9301 - Major or mild neurocognitive disorder due to HIV or other infections

DBQ: Link to Index of DBQ/Exams by Disability for DC 9301 

Acronym: ARCD, HADC

Definition

A term that is used to characterize multiple cognitive deficits, including memory impairment. In order to be labeled dementia, at least one of the following mental disabilities must be present:

  • Apraxia inability to perform motor tasks despite having an intact motor system.

  • Aphasia loss of language function.

  • Agnosia failure to recognize objects, and disturbances in abstract thinking, planning, initiating, sequencing, and stopping complex behavior.

Etiology

This dementia is due to the physiologic consequence of the underlying infectious disease (e.g., HIV-1 virus, or syphilitic spirochete Treponema pallidum). Dementia in association with HIV infection may also result from accompanying central nervous system (CNS) tumors and from opportunistic infections.

Signs & Symptoms

The rate that dementia progresses varies widely.

  • Syphilitic dementia shows up with symptoms in approximately 5 to 15 years. It is usually seen between the ages of 30 to 50. The most common signs include: tremors of the hands, tongue and lips; dysarthria; and dysgraphia. Clinically, dementia mimics any organic brain syndrome.

  • AIDS dementia complex begins with: Stage 0 (normal) during which normal mental and physical activity moves to difficulty in concentration and memory. In Stage 1 (mild), the disease advances, and patients are slower and less agile. With the advance of the disease to Stage 2 (moderate), the patient performs poorly on mental tests, is unable to work, and may require a cane. In Stage 3 (severe), the patient has major intellectual incapacitates. Stage 4 (end stage) progresses all the way to a vegetative state.

Tests

Differentiating delirium from dementia is necessary. Diagnostic criteria have been developed, and the diagnosis is made almost solely on clinical grounds. Laboratory tests are performed to search for medical causes of the delirium.

  • Syphilitic dementia - Cerebrospinal fluid (CSF) contains syphilitic antibodies.

  • AIDS dementia - CSF may show normal or slightly increased protein, and a mild lymphocytosis. HIV can usually be isolated directly from the CSF. Computed tomography (CT) and magnetic resonance imaging (MRI) help in the diagnosis to reveal any localized brain lesions, cerebral atrophy, strokes or tumors. The levels of CD4+T-lymphocyte cell counts influence dementia progress and the development of opportunistic infections. (See Diagnostic Code: 6351 HIV-Related illness)

Treatment

Treating the cause of dementia may slow the progress of the disease; however, it will not eliminate it. Supportive actions such as frequent orientation to time, place and person; maintenance of the same surroundings; institution of activities that are repeated and non-stressful; and use of rooms that contain sensory stimuli are helpful. Moderate exercise may be recommended to reduce restlessness and to improve balance. Medications to control undesirable behaviors should be limited and minimal doses should be used.

Residuals

Due to the progressive nature of dementia, a referral to a social agency may be indicated to assist in care-giving. It is suggested that a living will be made before the patient is mentally incapacitated.

Special Considerations

  • This disease shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under 38 CFR 3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of 38 CFR 3.307 are also satisfied [38 CFR 3.309 [Disease subject to presumptive service connection], 38 CFR 3.309 (a).  [chronic disease].

  • If a Veteran is a former prisoner of war, this disease shall be service connected if manifest to a degree of disability of 10% or more at any time after discharge or release from active military, naval, or air service even though there is no record of such disease during service, provided the rebuttable presumption provisions of 38 CFR 3.307 are also satisfied [38 CFR 3.309 (c) Disease subject to presumptive service connection].

  • May be entitled to special monthly compensation where the Veteran has a single service-connected disability rated as 100% with additional service-connected disability or disabilities independently ratable at 60% or more, which are separate and distinct from the 100% service-connected disability and involves different anatomical segments or bodily systems. See  38 CFR 3.350(i)(1) – Special Monthly Compensation (SMC).

  • Competency must be addressed in cases where a mental condition is initially evaluated as totally disabling or when the total evaluation is continued in a rating decision. This includes when individual unemployability is awarded or continued on the basis of a single mental health disability, and when assigning or continuing a temporary total evaluation for a mental disorder under 38 CFR 4.29 [38 CFR 3.353 [Determinations of incompetency and competency]].

  • Reference 38 CFR 3.384 for the applicability of the term psychosis.

  • Review 38 CFR 3.354 with regard to determinations of insanity

Notes

  • An incapacitating episode is a period during which bed rest and treatment by a physician are required.

  • Ratings under diagnostic codes 9201 to 9440 will be evaluated using the General Rating Formula for Mental Disorders. Ratings under diagnostic codes 9520 and 9521 will be evaluated using the General Rating Formula for Eating Disorders.

  • Review the special provision outlined in 38 CFR 4.125 through 38 CFR 4.129 for decisions related to mental disorders.

  • The nomenclature employed in this portion of the rating schedule is based upon the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM–5) (see 38 CFR 4.125 for availability information). Rating agencies must be thoroughly familiar with this manual to properly implement the directives in 38 CFR 4.125 through 38 CFR 4.129 and to apply the general rating formula for mental disorders in 38 CFR 4.130.

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