[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Pages 23138-23139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11055]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AI77


Compensation for Certain Undiagnosed Illnesses

AGENCY: Department of Veterans Affairs.

ACTION: Interim rule with request for comments.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
adjudication regulations regarding compensation for disabilities 
resulting from undiagnosed illnesses suffered by Persian Gulf Veterans. 
This amendment is necessary to expand the period within which such 
disabilities must become manifest to a compensable degree in order for 
entitlement for compensation to be established. The intended effect of 
this amendment is to ensure that veterans with compensable disabilities 
due to undiagnosed illnesses that may be related to active service in 
the Southwest Asia theater of operations during the Persian Gulf War 
may qualify for benefits.

DATES: Effective date: November 2, 1994. Comment date: Comments must be 
received by VA on or before June 30, 1997.

ADDRESSES: Mail or hand deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should 
indicate that they are submitted in response to ``RIN 2900-AI77.'' All 
written comments received will be available for public inspection at 
the above address in the Office of Regulations Management, Room 1158, 
between the hours of 8 a.m. and 4 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone (202) 273-7230.

SUPPLEMENTARY INFORMATION: In response to the needs and concerns of 
Persian Gulf veterans, Congress enacted the ``Persian Gulf War 
Veterans' Benefits Act,'' Title I of the ``Veterans' Benefits 
Improvements Act of 1994,'' Pub. L. 103-446. That statute added a new 
section 1117 to Title 38, United States Code, authorizing the Secretary 
of Veterans Affairs to compensate any Persian Gulf veteran suffering 
from chronic disability resulting from an undiagnosed illness or 
combination of undiagnosed illnesses that became manifest either during 
active duty in the Southwest Asia theater of operations during the 
Persian Gulf War or to a degree of ten percent or more within a 
presumptive period, as determined by the Secretary, following service 
in the Southwest Asia theater of operations during the Persian Gulf 
War. The statute specified that in establishing a presumptive period 
the Secretary should review any credible scientific or medical 
evidence, the historical treatment afforded other diseases for which 
service connection is presumed, and other pertinent circumstances 
regarding the experience of Persian Gulf veterans.
    In the Federal Register of February 3, 1995, VA published a final 
rule adding a new Sec. 3.317 to title 38, Code of Federal Regulations, 
to establish the regulatory framework necessary for the Secretary to 
pay compensation under the authority granted by the Persian Gulf War 
Veterans' Benefits Act (See 60 FR 6660-6666). As part of that 
rulemaking, having determined that there was little or no scientific or 
medical evidence at that time that would be useful in determining an 
appropriate presumptive period, VA established a two-year-post-Gulf-
service presumptive period based on the historical treatment of 
disabilities for which manifestation periods had been established and 
pertinent circumstances regarding the experiences of Persian Gulf 
veterans as they were then known.
    Because of growing concerns regarding the adequacy of the two-year 
presumptive period for undiagnosed illnesses, the Secretary recently 
held a series of veterans' forums nationwide and consulted with members 
of Congress as well as the leadership of the national veterans' service 
organizations on the issue of that presumptive period. The Secretary 
has concluded that the two-year presumptive period is inadequate 
because: (1) Despite a broad federal research effort, there is 
insufficient data about the nature and causes of these illnesses to 
justify limiting the presumptive period to two years; and (2) it 
prevents VA from compensating certain veterans with disabilities due to 
undiagnosed conditions that may have resulted from their service in the 
Persian Gulf War. Based upon the consensus concerning the inadequacy of 
the current presumptive period and the continuing medical and 
scientific uncertainty about the nature and causes of these illnesses, 
the Secretary has determined that the presumptive period should be 
extended to disabilities due to undiagnosed illnesses that become 
manifest through the year 2001. By then, it is anticipated, results of 
ongoing research may shed more light on these issues to guide future 
policies.
    We are making this amendment effective November 2, 1994, the 
effective date of Title I of Pub. L. 103-446, in order to ensure that 
all Persian Gulf War veterans suffering from disabilities resulting 
from undiagnosed illnesses receive the benefits that Congress mandated 
when it enacted Pub. L. 103-446.
    We also are amending the authority citation following 38 CFR 3.317 
to cite 38 U.S.C. 1117 rather than the Public Law that added that 
section to the statute.
    We are making this document effective on an emergency basis. We 
have found good cause for concluding that notice and public procedure

[[Page 23139]]

thereon are impracticable, unnecessary, and contrary to the public 
interest since veterans entitled to compensation must be provided such 
compensation promptly to help them meet their financial obligations.
    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. 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.
    This rule has been reviewed under Executive Order 12866 by the 
Office of Management and Budget.

    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: March 24, 1997.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is amended 
as follows:

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. 3.317  [Amended]

    2. In Sec. 3.317, paragraph (a)(1)(i) is amended by removing ``two 
years after the date on which the veteran last performed active 
military, naval, or air service in the Southwest Asia theater of 
operations during the Persian Gulf War'' and adding, in its place, 
``December 31, 2001''.
    3. In Sec. 3.317, the authority citation immediately following 
paragraph (d)(2) is revised to read as follows:


Sec. 3.317  Compensation for certain disabilities due to undiagnosed 
illnesses.

* * * * *
    Authority: 38 U.S.C. 1117.

[FR Doc. 97-11055 Filed 4-28-97; 8:45 am]
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