Claims Based on Exposure to Ionizing Radiation

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG71

Claims Based on Exposure to Ionizing Radiation

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) has amended its

adjudication regulations concerning diseases claimed to be the result

of exposure to ionizing radiation. This amendment is necessary to

implement recommendations by the Veterans Advisory Committee on

Environmental Hazards (VACEH) that tumors of the brain and central

nervous system be considered ``radiogenic.'' The intended effect of

this amendment is to add tumors of the brain and central nervous system

to the list of radiogenic diseases for service-connected compensation

purposes.

EFFECTIVE DATE: This amendment is effective September 6, 1994.

FOR FURTHER INFORMATION CONTACT:

Lorna Weston, Consultant, Regulations Staff, Compensation and Pension

Service, Veterans Benefits Administration, Department of Veterans

Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: VA published a proposal to amend 38 CFR

3.311(b)(2) to include tumors of the brain and central nervous system

on the list of diseases VA will recognize as being radiogenic in the

Federal Register of February 11, 1994 (59 FR 6607-08). Interested

persons were invited to submit written comments, suggestions or

objections concerning the proposal on or before April 12, 1994. As no

comments were received, the proposed amendment is adopted without

change.

The Secretary hereby certifies that this regulatory amendment will

not have a significant economic impact on a substantial number of small

entities as they are defined in the Regulatory Flexibility Act (RFA), 5

U.S.C. 601-612. The reason for this certification is that this

amendment would not directly affect any small entities. Only VA

beneficiaries could be directly affected. Therefore, pursuant to 5

U.S.C. 605(b), this amendment is exempt from the initial and final

regulatory flexibility analysis requirements of sections 603 and 604.

The Catalog of Federal Domestic Assistance program numbers are

64.109 and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and procedure, Claims, Health care,

Individuals with disabilities, Pensions, Veterans.

Approved August 17, 1994.

Jesse Brown,

Secretary for Veterans Affairs.

For the reasons set out in the preamble, 38 CFR part 3 is amended

as set forth below:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity

Compensation

1. The authority citation for part 3, subpart A, continues to read

as follows:

Authority: 38 U.S.C. 501(a), unless otherwise noted.

2. In Sec. 3.311(b)(2)(xviii), remove the word ``and''; in

Sec. 3.311(b)(2)(xix), remove the period and add, in its place, the

word ``; and''.

3. In Sec. 3.311(b)(2), add paragraph (xx) to read as follows:

Sec. 3.311 Claims based on exposure to ionizing radiation.

* * * * *

(b) * * *

(2) * * *

(xx) Tumors of the brain and central nervous system.

* * * * *

[FR Doc. 94-21851 Filed 9-2-94; 8:45 am]

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