[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Rules and Regulations]
[Pages 49584-49585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19329]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AL21


Duty Periods; Inactive Duty for Training

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
adjudication regulations regarding service connection for disabilities 
incurred or aggravated during inactive duty for training. This 
amendment is necessary to insure the regulations accurately reflect a 
statutory amendment.

DATES: Effective Date: July 31, 2002.

FOR FURTHER INFORMATION CONTACT: Randy A. McKevitt, Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone (202) 273-7138.

SUPPLEMENTARY INFORMATION: VA is amending its adjudication regulations 
regarding service connection for disabilities incurred or aggravated 
during inactive duty for training. The regulation amending 38 CFR 3.6 
to implement Public Law 106-419, November 1, 2000, Veterans Benefits 
and Health Care Improvement Act of 2000, used wording slightly 
different from the wording of the Act. We are amending the regulation 
to accurately reflect the wording of the Act.

Administrative Procedure Act

    We are publishing this as a final rule because the amendment only 
restates the statute and makes no substantive changes in the 
regulation. (5 U.S.C. 553).

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Regulatory Flexibility Act

    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.

[[Page 49585]]

Catalog of Federal Domestic Assistance

    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, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: July 3, 2002.
Anthony J. Principi,
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 3.6 is amended by:
    A. Removing paragraphs (a)(1) through (a)(3).
    B. In paragraph (a), removing ``a covered disease which occurred 
during such training. For purposes of this section, the term `covered 
disease' is limited to-'', and adding, in its place, ``an acute 
myocardial infarction, a cardiac arrest, or a cerebrovascular accident 
which occurred during such training.''
    C. Adding paragraph (e)(3) preceding the authority citation at the 
end of the section.
    The addition reads as follows:


Sec. 3.6  Duty periods.

* * * * *
    (e) * * *
    (3) For purposes of this section, the term covered disease means 
any of the following:
    (i) An acute myocardial infarction.
    (ii) A cardiac arrest.
    (iii) A cerebrovascular accident.

[FR Doc. 02-19329 Filed 7-30-02; 8:45 am]
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