[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21854]
[[Page Unknown]]
[Federal Register: September 8, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AH04
Disease Subject to Presumptive Service Connection (Radiation Risk
Activity)
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend
its adjudication regulations concerning diseases presumed to be the
result of exposure to ionizing radiation. This amendment is necessary
to implement a determination by the Secretary of Veterans Affairs that
the term ``radiation risk activity'' should include the onsite
participation in a test involving the atmospheric detonation of a
nuclear device by any government allied with the United States during
World War II. The intended effect of this amendment is to extend the
presumption of service connection for radiogenic disabilities to those
veterans exposed to radiation due to their onsite participation in
atmospheric nuclear tests conducted by allied governments.
DATES: Comments must be received on or before November 7, 1994.
Comments will be available for public inspection until November 17,
1994.
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 119, at the above address between the hours of 8 a.m. and 4:30
p.m., Monday through Friday (except holidays), until November 17, 1994.
FOR FURTHER INFORMATION CONTACT:
Lorna Weston, Consultant, Regulations Staff, Compensation and Pension
Service, Veterans Benefits Administration, 810 Vermont Avenue, NW.,
Washington, DC 20420, telephone (202) 273-7210.
SUPPLEMENTARY INFORMATION: The Radiation-Exposed Veterans Compensation
Act of 1988, Pub. L. 100-321, which was enacted May 20, 1988,
established a presumption of service connection for specific radiogenic
diseases arising in veterans who had been present at the occupation of
Hiroshima or Nagasaki, who had potentially been exposed to ionizing
radiation as prisoners of war in Japan during World War II, or who had
participated onsite in a test involving the atmospheric detonation of a
nuclear device.
On June 21, 1989, VA published regulations at 38 CFR 3.309 to
implement the provisions of Pub. L. 100-321. Under these regulations,
if a veteran who was present at one of the specified sites during the
appropriate time subsequently develops one of the specified radiogenic
diseases, that condition is presumed to have resulted from the
veteran's in-service exposure to ionizing radiation. In formulating
these regulations, VA relied on the introductory language of the
statute, which indicated that it was to apply to veterans ``who
participated in atmospheric or underwater nuclear tests as part of the
United States nuclear weapons testing program.'' The effect of that
rulemaking was to exclude those veterans exposed to ionizing radiation
during atmospheric nuclear testing by governments allied with the
United States during World War II from the presumption of service
connection.
VA is aware that veterans who were involved in allied atmospheric
nuclear tests as part of their active military duty are at the same
risk of developing a radiogenic disease as veterans who were present at
atmospheric tests conducted by the United States. Under current
regulations, however, these veterans are not entitled to presumptive
service connection for the radiogenic conditions listed at 38 CFR
3.309(d)(2). In the judgement of the Secretary of Veterans Affairs, it
is only equitable that VA provide service connection for radiogenic
diseases on the same presumptive basis for these veterans as for
veterans exposed to ionizing radiation due to atmospheric nuclear
detonations conducted as a part of the U.S. testing program.
Therefore, under the broad general rulemaking authority granted the
Secretary under the provisions of 38 U.S.C. 501(a), and the authority
to compensate for service-connected disabilities under 38 U.S.C. 1110
and 1131, we are amending 38 CFR 3.309(d) to extend the presumption
that radiogenic diseases are the result of in-service exposure to
ionizing radiation to veterans who were present at atmospheric nuclear
tests conducted by any government allied with the United States during
World War II.
We propose to make this amendment 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. 606(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
64.101, 64.109 and 64.110.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Handicapped, Health
care, Pensions, Veterans.
Approved: July 7, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR Part 3 is amended
to read 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. 3.309 [Amended]
2. In Sec. 3.309, paragraph (d)(3)(ii)(A) is amended by removing
the period and adding in its place, the words ``or by the government of
any nation allied with the United States during World War II.''
3. In Sec. 3.309, paragraph (d)(3)(v) is amended by removing the
word ``The'' at the beginning of the sentence, and inserting in its
place the words ``For tests conducted by the United States, the''.
4. The authority citation following Sec. 3.309(d)(3)(vii)(D) is
revised to read as follows:
(Authority: 38 U.S.C. 1110; 1112; 1131).
[FR Doc. 94-21854 Filed 9-7-94; 8:45 am]
BILLING CODE 8320-01-M
