[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Rules and Regulations]
[Pages 11481-11483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5862]


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

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AN03


The Dr. James Allen Veteran Vision Equity Act of 2007

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

[[Page 11482]]

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations regarding special monthly compensation and 
compensation for paired organs. These amendments are necessary because 
the statutes on which the regulations are based have been amended. The 
intended effect of these amendments is to incorporate relevant 
statutory provisions from the Dr. James Allen Veteran Vision Equity Act 
of 2007.

DATES: Effective Date: These amendments are effective March 18, 2009.
    Applicability Date: This final rule will apply to applications for 
benefits filed with VA on or after December 26, 2007. This final rule 
will also apply to applications for benefits filed before December 26, 
2007, but pending before VA as of December 26, 2007.

FOR FURTHER INFORMATION CONTACT: Gerald Johnson, Regulations Staff 
(211D), Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 1800 G Street, NW., 
Washington, DC 20420, (202) 461-9727.

SUPPLEMENTARY INFORMATION: Section 1114 of title 38, United States 
Code, prescribes the rates of compensation payable for service-
connected disability, depending on the percentage disabilty rating 
assigned by VA or on the presence of various combinations of service-
connected disabilities. One of the criteria for the rate of special 
monthly compensation prescribed by section 1114(o) was ``service-
connected total blindness with 5/200 visual acuity or less.'' Section 
101 of the Dr. James Allen Veteran Vision Equity Act of 2007, Public 
Law 110-157 (the Act), changed that threshold visual acuity of ``5/
200'' to ``20/200.''
    Section 1160(a) of title 38, United States Code, requires VA to pay 
compensation for certain combinations of service-connected and non-
service-connected disabilities of paired organs or extremities as if 
both disabilities were service connected, provided the non-service-
connected disability is not the result of the veteran's own willful 
misconduct. One of those combinations of disability was service-
connected ``blindness'' in one eye and non-service-connected 
``blindness'' in the other eye. Section 102 of the Act changed the word 
``blindness'' to ``impairment of vision'' and added the criteria that 
the visual impairment in each eye be rated at visual acuity of 20/200 
or less or that the peripheral field of vision for each eye be 20 
degrees or less.
    Pursuant to the Act, this document amends 38 CFR 3.350, Special 
monthly compensation ratings, and 38 CFR 3.383, Special consideration 
for paired organs and extremities, to reflect the statutory changes. We 
are amending Sec.  3.350(e)(1)(iii) by replacing ``5/200'' with ``20/
200.'' We are amending Sec.  3.383(a)(1) by replacing the word 
``blindness'' in both places it appears with the term ``impairment of 
vision'' and adding the two additional statutory criteria.

Administrative Procedure Act

    Because these substantive amendments merely reflect statutory 
changes, this rulemaking is exempt from the notice-and-comment and 
delayed-effective-date requirements of 5 U.S.C. 553. Use of those 
procedures would be unnecessary and contrary to the public interest.

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 initial and final regulatory flexibility analysis requirements 
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, are not applicable to this rule because a notice of proposed 
rule-making is not required for this rule. Even so, 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. This final rule would not 
affect any small entities. Only individual VA beneficiaries would 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

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (OMB), unless OMB waives such 
review, as any regulatory action that is likely to result in a rule 
that may: (1) Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    VA has examined the economic, interagency, budgetary, legal, and 
policy implications of this final rule and has concluded that it is not 
a significant regulatory action under Executive Order 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule would have no such effect 
on State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program number and title 
for this rule is 64.109, Veterans Compensation for Service-Connected 
Disability.

List of Subjects in 38 CFR Part 3

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

    Approved: February 24, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

0
For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR Part 3 as set forth below:

PART 3--ADJUDICATION

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

0
1. The authority citation for part 3, subpart A continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

[[Page 11483]]

Sec.  3.350  [Amended]

0
2. Amend Sec.  3.350(e)(1)(iii) by removing ``5/200'' and adding, in 
its place, ``20/200''.
0
3. Revise Sec.  3.383(a)(1) and the sectional authority citation to 
read as follows:


Sec.  3.383  Special consideration for paired organs and extremities.

    (a) * * *
    (1) Impairment of vision in one eye as a result of service-
connected disability and impairment of vision in the other eye as a 
result of non-service-connected disability and
    (i) The impairment of vision in each eye is rated at a visual 
acuity of 20/200 or less; or
    (ii) The peripheral field of vision for each eye is 20 degrees or 
less.
* * * * *

    Authority: 38 U.S.C. 501(a), 1160.

 [FR Doc. E9-5862 Filed 3-17-09; 8:45 am]
BILLING CODE 8320-01-P