[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1131-1132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-432]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AJ04
Additional Disability or Death Due to Hospital Care, Medical or
Surgical Treatment, Examination, or Training and Rehabilitation
Services
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: In a document published as a final rule in the Federal
Register on August 24, 1998 (63 FR 45004), we amended our adjudication
regulations concerning awards of compensation or dependency and
indemnity compensation for additional disability or death due to VA
hospital care, medical or surgical treatment, examination, or training
and rehabilitation services. The amendments provided that benefits are
payable for additional disability or death caused by VA hospital care,
medical or surgical treatment, or examination only if VA fault or ``an
event not reasonably foreseeable'' proximately caused the disability or
death. Further, the amendments provided that benefits are also payable
for additional disability or death proximately caused by VA's provision
of training and rehabilitation services.
We established the amendments without prior notice and comment
based on our conclusion that they consisted of only restatements and
interpretations of statutory provisions. Judicial review has been
sought on the basis that the rulemaking establishing the final rule
constituted substantive rulemaking that required an opportunity for
prior notice and comment. We believe that our action was legally
correct. Even so, as provided in a settlement agreement, by this
document we are rescinding the final rule of August 24. This moots the
pending litigation. The rescinded rule will be considered to have no
force or effect in any claim decided on or after August 24, 1998.
Further, we intend to propose provisions similar to those in the
rescinded rule in a document to be published in the Proposed Rules
section of a future issue of the Federal Register. This will provide
interested individuals an opportunity to comment on the proposed
amendments.
DATES: Effective Date: January 8, 1999.
FOR FURTHER INFORMATION CONTACT: David Barrans, Staff Attorney (022),
Office of General Counsel, Department of Veterans Affairs, 810 Vermont
Avenue, NW, Washington, DC 20420, (202) 273-6332.
SUPPLEMENTARY INFORMATION: This final rule concerns restatements and
interpretations of statutory provisions. Accordingly, in accordance
with the provisions of 5 U.S.C. 553, it is promulgated without notice
and comment and without a delayed effective date.
The Secretary of Veterans Affairs hereby certifies that this rule
will not have a significant economic impact on a substantial number of
small entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. This rule only affects individuals. Therefore, pursuant
to 5 U.S.C. 605(b), this rulemaking proceeding is exempt from the
initial and final regulatory flexibility analysis requirements of 5
U.S.C. 603-604.
The Catalog of Federal Domestic Assistance program numbers are
64.104 and 64.109.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability Benefits,
Health Care, Pensions, Veterans, Vietnam.
Approved: January 5, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
For the reasons set forth above, 38 CFR part 3 is amended as
follows:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
1. The authority citation for part 3, subpart A continues to read
as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
2. In Sec. 3.358, the section heading and paragraph (a) are revised
to read as follows:
Sec. 3.358 Compensation for disability or death from hospitalization,
medical or surgical treatment, examinations or vocational
rehabilitation training (Sec. 3.800).
(a) General. Where it is determined that there is additional
disability resulting from a disease or injury or an aggravation of an
existing disease or injury suffered as a result of training,
hospitalization, medical or surgical
[[Page 1132]]
treatment, or examination, compensation will be payable for such
additional disability.
(Authority: 38 U.S.C. 1151)
* * * * *
Secs. 3.361 through 3.363 [Removed]
2. Sections 3.361 through 3.363 are removed.
Sec. 3.800 [Amended]
3. The introductory text to Sec. 3.800 is removed.
[FR Doc. 99-432 Filed 1-7-99; 8:45 am]
BILLING CODE 8320-01-U
