# Claims Based on Exposure to Ionizing Radiation

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-21851

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** September 6, 1994

## Text

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]
BILLING CODE 8320-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-21851. Public record. Not legal advice.