[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Rules and Regulations]
[Page 33575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13592]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AL60


Sensori-Neural Aids

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends Department of Veterans Affairs (VA) 
medical regulations concerning sensori-neural aids. An existing 
regulation authorizes VA to provide sensori-neural aids (i.e., 
eyeglasses, contact lenses, hearing aids) to seven specific groups of 
veterans identified in the regulation. The first four groups consist of 
veterans with the highest priority for care under VA's enrollment 
system, generally those with compensable service-connected 
disabilities, former prisoners of war, and those receiving increased VA 
pension based on their being housebound or in need of regular aid and 
attendance. Since this rule was first published, Congress changed the 
law to provide that veterans awarded the Purple Heart should have 
priority equal to former prisoners of war under VA's enrollment system. 
The intended effect of this final rule is to amend the regulation to 
allow veterans in receipt of a Purple Heart to receive sensori-neural 
aids.

DATES: Effective Date: July 16, 2004.

FOR FURTHER INFORMATION CONTACT: Frederick Downs, Jr., Chief 
Consultant, Prosthetics and Sensory Aids Service Strategic Healthcare 
Group (113), Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420, (202) 273-8515. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on July 31, 2003 (68 FR 44913) VA published a proposed rule 
amending VA's medical regulations at 38 CFR Part 17 to allow veterans 
in receipt of a Purple Heart to receive sensori-neural aids. VA 
provided a 60-day comment period that ended on September 29, 2003. VA 
received one comment, in which the commenter expressed support for the 
amended regulation. No changes are made based on this comment.
    Based on the rationale set forth in the proposed rule and this 
document, VA is adopting the provisions of the proposed rule as a final 
rule without change. The authority for the rule has been revised 
because Congress changed the authority for the regulation.

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 
such effect on State, local, or tribal governments, or the private 
sector.

Paperwork Reduction Act

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

Regulatory Flexibility Act

    The Secretary of Veterans Affairs (VA) 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. This amendment will 
affect only veterans receiving certain VA benefits and does not affect 
any small entities. 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.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this document are 64.005, 64.007, 64.008, 64.009, 64.010, 
64.011, 64.012, 64.013, 64.014, 64.015, 64.016, 64.018, 64.019, 64.022, 
and 64.025.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs-health, Grant programs-veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing homes, Philippines, Reporting 
and recordkeeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

    Approved: May 3, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.

0
For the reasons set out in the preamble, 38 CFR part 17 is amended as 
set forth below:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.


0
2. Section 17.149 is amended by:
0
a. Redesignating paragraphs (b)(3) through (b)(7) as paragraphs (b)(4) 
through (b)(8), respectively; and
0
b. Adding a new paragraph (b)(3).
0
c. Revising the authority citation at the end of the section.
    The addition and revision read as follows:


Sec.  17.149  Sensori-neural aids.

* * * * *
    (b) * * *
    (3) Those awarded a Purple Heart;
* * * * *
(Authority: 38 U.S.C. 501, 1707(b))

[FR Doc. 04-13592 Filed 6-15-04; 8:45 am]
BILLING CODE 8320-01-P