[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]
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