[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Rules and Regulations]
[Pages 53276-53277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25374]



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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: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs 
adjudication regulations concerning diseases claimed 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 amendment is to add these 
conditions to the list of radiogenic diseases for service-connected 
compensation purposes.

EFFECTIVE DATE: October 13, 1995.

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

SUPPLEMENTARY INFORMATION: On November 25, 1994, VA published a 
proposal in the Federal Register to amend 38 CFR 3.311 (b)(2) to add 
lymphomas other than Hodgkin's disease and rectal cancer to the list of 
diseases VA will recognize as radiogenic for purposes of service 
connection based on exposure to ionizing radiation.
    By adding lymphomas other than Hodgkin's disease and cancer of the 
rectum to the list of radiogenic diseases in paragraph (b)(2), this 
amendment relieves claimants suffering from those conditions from 
having to establish that they may be induced by ionizing radiation.
    We requested that written comments to the proposed rule be 
submitted on or before January 24, 1995. We received one comment from 
the Raleigh Research Director for the Clean Water Fund of North 
Carolina.
    The comment expressed support for the amendment to enlarge the list 
of radiogenic diseases and suggested that since radiation exposure may 
lead to development of diseases other than those VA recognizes as 
radiogenic, claims for any cancer as a result of radiation exposure 
should be regarded as highly credible.
    The issue of the exclusivity of the list of diseases at 38 CFR 
3.311(b)(2) has been addressed in a separate amendment to Sec. 3.311(b) 
which was published in the Federal Register on 

[[Page 53277]]
February 21, 1995. (See 60 FR 9627-28) That amendment provides that if 
a claimant files a claim based on a disease other than one of those 
listed in 38 CFR 3.311 (b)(2) or (b)(3), but cites or submits competent 
scientific or medical evidence that the claimed condition is a 
radiogenic disease, the claim will be considered under the provisions 
of Sec. 3.311.
    VA appreciates the comment submitted in response to the proposed 
rule which is now adopted without change.
    The Secretary certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This rule will directly affect VA beneficiaries but will not 
affect small businesses. Therefore, pursuant to 5 U.S.C. 605(b), this 
final rule is exempt from the initial and final regulatory flexibility 
analysis requirements of sections 603 and 604.
    This final rule has been reviewed by the Office of Management and 
Budget under E.O. 12866.

    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: May 17, 1995.
Jesse Brown,
Secretary of 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)(xix), the word ``and'' is removed; in 
Sec. 3.311(b)(2)(xx), the period is removed and, in its place, a 
``semicolon'' is added.
    3. In Sec. 3.311, paragraphs (b)(2)(xxi) and (xxii) are added 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. 95-25374 Filed 10-12-95; 8:45 am]
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