[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Rules and Regulations]
[Pages 78979-78980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32625]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK98


Extension of the Presumptive Period for Compensation for Gulf War 
Veterans' Undiagnosed Illnesses

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document affirms an amendment to the Department of 
Veterans Affairs (VA) adjudication regulations regarding compensation 
for disabilities resulting from undiagnosed illnesses suffered by 
Persian Gulf War veterans. The amendment extends the period within 
which such disabilities must become manifest to a compensable degree in 
order for entitlement for compensation to be established. The amendment 
ensures 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: December 27, 2002.

[[Page 78980]]


FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Regulations Staff, 
Compensation and Pension Service, Veterans Benefits Administration, 810 
Vermont Avenue, NW., Washington, DC 20420, telephone (202) 273-7213.

SUPPLEMENTARY INFORMATION: Regulations to establish the framework 
necessary for the Secretary to pay compensation under the authority 
granted by the ``Persian Gulf War Veterans'' Benefits Act of 1994,'' 
title I of Public Law 103-446, are set forth in 38 CFR 3.117. Under 
these regulations, VA may pay compensation for disability resulting 
from an undiagnosed illness becoming manifest to a compensable degree 
in a Persian Gulf War veteran within a specified presumptive period. An 
interim final rule extending the presumptive period through December 
31, 2006, was published on November 9, 2001 (66 FR 56614-615).
    We provided a 60-day comment period that ended January 8, 2002. We 
received no comments. Based on the rationale set forth in the interim 
final rule we now affirm as a final rule the extension of the 
presumptive period made by the interim final rule.

Paperwork Reduction Act

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

Administrative Procedure Act

    This document affirms without any changes an amendment made by an 
interim final rule that is already in effect. Accordingly, we have 
concluded under 5 U.S.C. 553 that there is good cause for dispensing 
with a delayed effective date based on the conclusion that such 
procedure is impracticable, unnecessary, and contrary to the public 
interest.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector of 
$100 million or more in any given year. This final rule would have no 
consequential effect on State, local, or tribal governments, nor will 
it impose costs on the private sector.

Regulatory Flexibility Act

    The Secretary hereby 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 (RFA), 5 U.S.C. 
601-612. Only VA beneficiaries could be directly affected. 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.

Executive Order 12866

    This final rule has been reviewed by OMB under Executive Order 
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, Vietnam.

    Approved: October 24, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

PART 3--ADJUDICATION

    Accordingly, the interim rule amending 38 CFR part 3 which was 
published at 66 FR 56614 on November 9, 2001, is adopted as a final 
rule without change.

[FR Doc. 02-32625 Filed 12-26-02; 8:45 am]
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