[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Pages 23138-23139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11055]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AI77
Compensation for Certain Undiagnosed Illnesses
AGENCY: Department of Veterans Affairs.
ACTION: Interim rule with request for comments.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
adjudication regulations regarding compensation for disabilities
resulting from undiagnosed illnesses suffered by Persian Gulf Veterans.
This amendment is necessary to expand the period within which such
disabilities must become manifest to a compensable degree in order for
entitlement for compensation to be established. The intended effect of
this amendment is to ensure that veterans with compensable disabilities
due to undiagnosed illnesses that may be related to active service in
the Southwest Asia theater of operations during the Persian Gulf War
may qualify for benefits.
DATES: Effective date: November 2, 1994. Comment date: Comments must be
received by VA on or before June 30, 1997.
ADDRESSES: Mail or hand deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN 2900-AI77.'' All
written comments received will be available for public inspection at
the above address in the Office of Regulations Management, Room 1158,
between the hours of 8 a.m. and 4 p.m., Monday through Friday (except
holidays).
FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, 810 Vermont Avenue, NW., Washington, DC 20420,
telephone (202) 273-7230.
SUPPLEMENTARY INFORMATION: In response to the needs and concerns of
Persian Gulf veterans, Congress enacted the ``Persian Gulf War
Veterans' Benefits Act,'' Title I of the ``Veterans' Benefits
Improvements Act of 1994,'' Pub. L. 103-446. That statute added a new
section 1117 to Title 38, United States Code, authorizing the Secretary
of Veterans Affairs to compensate any Persian Gulf veteran suffering
from chronic disability resulting from an undiagnosed illness or
combination of undiagnosed illnesses that became manifest either during
active duty in the Southwest Asia theater of operations during the
Persian Gulf War or to a degree of ten percent or more within a
presumptive period, as determined by the Secretary, following service
in the Southwest Asia theater of operations during the Persian Gulf
War. The statute specified that in establishing a presumptive period
the Secretary should review any credible scientific or medical
evidence, the historical treatment afforded other diseases for which
service connection is presumed, and other pertinent circumstances
regarding the experience of Persian Gulf veterans.
In the Federal Register of February 3, 1995, VA published a final
rule adding a new Sec. 3.317 to title 38, Code of Federal Regulations,
to establish the regulatory framework necessary for the Secretary to
pay compensation under the authority granted by the Persian Gulf War
Veterans' Benefits Act (See 60 FR 6660-6666). As part of that
rulemaking, having determined that there was little or no scientific or
medical evidence at that time that would be useful in determining an
appropriate presumptive period, VA established a two-year-post-Gulf-
service presumptive period based on the historical treatment of
disabilities for which manifestation periods had been established and
pertinent circumstances regarding the experiences of Persian Gulf
veterans as they were then known.
Because of growing concerns regarding the adequacy of the two-year
presumptive period for undiagnosed illnesses, the Secretary recently
held a series of veterans' forums nationwide and consulted with members
of Congress as well as the leadership of the national veterans' service
organizations on the issue of that presumptive period. The Secretary
has concluded that the two-year presumptive period is inadequate
because: (1) Despite a broad federal research effort, there is
insufficient data about the nature and causes of these illnesses to
justify limiting the presumptive period to two years; and (2) it
prevents VA from compensating certain veterans with disabilities due to
undiagnosed conditions that may have resulted from their service in the
Persian Gulf War. Based upon the consensus concerning the inadequacy of
the current presumptive period and the continuing medical and
scientific uncertainty about the nature and causes of these illnesses,
the Secretary has determined that the presumptive period should be
extended to disabilities due to undiagnosed illnesses that become
manifest through the year 2001. By then, it is anticipated, results of
ongoing research may shed more light on these issues to guide future
policies.
We are making this amendment effective November 2, 1994, the
effective date of Title I of Pub. L. 103-446, in order to ensure that
all Persian Gulf War veterans suffering from disabilities resulting
from undiagnosed illnesses receive the benefits that Congress mandated
when it enacted Pub. L. 103-446.
We also are amending the authority citation following 38 CFR 3.317
to cite 38 U.S.C. 1117 rather than the Public Law that added that
section to the statute.
We are making this document effective on an emergency basis. We
have found good cause for concluding that notice and public procedure
[[Page 23139]]
thereon are impracticable, unnecessary, and contrary to the public
interest since veterans entitled to compensation must be provided such
compensation promptly to help them meet their financial obligations.
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. 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.
This rule has been reviewed under Executive Order 12866 by the
Office of Management and Budget.
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, Health care,
Individuals with disabilities, Pensions, Veterans.
Approved: March 24, 1997.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 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.
Sec. 3.317 [Amended]
2. In Sec. 3.317, paragraph (a)(1)(i) is amended by removing ``two
years after the date on which the veteran last performed active
military, naval, or air service in the Southwest Asia theater of
operations during the Persian Gulf War'' and adding, in its place,
``December 31, 2001''.
3. In Sec. 3.317, the authority citation immediately following
paragraph (d)(2) is revised to read as follows:
Sec. 3.317 Compensation for certain disabilities due to undiagnosed
illnesses.
* * * * *
Authority: 38 U.S.C. 1117.
[FR Doc. 97-11055 Filed 4-28-97; 8:45 am]
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