Rule2022-27861
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 22, 2022
Issuing agencies
Veterans Affairs Department
Abstract
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).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 245 (Thursday, December 22, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27861]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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
</pre></body>
</html>Indexed from Federal Register on December 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.