[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42602-42603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18233]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AL36


Presumption of Service Connection for Cirrhosis of the Liver in 
Former Prisoners of War

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations concerning presumptive service connection for 
certain diseases by adding cirrhosis of the liver to the list of 
diseases for which entitlement to service connection is presumed for 
former prisoners of war (POWs). The intended effect is to make it 
easier for former POWs to obtain compensation benefits for cirrhosis 
based on scientific and medical research showing a higher risk of death 
from cirrhosis in former WWII POWs than in the general population.

DATES: Effective Date: July 18, 2003.

FOR FURTHER INFORMATION CONTACT: Beth McCoy, Consultant, Regulations 
Staff, Compensation and Pension Service (211A), Veterans Benefits 
Administration, Department of Veterans Affairs, 111 W. Huron St, 
Buffalo, NY 14202, (716) 551-4842.

SUPPLEMENTARY INFORMATION: In a document published in the Federal

[[Page 42603]]

Register on February 10, 2003 (68 FR 6679), we proposed to amend the VA 
adjudication regulations to add cirrhosis of the liver to the list of 
diseases for which entitlement to service connection is presumed for 
former POWs under 38 CFR 3.309(c).
    We asked interested persons to submit comments on or before April 
11, 2003. We received no comments. Based on the rationale set forth in 
the proposed rule, we are adopting the proposed rule as a final rule 
without change.

Administrative Procedures Act

    Because this rule solely provides for a new benefit it is not 
subject to the effective date provisions of 5 U.S.C. 553.

Paperwork Reduction Act of 1995

    This rule contains no provisions constituting collections of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

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, 5 
U.S.C. 601-612. The reason for this certification is that this 
amendment will not directly affect any small entities. 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 
flexibility analysis requirements of sections 603 and 604.

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 rule will have no such 
effect on State, local, or tribal governments, or the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number is 64.109.

List of Subjects in 38 CFR Part 3

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

    Approved: July 2, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.

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For the reasons set forth in the preamble, VA amends 38 CFR part 3 as 
follows:

PART 3-ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

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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.  3.309  [Amended]

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2. Section 3.309(c) is amended by adding ``Cirrhosis of the liver.'' 
following ``Peripheral neuropathy except where directly related to 
infectious causes.'' and before the explanatory note.

[FR Doc. 03-18233 Filed 7-17-03; 8:45 am]
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