Rule2021-19712
Extension of the Presumptive Period for Compensation for Persian Gulf War Veterans
Primary source
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Published
September 14, 2021
Effective
September 14, 2021
Issuing agencies
Veterans Affairs Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.Regulations.gov">www.Regulations.gov</a>.
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 <a href="http://nationalacademies.org">http://nationalacademies.org</a>)
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
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