Rule2024-13010
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
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
June 17, 2024
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). 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.
Full Text
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<title>Federal Register, Volume 89 Issue 117 (Monday, June 17, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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]
BILLING CODE 8320-01-P
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