[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4479]
[[Page Unknown]]
[Federal Register: March 1, 1994]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AF03
Line of Duty
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 the service connection of
disabilities incurred or aggravated in line of duty. This proposed
change is necessary to implement legislation which precludes the
establishment of service connection for any condition that results from
the abuse of alcohol or drugs.
DATES: Comments must be received on or before May 2, 1994. Comments
will be available for public inspection until May 10, 1994. This
proposed change is proposed to be effective November 1, 1990, the date
established by the enacting legislation.
ADDRESSES: Interested persons are invited to submit written comments,
suggestions, or objections regarding this change 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 May 10, 1994.
FOR FURTHER INFORMATION CONTACT: John Bisset, Jr. Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, (202) 233-3005.
SUPPLEMENTARY INFORMATION: Section 8052 of the Omnibus Budget
Reconciliation Act of 1990, Pub. L. 101-508, amended 38 U.S.C. 105(a),
1110 and 1131 to provide that injuries or diseases incurred or
aggravated during service as a result of the abuse of alcohol or drugs
will not be considered incurred or aggravated in the line of duty and
thus would not be compensable by VA as service-connected disabilities.
These provisions apply to claims filed after October 31, 1990. VA
proposes to define drug abuse as the use of illegal drugs (including
prescription drugs that are illegally or illicitly obtained), the
intentional use of prescription or non-prescription drugs for a purpose
other than the medically intended use, or the use of substances other
than alcohol to enjoy their intoxicating effects. VA proposes to define
alcohol abuse as the drinking of alcoholic beverages in any amount,
over any period of time, sufficient to cause disability or death. VA
proposes to amend 38 CFR 3.1 and 3.301 to implement this new statutory
provision.
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 number is
64.109.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Handicapped, Health
care, Pensions, Veterans.
Approved: December 22, 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.
Sec. 3.1 [Amended].
2. In Sec. 3.1(m) introductory text, the first sentence, after the
words ``willful misconduct'' add the words ``or abuse of alcohol or
drugs''.
Sec. 3.301 [Amended].
3. In Sec. 3.301(a), after the words ``willful misconduct'' add the
words ``or abuse of alcohol or drugs''.
4. In Sec. 3.301(c), the heading of the introductory text, after
the word ``applications'' add the words ``; willful misconduct''.
5. In Sec. 3.301(c)(3), after the third sentence, add the words
``(See paragraph (d) of this section regarding service connection where
disability or death is a result of abuse of drugs.)''. In the fourth
sentence, remove the words ``Similarly, where'' and add, in their
place, the word ``Where''.
6. In Sec. 3.301, add a new paragraph (d) to read as follows:
Sec. 3.301 Line of duty and misconduct.
* * * * *
(d) Line of duty; abuse of alcohol or drugs. An injury or disease
incurred during active military, naval, or air service shall not be
deemed to have been incurred in line of duty if such injury or disease
was a result of the abuse of alcohol or drugs. For the purpose of this
paragraph, alcohol abuse means the drinking of alcoholic beverages in
any amount, over any period of time, sufficient to cause disability or
death; drug abuse means the use of illegal drugs (including
prescription drugs that are illegally or illicitly obtained), the
intentional use of prescription or non-prescription drugs for a purpose
other than the medically intended use, or the use of substances other
than alcohol to enjoy their intoxicating effects.
(Authority: 38 U.S.C. 105(a))
[FR Doc. 94-4479 Filed 2-28-94; 8:45 am]
BILLING CODE 8320-01-P
