[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21851]


[[Page Unknown]]

[Federal Register: September 6, 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: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) has amended 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.

EFFECTIVE DATE: This amendment is effective September 6, 1994.

FOR FURTHER INFORMATION CONTACT:
Lorna Weston, Consultant, Regulations Staff, Compensation and Pension 
Service, Veterans Benefits Administration, Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: VA published a proposal to amend 38 CFR 
3.311(b)(2) to include tumors of the brain and central nervous system 
on the list of diseases VA will recognize as being radiogenic in the 
Federal Register of February 11, 1994 (59 FR 6607-08). Interested 
persons were invited to submit written comments, suggestions or 
objections concerning the proposal on or before April 12, 1994. As no 
comments were received, the proposed amendment is adopted without 
change.
    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, Health care, 
Individuals with disabilities, Pensions, Veterans.

    Approved August 17, 1994.
Jesse Brown,
Secretary for Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 3 is 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 period 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. 94-21851 Filed 9-2-94; 8:45 am]
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