      of the activity. The impairment of central visual acuity in these cases should be
      evaluated under the criteria in Listing 2.02, taking into account the fact that the
      decrease in visual acuity will wax and wane.
   
   
   Clarification of the evidence regarding central nervous system dysfunction responsible
      for the symptoms may require supporting technical evidence of functional impairment
      such as evoked response tests during exercise.
   
   
   11.01 Category of Impairments, Neurological
   
   11.02 Epilepsy—major
            motor seizures (grand mal or psychomotor), documented by EEG and by detailed description of a typical
      seizure pattern, including all associated phenomena; occurring more frequently than
      once a month, in spite of at least 3 months of prescribed treatment. With:
   
   
   
      - 
         
            A.  
               Daytime episodes (loss of consciousness and convulsive seizures); or 
 
 
- 
         
            B.  
               Nocturnal episodes manifesting residuals which interfere significantly with activity
                  during the day.
                
 
 
11.03 Epilepsy—minor
            motor seizures (petit mal, psychomotor, or focal), documented by EEG and by detailed description
      of a typical seizure pattern, including all associated phenomena; occurring more
      frequently than once weekly in spite of at least 3 months of prescribed treatment.
      With alteration of awareness or loss of consciousness and transient postictal manifestations
      of unconventional behavior or significant interference with activity during the day.
   
   
   11.04 Central nervous system vascular accident. With one of the following more than 3 months postvascular accident:
   
   
   
      - 
         
            A.  
               Sensory or motor aphasia resulting in ineffective speech or communication; or 
 
 
- 
         
            B.  
               Significant and persistent disorganization of motor function in two extremities, resulting
                  in sustained disturbance of gross and dexterous movements, or gait and station (see
                  11.00C).
                
 
 
11.05 Brain tumors.
   
   
      - 
         
            A.  
               Malignant gliomas (astrocytoma—grades III and IV, glioblastoma multiforme), medulloblastoma,
                  ependymoblastoma, or primary sarcoma; or
                
 
 
- 
         
            B.  
               Astrocytoma (grades I and II), meningioma, pituitary tumors, oligodendroglioma, ependymoma,
                  clivus chordoma, and benign tumors. Evaluate under 11.02, 11.03, 11.04A or B, or 12.02.
                
 
 
11.06 Parkinsonian syndrome. With the following signs: Significant rigidity, bradykinesia, or tremor in two extremities,
      which, singly or in combination, result in sustained disturbance of gross and dexterous
      movements, or gait and station.
   
   
   11.07 Cerebral palsy. With:
   
   
   
      - 
         
      
- 
         
            B.  
               Abnormal behavior patterns, such as destructiveness or emotional instability; or 
 
 
- 
         
            C.  
               Significant interference in communication due to speech, hearing, or visual defect;
                  or
                
 
 
- 
         
            D.  
               Disorganization of motor function as described in 11.04B. 
 
 
11.08 Spinal cord or nerve root lesions, due
            to any cause. With disorganization of motor function as described in 11.04B.
   
   
   11.09 Multiple sclerosis. With:
   
   
   
      - 
         
            A.  
               Disorganization of motor function as described in 11.04B; or 
 
 
- 
         
            B.  
               Visual or mental impairment as described under the criteria in 2.02, 2.03, 2.04, or
                  12.02; or
                
 
 
- 
         
            C.  
               Significant, reproducible fatigue of motor function with substantial muscle weakness
                  on repetitive activity, demonstrated on physical examination, resulting from neurological
                  dysfunction in areas of the central nervous system known to be pathologically involved
                  by the multiple sclerosis process.
                
 
 
11.10 Amyotrophic lateral sclerosis. With:
   
   
   
      - 
         
            A.  
               Significant bulbar signs; or 
 
 
- 
         
            B.  
               Disorganization of motor function as described in 11.04B. 
 
 
11.11 Anterior poliomyelitis. With:
   
   
   
      - 
         
            A.  
               Persistent difficulty with swallowing or breathing; or 
 
 
- 
         
            B.  
               Unintelligible speech; or 
 
 
- 
         
            C.  
               Disorganization of motor function as described in 11.04B. 
 
 
11.12 Myasthenia gravis. With:
   
   
   
      - 
         
            A.  
               Significant difficulty with speaking, swallowing, or breathing while on prescribed
                  therapy; or
                
 
 
- 
         
            B.  
               Significant motor weakness of muscles of extremities on repetitive activity against
                  resistance while on prescribed therapy.
                
 
 
11.13 Muscular dystrophy. With disorganization of motor function as described in 11.04B.
   
   
   11.14 Peripheral neuropathies. With disorganization of motor function as described in 11.04B, in spite of prescribed
      treatment.
   
   
   11.15 Tabes dorsalis. With:
   
   
   
      - 
         
            A.  
               Tabetic crises occurring more frequently than once monthly; or 
 
 
- 
         
            B.  
               Unsteady, broad-based or ataxic gait causing significant restriction of mobility substantiated
                  by appropriate posterior column signs.
                
 
 
11.16 Subacute combined cord degeneration (pernicious
            anemia). With disorganization of motor function as described in 11.04B or 11.15B, not significantly
      improved by prescribed treatment.
   
   
   11.17 Degenerative disease not listed elsewhere,
            such as Huntington's chorea, Friedreich's ataxia, and spino-cerebellar
            degeneration. With:
   
   
   
      - 
         
            A.  
               Disorganization of motor function as described in 11.04B or 11.15B; or 
 
 
- 
         
            B.  
               Chronic brain syndrome. Evaluate under 12.02. 
 
 
11.18 Cerebral trauma. Evaluate under the provisions of 11.02, 11.03, 11.04, and 12.02, as applicable.
   
   
   11.19 Syringomyelia. With:
   
   
   
      - 
         
            A.  
               Significant bulbar signs; or 
 
 
- 
         
            B.  
               Disorganization of motor function as described in 11.04B.