[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Proposed Rules]
[Pages 48689-48690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23021]


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

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AM74


Definition of Service in the Republic of Vietnam

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

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

SUMMARY: In a document published in the Federal Register on April 16, 
2008, the Department of Veterans Affairs (VA) proposed to amend its 
adjudication regulations regarding the definition of ``service in the 
Republic of Vietnam.'' This document withdraws that proposed rule.

DATES: The proposed rule published at 73 FR 20566 on April 16, 2008, is 
withdrawn as of September 24, 2009.

FOR FURTHER INFORMATION CONTACT: Nancy Copeland, Regulations Staff 
(211D), Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 461-9685. (This is not a toll-free 
number.)

SUPPLEMENTARY INFORMATION: This rulemaking was initiated to respond to 
a decision rendered by the U. S. Court of Appeals for Veterans Claims 
(CAVC) in Haas v. Nicholson, 20 Vet. App. 257 (2006). While the comment 
period for the proposed rule was pending, the United States Court of 
Appeals for the Federal Circuit (Federal Circuit) decided Haas v. 
Peake, 525 F.3d 1168 (Fed. Cir. 2008). The Federal Circuit reversed and 
remanded the CAVC decision. The Federal Circuit found that VA's 
requirement that a claimant had been present within the land borders of 
Vietnam at some point in the course of his/her duty constitutes a 
permissible interpretation of 38 U.S.C. 1116, and affirmed that the 
language used in its implementing regulation, 38 CFR 3.307(a)(6)(iii), 
may be interpreted as stating such an interpretation. A petition for a 
writ of certiorari by the U.S. Supreme Court was denied. Haas v. Peake, 
cert. denied, 129 S.Ct. 173 No. 08-525, 2009 WL 129302 (U.S. Jan. 21, 
2009). There is no longer a need to revise Sec.  3.307(a)(6)(iii), or 
the regulations that use identical language to define service in the 
Republic of Vietnam (38 CFR 3.814 and 3.815). Thus, VA is withdrawing 
the proposed rule.


[[Page 48690]]


    Approved: August 26, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
[FR Doc. E9-23021 Filed 9-23-09; 8:45 am]
BILLING CODE P