[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Rules and Regulations]
[Pages 6038-6039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02176]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AR22
Extension of the Presumptive Period for Compensation for Gulf War
Veterans
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) amends 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 become manifest to a compensable degree
in order for entitlement for disability compensation to be established.
The intended effect of this amendment is to provide consistency in VA
adjudication policy and preserve certain rights afforded to Persian
Gulf War veterans and to ensure fairness for current and future Persian
Gulf War veterans.
DATES:
Effective date: This final rule is effective February 3, 2022.
Applicability date: The provisions of this final rule shall apply
to all applications for benefits that are received by VA on or after
the effective date of this 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 final rule.
FOR FURTHER INFORMATION CONTACT: Bryant Coleman, Regulations Staff
(211D), Compensation Service, Veterans Benefits Administration, 810
Vermont Avenue NW, Washington, DC 20420, (202) 461-9700. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On September 14, 2021, VA published an
interim final rule in the Federal Register at 86 FR 51000 to amend its
adjudication regulation 38 CFR 3.317 regarding compensation for
disabilities suffered by veterans who served in the Southwest Asia
Theater of Operations during the Persian Gulf War. This amendment is
necessary to extend the presumptive period during which disabilities
associated with undiagnosed illnesses and medically unexplained chronic
multi-symptom illnesses must become manifest in order for a veteran to
be eligible for compensation. To
[[Page 6039]]
effectuate this rule, under 38 CFR 3.317(a)(1)(i), VA replaced the
phrase ``not later than December 31, 2021'' with ``not later than
December 31, 2026.''
Under the provisions of 5 U.S.C. 553(b)(B) and (d)(3) the Secretary
of Veterans Affairs found that there was good cause to publish this
rule without prior opportunity for public comment. Had VA not extended
the sunset date for the regulation, its authority to provide benefits
in new claims for qualifying chronic disability in Gulf War veterans
would have lapsed on December 31, 2021. A lapse of such authority would
have been contrary to the public interest because it would have had a
significant adverse impact on veterans disabled due to such
disabilities. To avoid such impact, VA issued this rule as an interim
final rule. However, VA invited interested persons to submit written
comments on or before October 14, 2021, and received seven comments in
response to the interim final rule. These comments are discussed below.
General Comments
Three commenters referenced their poor health concerns or the poor
health concerns of a family member. While VA sympathizes with anyone
suffering from a debilitating disability and/or disease, the scope of
this rule only addresses the deadline for the manifestation of
presumptive conditions. VA makes no changes based on these comments.
One commenter suggested the regulation should contain VA's
definition of Southwest Asia. This rule merely extends the presumption
period in 38 CFR 3.317, and that section already contains VA's
definition of the Southwest Asia theater of operations (in 38 CFR
3.317(e)(2)). VA makes no changes based on this comment.
One commenter suggested that since no end date for the Persian Gulf
War has been established by Congress, any deadline is premature.
However, this rule does not impose a deadline; it extends the
presumptive period during which disabilities associated with
undiagnosed illnesses and medically unexplained chronic multi-symptom
illnesses must become manifest in order for a veteran to be eligible
for compensation based on the presumption. VA makes no changes based on
this comment.
VA received two non-substantive comments. VA makes no changes based
on these comments.
As VA makes no changes based on the comments received, this
document adopts as a final rule the interim final rule published in the
Federal Register on September 14, 2021.
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, 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 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). There are no small entities involved with the process and/or
benefits associated with the rulemaking. 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 final rule will have no such effect on
state, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This 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 Assitance 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 January 19, 2022, 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.
0
For the reasons set forth in the preamble, the Department of Veterans
Affairs adopts the interim rule published September 14, 2021, at 86 FR
51000, as final without change.
[FR Doc. 2022-02176 Filed 2-2-22; 8:45 am]
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