[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51000-51001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19712]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AR22


Extension of the Presumptive Period for Compensation for Persian 
Gulf War Veterans

AGENCY: Department of Veterans Affairs.

ACTION: Interim Final Rule.

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SUMMARY: The Department of Veterans Affairs (VA) is issuing this 
interim final rule to amend its adjudication regulations regarding 
compensation for disabilities resulting from undiagnosed illnesses 
suffered by Veterans who served in the Persian Gulf War. This amendment 
is necessary to extend the presumptive period for qualifying chronic 
disabilities resulting from undiagnosed illnesses that must manifest to 
a compensable degree in order to establish entitlement to disability 
compensation benefits. The intended effect of this amendment is to 
provide consistency in VA adjudication policy, preserve certain rights 
afforded to Persian Gulf War Veterans and ensure fairness for current 
and future Persian Gulf War Veterans.

DATES: 
    Effective date: This interim final rule is effective September 14, 
2021.
    Applicability date: The provisions of this interim final rule shall 
apply to all applications for benefits that are received by VA on or 
after the effective date of this interim final rule or that are pending 
before VA, the United States Court of Appeals for Veterans Claims, or 
the United States Court of Appeals for the Federal Circuit on the 
effective date of this interim final rule.
    Comments due date: Comments must be received on or before October 
14, 2021.

ADDRESSES: Comments may be submitted through www.Regulations.gov. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AR22--Extension of the Presumptive Period for Compensation for 
Persian Gulf War Veterans.'' Comments received will be available at 
www.regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Robert Parks, Chief, Regulations Staff 
(211D), Compensation Service, Veterans Benefits Administration, 810 
Vermont Avenue NW, Washington, DC 20420, (202) 461-9540. (This is not a 
toll-free telephone number.)

SUPPLEMENTARY INFORMATION:

I. Background

    In response to the needs and concerns of Veterans who served in the 
Southwest Asia theater of operations during the Persian Gulf War, 
Congress enacted the Persian Gulf War Veterans' Benefits Act, Title I 
of the Veterans' Benefits Improvement Act of 1994, Public Law 103-446, 
which was codified in relevant part at 38 U.S.C. 1117. This law 
provided authority for the Secretary of Veterans Affairs (Secretary) to 
compensate eligible Persian Gulf War Veterans with a chronic disability 
resulting from an undiagnosed illness. That illness must have become 
manifest either during active duty service in the Southwest Asia 
theater of operations during the Persian Gulf War, or disabling to a 
degree of 10 percent or more during a period determined by the 
Secretary and prescribed by regulation. The Secretary would determine 
this period after reviewing any credible medical or scientific 
evidence, the historical treatment afforded disabilities for which VA 
had established such periods, and other pertinent circumstances 
regarding the experiences of Veterans of the Persian Gulf War.
    As required by Public Law 105-368, the National Academy of Sciences 
(NAS) reviewed, evaluated, and summarized the scientific and medical 
literature for possible association between service in the Southwest 
Asia theater of operations and long-term adverse health effects. 
Following review of NAS reports on Gulf War and Health, volumes 9, 10, 
and 11, VA concludes that the evidence remains inconclusive regarding 
the time of onset of undiagnosed and other illnesses related to Persian 
Gulf War service. (NAS reports are available at http://nationalacademies.org)

II. Extension of Current Deadline

    Currently, military operations in the Southwest Asia theater of 
operations continue. No end date for the Persian Gulf War has been 
established by Congress or the President. See 38 U.S.C. 101(33) 
(defining the term ``Persian Gulf War''). Because scientific 
uncertainty remains as to the cause and time of onset of illnesses 
suffered by Persian Gulf War Veterans and current research studies are 
inconclusive, limiting entitlement to benefits payable under 38 U.S.C. 
1117 due to the expiration of the presumptive period in 38 CFR 
3.317(a)(1)(i) would be premature. If extension of the current 
presumptive period is not implemented, servicemembers whose conditions 
manifest after December 31, 2021, would be substantially disadvantaged 
compared to servicemembers whose conditions manifested at an earlier 
date.
    Therefore, VA is extending the presumptive period in 38 CFR 
3.317(a)(1)(i) for qualifying chronic disabilities that become manifest 
to a degree of 10 percent or more through December 31, 2026 (a period 
of five years), to ensure those benefits established by Congress are 
fairly administered.

Administrative Procedure Act

    The Secretary of Veterans Affairs finds that there is good cause 
under the provisions of 5 U.S.C. 553(b)(B) and (d)(3) to publish this 
rule without prior opportunity for public comment and to publish this 
rule with an immediate effective date. Absent extension of the sunset 
date in the current regulation, VA's authority to provide benefits in 
new claims for qualifying chronic disability in Persian Gulf War 
Veterans will lapse on December 31, 2021. A lapse of such authority 
would be contrary to the public interest because it would have a 
significant adverse impact on veterans disabled due to such 
disabilities. To avoid such impact, VA is issuing this rule as an 
interim final rule, effective upon date of publication. However, VA 
invites public comments on this interim final rule and will fully 
consider and address any comments received.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic,

[[Page 51001]]

environmental, public health and safety effects, and other advantages; 
distributive impacts; and equity). Executive Order 13563 (Improving 
Regulation and Regulatory Review) emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility. The Office of Information and Regulatory 
Affairs has determined that this rule is not a significant regulatory 
action under Executive Order 12866.
    The Regulatory Impact Analysis associated with this rulemaking can 
be found as a supporting document at www.regulations.gov

Regulatory Flexibility Act

    The Secretary hereby certifies that this interim 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 (5 
U.S.C. 601-612).
    Therefore, pursuant to 5 U.S.C. 605(b), the initial and final 
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do 
not apply.

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

Paperwork Reduction Act

    This interim final rule contains no provisions constituting a 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3521).

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this rule are: 64.104, Pension for Non-Service-Connected 
Disability for Veterans; 64.109, Veterans Compensation for Service-
Connected Disability.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Pensions, Veterans.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on July 26, 2021, and authorized the undersigned to sign and 
submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is amended 
as follows:

PART 3--ADJUDICATION

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

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

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


0
2. In Sec.  3.317, paragraph (a)(1)(i) is revised to read as follows:


Sec.  3.317  Compensation for certain disabilities occurring in Persian 
Gulf veterans.

    (a) * * *
    (1) * * *
    (i) Became manifest either during active military, naval, or air 
service in the Southwest Asia theater of operations, or to a degree of 
10 percent or more not later than December 31, 2026; and
* * * * *

(Authority: 38 U.S.C. 1117, 1118).

[FR Doc. 2021-19712 Filed 9-13-21; 8:45 am]
BILLING CODE 8320-01-P