[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]
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