Claims Based on Exposure to Ionizing Radiation (Lymphomas Other Than Hodgkin's Disease and Cancer of the Rectum)

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG99

Claims Based on Exposure to Ionizing Radiation (Lymphomas Other

Than Hodgkin's Disease and Cancer of the Rectum)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs

adjudication regulations concerning diseases claimed to be the result

of exposure to ionizing radiation. This amendment is necessary to

implement a decision by the Secretary of Veterans Affairs that

lymphomas other than Hodgkin's disease and cancer of the rectum are

``radiogenic.'' The intended effect of this amendment is to add these

conditions to the list of radiogenic diseases for service-connected

compensation purposes.

EFFECTIVE DATE: October 13, 1995.

FOR FURTHER INFORMATION CONTACT: Lorna Weston, Consultant, Regulations

Staff, Compensation and Pension Service, Veterans Benefits

Administration, (202) 273-7210.

SUPPLEMENTARY INFORMATION: On November 25, 1994, VA published a

proposal in the Federal Register to amend 38 CFR 3.311 (b)(2) to add

lymphomas other than Hodgkin's disease and rectal cancer to the list of

diseases VA will recognize as radiogenic for purposes of service

connection based on exposure to ionizing radiation.

By adding lymphomas other than Hodgkin's disease and cancer of the

rectum to the list of radiogenic diseases in paragraph (b)(2), this

amendment relieves claimants suffering from those conditions from

having to establish that they may be induced by ionizing radiation.

We requested that written comments to the proposed rule be

submitted on or before January 24, 1995. We received one comment from

the Raleigh Research Director for the Clean Water Fund of North

Carolina.

The comment expressed support for the amendment to enlarge the list

of radiogenic diseases and suggested that since radiation exposure may

lead to development of diseases other than those VA recognizes as

radiogenic, claims for any cancer as a result of radiation exposure

should be regarded as highly credible.

The issue of the exclusivity of the list of diseases at 38 CFR

3.311(b)(2) has been addressed in a separate amendment to Sec. 3.311(b)

which was published in the Federal Register on

[[Page 53277]]

February 21, 1995. (See 60 FR 9627-28) That amendment provides that if

a claimant files a claim based on a disease other than one of those

listed in 38 CFR 3.311 (b)(2) or (b)(3), but cites or submits competent

scientific or medical evidence that the claimed condition is a

radiogenic disease, the claim will be considered under the provisions

of Sec. 3.311.

VA appreciates the comment submitted in response to the proposed

rule which is now adopted without change.

The Secretary certifies that this 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. This rule will directly affect VA beneficiaries but will not

affect small businesses. Therefore, pursuant to 5 U.S.C. 605(b), this

final rule is exempt from the initial and final regulatory flexibility

analysis requirements of sections 603 and 604.

This final rule has been reviewed by the Office of Management and

Budget under E.O. 12866.

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: May 17, 1995.

Jesse Brown,

Secretary of 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)(xix), the word ``and'' is removed; in

Sec. 3.311(b)(2)(xx), the period is removed and, in its place, a

``semicolon'' is added.

3. In Sec. 3.311, paragraphs (b)(2)(xxi) and (xxii) are added to

read as follows:

Sec. 3.311 Claims based on exposure to ionizing radiation.

* * * * *

(b) * * *

(2) * * *

(xxi) Cancer of the rectum; and

(xxii) Lymphomas other than Hodgkin's disease.

* * * * *

[FR Doc. 95-25374 Filed 10-12-95; 8:45 am]

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