[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78543-78544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27861]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3


Processing Claims, Sergeant First Class Heath Robinson Honoring 
Our Promise To Address Comprehensive Toxics Act of 2022, or the 
Honoring Our PACT Act of 2022

AGENCY: Department of Veterans Affairs.

ACTION: Notification of sub-regulatory guidance.

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SUMMARY: On August 10, 2022, the President signed the Sergeant First 
Class Heath Robinson Honoring our Promise to Address Comprehensive 
Toxics Act of 2022, or the Honoring our PACT Act of 2022 (PACT Act) 
into law, establishing substantial legislative changes in laws 
administered by the Department of Veterans Affairs (VA).

DATES: VA anticipates that the processing of PACT Act-related claims 
will begin on January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Jessica Pierce, Assistant Director, 
Policy Staff, Compensation Service, Department of Veterans Affairs, 810 
Vermont Avenue NW, Washington, DC, 202-461-9700. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: VA is drafting regulations to implement the 
PACT Act. Prior to the promulgation of those regulations, VA is 
providing sub-regulatory guidance to claims processors in the form of a 
Policy Letter. The Policy Letter, as it will be provided to claims 
processors, can be found as a supporting document at https://www.regulations.gov.
    On August 10, 2022, Public Law 117-168, the Sergeant First Class 
Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act 
of 2022, or the Honoring our PACT Act of 2022, was signed into law. 
This historic, multifaceted law, which triggers changes to disability 
compensation examination requirements when there is evidence a Veteran 
has participated in a toxic exposure risk activity, expands presumptive 
locations associated with radiation exposure, expands presumptive 
conditions and locations associated with herbicide exposure, amends the 
statute involving certain benefits for Persian Gulf War Veterans, 
establishes presumptive conditions associated with exposure to burn 
pits and other toxins, and provides an avenue for a claimant-elected 
reevaluation of previously denied dependency and indemnity compensation 
(DIC) claims that can result in retroactive effective dates for 
benefits.
    Although the PACT Act does not explicitly require VA to implement 
its provisions through regulations, VA currently is drafting 
regulations to codify the statutory changes in regulation and to 
address any gaps and ambiguity in the statutory language. Due to the 
time required to promulgate regulations, VA will implement the law and 
begin processing PACT Act-related claims on January 1, 2023, based on 
the sub-regulatory guidance contained in the Policy Letter associated 
with this Notice. The issuance of this Policy Letter has the benefit of 
allowing VA to operationalize the PACT Act and deliver earned benefits 
to Veterans and their dependents as quickly as possible while 
simultaneously continuing efforts to promulgate the implementing 
regulations. Nothing in this guidance affects or alters section 804 of 
the Camp Lejeune Justice Act of 2022.
    The PACT Act contains nine titles, each containing multiple 
sections. Not all titles and sections impact compensation, pension and/
or death benefits, as the law also addresses matters such as the 
expansion of health care eligibility and requirements for research 
studies. This Policy Letter focuses on the titles and sections that 
impact eligibility for disability compensation and survivor benefits. 
The Policy Letter provides guidance to claims processors for 
implementing the provisions of sections 102, 203, 204, 302, 303, 401, 
402, 403, 404, 405 and 406 of this law.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on November 15, 2022, and authorized the undersigned to sign 
and submit the document to the Office of the Federal Register for 
publication

[[Page 78544]]

electronically as an official document of the Department of Veterans 
Affairs.

Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy & 
Management, Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2022-27861 Filed 12-21-22; 8:45 am]
BILLING CODE 8320-01-P