[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40525-40526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16812]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AO22
Dependency and Indemnity Compensation (DIC) Benefits for
Survivors of Former Prisoners of War Rated Totally Disabled at Time of
Death
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
adjudication regulation regarding benefits for survivors of former
prisoners of war who were rated totally disabled at the time of death.
This amendment is necessary to conform the regulation to the
authorizing statutory provision. The effect of this amendment is to
liberalize the eligibility criteria for dependency and indemnity
compensation (DIC) based on the death of a former prisoner of war whose
service-connected disabilities had been continuously rated totally
disabling for at least 1 year when he or she died.
DATES: Effective Date: This final rule is effective July 10, 2012.
Applicability Date: This final rule applies to an application for
dependency and indemnity compensation that:
Is received by VA on or after October 1, 2011;
Was received by VA before October 1, 2011, but had not
been decided by a VA regional office as of that date;
Is appealed to the Board of Veterans' Appeals (Board) on
or after October 1, 2011;
[[Page 40526]]
Was appealed to the Board before October 1, 2011, but had
not been decided by the Board as of that date; or
Is pending before VA on or after October 1, 2011, because
the Court of Appeals for Veterans Claims vacated a Board decision on
the application and remanded it for readjudication.
FOR FURTHER INFORMATION CONTACT: Nancy A. Copeland, Consultant,
Regulations Staff (211D), Compensation Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 461-9685. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: DIC is a monthly benefit generally payable
to the surviving spouse or child of a veteran who died in line of duty
during active service or as a result of a service-connected disability.
Under 38 U.S.C. 1318, however, DIC is payable to the surviving spouses
or children of certain other deceased veterans. Specifically, until
recently section 1318(b)(3) authorized payment to those survivors of a
former prisoner of war who died after September 30, 1999, while
entitled to compensation for a service-connected disability
continuously rated totally disabling for a period of not less than 1
year immediately preceding death.
Section 603(a) of the Veterans' Benefits Act of 2010, Public Law
111-275, 124 Stat. 2864, 2885, amended 38 U.S.C. 1318(b)(3) by removing
the requirement that a former prisoner of war have died after September
30, 1999, for DIC to be payable under 38 U.S.C. 1318(b)(3).
Accordingly, VA is removing the language ``who died after September 30,
1999'' from its implementing regulation.
In order to conform the adjudication regulation with the statutory
provision, VA is amending 38 CFR 3.22(a)(2)(iii) by eliminating the
language ``who died after September 30, 1999.'' The statutory amendment
was effective October 1, 2011. Public Law 111-275, sec. 603(b), 124
Stat. at 2885.
Administrative Procedure Act
The Secretary of Veterans Affairs finds, in accordance with 5
U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), that this
final rule merely incorporates statutory provisions. Therefore, the
procedures of the APA regarding notice of proposed rulemaking and
opportunities for public participation are unnecessary. Further,
pursuant to section 553(d)(1), as a substantive rule which merely
relieves a restriction, this final rule is exempt from the APA's 30-day
delayed effective date requirement.
Paperwork Reduction Act
This document contains no provisions constituting a new collection
of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this 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 would not affect any small entities. Only VA
beneficiaries could be directly affected. Therefore, pursuant to 5
U.S.C. 605(b), this rule is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by the Office
of Management and Budget (OMB), as ``any regulatory action that is
likely to result in a rule that may: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
The economic, interagency, budgetary, legal and policy implications
of this rule have been examined, and it has been determined not to be a
significant regulatory action under Executive Order 12866 because it is
merely a restatement of the statute.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any year. This rule would have no such effect on State,
local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Numbers and Titles
The Catalog of Federal Domestic Assistance program numbers and
titles for this rule are 64.109, Veterans Compensation for Service-
Connected Disability; 64.110; Veterans Dependency and Indemnity
Compensation for Service-Connected Death.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document 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. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on May 21, 2012, for publication.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Dated: July 5, 2012.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of General
Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, VA is amending 38 CFR part
3 as follows:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A, continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
Sec. 3.22 [Amended]
0
2. Amend Sec. 3.22, paragraph (a)(2)(iii) by removing ``who died after
September 30, 1999''.
[FR Doc. 2012-16812 Filed 7-9-12; 8:45 am]
BILLING CODE 8320-01-P