[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Rules and Regulations]
[Pages 43699-43700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17901]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK04


The Veterans Millennium Health Care and Benefits Act

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends Department of Veterans Affairs (VA) 
adjudication regulations to reflect changes made by the Veterans 
Millennium Health Care and Benefits Act. These changes concern payment 
of dependency and indemnity compensation to the surviving spouses of 
certain former prisoners of war; the provision of health care, 
education and home loan benefits to surviving spouses upon termination 
of their remarriages; and the addition of bronchiolo-alveolar carcinoma 
to the list of diseases that VA presumes are the result of exposure to 
radiation during active military service.

DATES: Effective Dates: The amendments to 38 CFR 3.22 and 3.309 are 
effective November 30, 1999. The amendment to 38 CFR 3.55 is effective 
December 1, 1999.

FOR FURTHER INFORMATION CONTACT: Bill Russo (211), Attorney-Advisor, 
Compensation and Pension Service, Veterans Benefits Administration, 810 
Vermont Avenue, NW., Washington, DC 20420, telephone (202) 273-7210.

SUPPLEMENTARY INFORMATION: On November 30, 1999, the President signed 
into law the Veterans Millennium Health Care and Benefits Act, Pub. L. 
106-117 (the Act). Three provisions of the Act directly affect the 
payment of VA benefits. These provisions concern: (1) Payment of 
dependency and indemnity compensation (DIC) to the surviving spouses of 
certain former prisoners of war (POWs); (2) provision of health care, 
education and home loan benefits to surviving spouses upon termination 
of their remarriages; and (3) addition of bronchiolo-alveolar carcinoma 
to the list of diseases that VA presumes are the result of exposure to 
radiation during active military service.
    DIC benefits are generally payable to the survivors of veterans who 
died from their service-connected disabilities. In addition, 38 U.S.C. 
1318 authorizes VA to pay DIC benefits to survivors of veterans whose 
deaths were not service-connected but who were continuously rated 
totally disabled due to service-connected disabilities for ten years or 
more immediately preceding the veteran's death, or for five years from 
the date of such veteran's discharge. Section 501 of Pub. L. 106-117 
authorizes payment of DIC to the survivors of former POWs who died 
after September 30, 1999, and who were continuously rated totally 
disabled due to a service-connected disability for a period of not less 
than one year immediately preceding death. This provision is effective 
November 30, 1999, the date of enactment. This document amends 38 CFR 
3.22, to reflect this change.
    In 1998, Pub. L. 105-178 restored eligibility to DIC to a surviving 
spouse of a veteran if that person's subsequent remarriage had been 
terminated by death or divorce, or if a subsequent relationship had 
been terminated. Eligibility to DIC was restored effective October 1, 
1998. This law restored eligibility only to DIC. Eligibility to 
ancillary benefits--including VA Civilian Health Care and Medical 
Program (CHAMPVA), chapter 35 education, and home loan guaranty 
benefits--was not restored.
    Section 502 of Pub. L. 106-117 restores eligibility to health care 
benefits under 38 U.S.C. chapter 17 (CHAMPVA), education benefits under 
chapter 35, and home loan guaranty benefits under chapter 37 to a 
surviving spouse if his or her remarriage has been terminated by death 
or divorce, or if a surviving spouse has ceased living with another 
person and holding himself or herself out openly to the public as that 
person's spouse. Section 502 states that its changes shall take effect 
on the first day of the first month beginning after the month in which 
the Act is enacted, i.e., December 1, 1999. This document amends 38 CFR 
3.55 to reflect these changes.
    Section 503 of the Act adds bronchiolo-alveolar carcinoma to the 
list of diseases that VA presumes result from exposure to radiation 
during active military service. This provision of the law is effective 
November 30, 1999. This document amends 38 CFR 3.309(d) to reflect 
these changes.
    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. These amendments would not directly affect any small 
entities. Only VA beneficiaries could be directly affected. Therefore, 
pursuant to 5 U.S.C. 605(b), these amendments are exempt from the 
initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

    The Catalog of Federal Domestic Assistance program numbers are 
64.100, 64.101, 64.104, 64.105, 64.106, 64.109, and 64.110.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: June 28, 2000.
Togo D. West, Jr.,
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.


    2. Section 3.22 is amended by:
    A. In paragraph (a)(2)(i), removing the word ``or'' after the semi-
colon at the end of the paragraph.
    B. In paragraph (a)(2)(ii), removing the period at the end of the 
paragraph and adding, in its place, ``; or''.
    C. Adding paragraph (a)(2)(iii) to read as follows:


Sec. 3.22  DIC benefits for survivors of certain veterans rated totally 
disabled at the time of death.

    (a) * * *
    (2) * * *
    (iii) Rated by VA as totally disabling for a continuous period of 
not less than one year immediately preceding death, if the veteran was 
a former prisoner of war who died after September 30, 1999.

(Authority: 38 U.S.C. 1318(b))
* * * * *

    3. Section 3.55 is amended by redesigning paragraphs (a)(4), 
(a)(5), and

[[Page 43700]]

(a)(6) as paragraphs (a)(5), (a)(6) and (a)(8), respectively; and 
adding new paragraphs (a)(4) and (a)(7) to read as follows:


Sec. 3.55  Reinstatement of benefits eligibility based upon terminated 
marital relationships.

    (a) * * *
    (4) On or after December 1, 1999, remarriage of a surviving spouse 
terminated by death, divorce, or annulment, will not bar the furnishing 
of benefits relating to medical care for survivors and dependents under 
38 U.S.C. 1713, educational assistance under 38 U.S.C. chapter 35, or 
housing loans under 38 U.S.C. chapter 37, unless the Secretary 
determines that the divorce or annulment was secured through fraud or 
collusion.

(Authority: 38 U.S.C. 103(d))
* * * * *
    (7) On or after December 1, 1999, the fact that a surviving spouse 
has lived with another person and has held himself or herself out 
openly to the public as the spouse of such other person will not bar 
the furnishing of benefits relating to medical care for survivors and 
dependents under 38 U.S.C. 1713, educational assistance under 38 U.S.C. 
chapter 35, or housing loans under 38 U.S.C. chapter 37 to the 
surviving spouse if he or she ceases living with such other person and 
holding himself or herself out openly to the public as such other 
person's spouse.

(Authority: 38 U.S.C. 103(d)).
* * * * *

    4. Section 3.309 is amended by adding paragraph (d)(2)(xvi) and an 
authority citation after the Note to read as follows:


Sec. 3.309  Disease subject to presumptive service connection.

* * * * *
    (d) * * *
    (2) * * *
    (xvi) Bronchiolo-alveolar carcinoma.
* * * * *

(Authority: 38 U.S.C. 1112(c)(2))

[FR Doc. 00-17901 Filed 7-13-00; 8:45 am]
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