[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Page 51224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13010]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 8


Processing Claims Under the 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 modification 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). VA began 
processing PACT Act-related claims on January 1, 2023, and provided 
sub-regulatory guidance while it drafts regulations to implement the 
PACT Act. The sub-regulatory guidance is now being updated to reflect 
recent policy changes.

DATES: June 17, 2024.

FOR FURTHER INFORMATION CONTACT: Carla Ryan, Assistant Director, 
Military Exposures Team, 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. In the interim, VA has provided sub-regulatory guidance to 
claims processors in the form of a Policy Letter. The Policy Letter was 
included as a supporting document to the Federal Register Notification 
published on December 22, 2022 (87 FR 78543). As discussed below, the 
Policy Letter is hereby revised. The revised Policy Letter can be found 
as a supporting document at https://www.regulations.gov.

I. Background

    On August 10, 2022, the 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, also expands the 
list of locations eligible for a presumption of exposure to radiation, 
expands the list of conditions subject to presumptions of service 
connection associated with herbicide exposure, amends the statute 
involving certain benefits for Persian Gulf War Veterans, establishes 
presumptions of service connection for 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.
    VA currently is drafting regulations to implement the PACT Act and 
to address any gaps and ambiguity in the statutory language. Due to the 
time required to promulgate regulations, VA implemented the law and 
began processing PACT Act-related claims on January 1, 2023, based on 
the sub-regulatory guidance contained in the Policy Letter issued in 
December 2022.

II. Update

    The Policy Letter has been revised to (1) clarify that under 38 
U.S.C. 1168(b) a medical examination and opinion is not warranted where 
the only participation in a toxic exposure risk activity (TERA) that is 
established is based on an entry in an exposure tracking record system, 
such as the Individual Longitudinal Exposure Record (ILER), that does 
not corroborate or substantiate potential exposure to toxic substances, 
chemicals, or airborne hazards in service; (2) add breast cancer as a 
disease that the Secretary has determined has no indication of an 
association with herbicide exposure, so it is included on the list of 
conditions not warranting a medical examination and opinion under 38 
U.S.C. 1168 when the only TERA is related to herbicide exposure; (3) 
remove renal cancer (kidney and renal pelvis) from the list of 
conditions established pursuant to 38 U.S.C. 1168(b) for which a 
medical examination and opinion is not warranted when the only TERA is 
related to herbicide exposure; (4) indicate that the expanded list of 
locations eligible for a presumption of radiation exposure under 
sections 401 and 402 of the PACT Act have been added to VA regulations; 
(5) specify that for entitlement to spina bifida benefits under 38 
U.S.C. 1822, covered service in Thailand means service in Thailand at 
any United States or Royal Thai base during the period beginning on 
January 9, 1962, and ending on May 7, 1975, without regard to where on 
the base the Veteran was located or what military job specialty the 
Veteran performed; (6) add male breast cancer, urethral cancer, and 
cancer of the paraurethral glands as reproductive cancers under section 
406 of the PACT Act; (7) remove references to ``Lymphomatic cancer of 
any type'' due to a recent law change under the National Defense 
Authorization Act for Fiscal Year 2023; and (8) make non-substantive 
edits for clarity. The revised Policy Letter allows VA to better 
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.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved and signed 
this document on June 7, 2024, 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.

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
General Counsel, Department of Veterans Affairs.
[FR Doc. 2024-13010 Filed 6-14-24; 8:45 am]
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