[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29072]


[[Page Unknown]]

[Federal Register: November 25, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG99

 

Claims Based on Exposure to Ionizing Radiation (Lymphomas Other 
Than Hodgkin's Disease and Cancer of the Rectum)

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Department of Veterans 
Affairs adjudication regulations concerning diseases presumed to be the 
result of exposure to ionizing radiation. This amendment is necessary 
to implement a decision by the Secretary of Veterans Affairs that 
lymphomas other than Hodgkin's disease and cancer of the rectum are 
``radiogenic.'' The intended effect of this action is to add these 
conditions to the list of radiogenic diseases for service-connected 
compensation purposes.

DATES: Comments must be received on or before January 24, 1995.

ADDRESSES: Mail written comments concerning these proposed regulations 
to: Director, Office of Regulations Management (02D), Department of 
Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420: or hand 
deliver written comments to: Office of Regulations Management, Room 
1176, 801 Eye Street, NW., Washington, DC 20001. Comments should 
indicate that they are submitted in response to ``RIN 2900-AG99.'' All 
written comments will be available for public inspection in the Office 
of Regulations Management, Room 1176, 801 Eye Street, NW., Washington, 
DC 20001 between the hours of 8:00 a.m. and 4:30 p.m., Monday through 
Friday (Except holidays).

FOR FURTHER INFORMATION CONTACT: Lorna Weston, Consultant, Regulations 
Staff, Compensation and Pension Service, Veterans Benefits 
Administration, (202) 273-7210.

SUPPLEMENTARY INFORMATION: Under 38 CFR 1.17(c), when the Secretary 
determines that a significant statistical association exists between 
exposure to ionizing radiation and any disease, 38 CFR 3.311(b)(2)  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 Veterans Advisory Committee on 
Environmental Hazards (VACEH) based on its evaluation of scientific and 
medical studies.
    On October 28-29, 1993, the VACEH held a public meeting in 
Washington, DC, and reviewed 53 medical and scientific studies having 
to do with radiation exposure and subsequent development of disease. 
Based on this review, VACEH recommended that VA add lymphomas other 
than Hodgkin's disease and rectal cancer to the list of diseases 
recognized by VA as being radiogenic.
    VA has previously recognized an association between radiation 
exposure and the development of multiple myeloma as well as all forms 
of leukemia except chronic lymphocytic leukemia. In its report, VACEH 
noted the close histologic relationship between acute lymphocytic 
leukemia and some of the lymphomas. Further, the report of the National 
Research Council's Committee on the Biological Effects of Ionizing 
Radiation (BEIR), entitled ``Health Effects of Exposure to Ionizing 
Radiation: BEIR V,'' noted that both malignant myeloma and the non-
Hodgkin's lymphomas are malignancies of the B lymphocytes which have 
been observed in humans to increase in frequency after irradiation. 
Based on these considerations, the Secretary has determined that an 
association exists between radiation exposure and subsequent 
development of lymphomas other than Hodgkin's disease.
    VA has also previously recognized both colon cancer and skin cancer 
as radiogenic diseases. While some studies have addressed colon cancer 
and rectal cancer together, the BEIR V report addressed them 
separately. VACEH also considered them as separate entities, noting 
that the rectal tissue of ectodermal origin is not pathologically part 
of the colon. While the BEIR V report gave conflicting conclusions 
about rectal cancer, the report of the United Nations Scientific 
Committee on the Effects of Atomic Radiation recognized an association 
between radiation exposure and rectal cancer. VACEH therefore 
recommended that cancer of the rectum be added to the radiogenic 
disease list. After review of these studies, the Secretary has 
determined that an association exists between radiation exposure and 
rectal cancer.
    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, Health care, 
Individuals with disabilities, Pensions, Veterans.

    Approved: November 15, 1994.
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)(xix), remove the word ``and''; in 
Sec. 3.311(b)(2)(xx), remove the mark ``.'', and add, in its place, the 
mark ``;''.
    3. In Sec. 3.311(b)(2), add paragraphs (xxi) and (xxii) to read as 
follows:


Sec. 3.311  Claims based on exposure to ionizing radiation.

* * * * *
    (b) * * *
    (2) * * *
    (xxi) Cancer of the rectum; and
    (xxii) Lymphomas other than Hodgkin's disease.
* * * * *
[FR Doc. 94-29072 Filed 11-23-94; 8:45 am]
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