[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3248]
[[Page Unknown]]
[Federal Register: February 11, 1994]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AG71
Claims Based on Exposure to Ionizing Radiation
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend
its adjudication regulations concerning diseases claimed to be the
result of exposure to ionizing radiation. This amendment is necessary
to implement recommendations by the Veterans Advisory Committee on
Environmental Hazards (VACEH) that tumors of the brain and central
nervous system be considered ``radiogenic.'' The intended effect of
this amendment is to add tumors of the brain and central nervous system
to the list of radiogenic diseases for service-connected compensation
purposes.
DATES: Comments must be received on or before April 12, 1994. Comments
will be available for public inspection until April 22, 1994. This
amendment is proposed to be effective on the date of publication of the
final rule.
ADDRESSES: Interested persons are invited to submit written comments,
suggestions, or objections regarding this amendment to Secretary of
Veterans Affairs (271A), Department of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420. All written comments received will be
available for public inspection only in the Veterans Services Unit,
room 170, at the above address between the hours of 8 a.m. and 4:30
p.m., Monday through Friday (except holidays), until April 22, 1994.
FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, (202) 233-3005.
SUPPLEMENTARY INFORMATION: Under 38 CFR 1.17(c), when VA determines
that a significant statistical association exists between exposure to
ionizing radiation and any disease, 38 CFR 3.311 is amended to provide
guidelines for the establishment of service connection for that
disease. Such a determination is made after receiving the advice of the
VACEH based on its evaluation of scientific or medical studies.
In a public meeting on April 22-23, 1993, the VACEH met in
Washington, DC. At that meeting, the VACEH reviewed studies by Modan,
et al., ``Radiation-induced Head and Neck Tumors,'' Lancet, February
23, 1974, pp. 277-279, and Ron, et al., ``Tumors of the Brain and
Nervous System After Radiotherapy in Childhood,'' New England Journal
of Medicine 319: 1033-1039 (1988). Based on this review, the VACEH
recommended that tumors of the brain and central nervous system,
including, but not limited to, gliomas, astrocytomas, and meningiomas,
be added to the list of diseases VA will recognize as being radiogenic.
The Secretary has accepted that recommendation and we propose to amend
38 CFR 3.311(b)(2) to implement the Secretary's decision effective the
date of publication of the final rule.
The Secretary hereby certifies that this regulatory amendment will
not have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (RFA), 5
U.S.C. 601-612. The reason for this certification is that this
amendment would not directly affect any small entities. Only VA
beneficiaries could be directly affected. Therefore, pursuant to 5
U.S.C. 605(b), this amendment is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
The Catalog of Federal Domestic Assistance program numbers are
64.109 and 64.110.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Handicapped, Health
care, Pensions, Veterans.
Approved: November 4, 1993.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 3 is proposed
to be amended as set forth below:
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. 3.311(b)(2)(xviii), remove the word ``and''; in
Sec. 3.311(b)(2)(xix), remove the mark ``.'', and add, in its place,
the word ``; and''.
3. In Sec. 3.311(b)(2), add paragraph (xx) to read as follows:
Sec. 3.311 Claims based on exposure to ionizing radiation.
* * * * *
(b) * * *
(2) * * *
(xx) Tumors of the brain and central nervous system.
* * * * *
[FR Doc. 94-3248 Filed 2-10-94; 8:45 am]
BILLING CODE 8320-01-P
