[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2403]
[[Page Unknown]]
[Federal Register: February 3, 1994]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AG69
Disease Associated With Exposure to Certain Herbicide Agents
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 presumptive service connection for
certain diseases even though there is no record of the disease during
service. This amendment is necessary to implement a decision of the
Secretary of Veterans Affairs under the authority granted by the Agent
Orange Act of 1991 that there is an association between exposure to
herbicides used in the Republic of Vietnam during the Vietnam era and
the subsequent development of Hodgkin's disease and porphyria cutanea
tarda (PCT). The intended effect of this amendment is to establish
presumptive service connection for those conditions based on herbicide
exposure.
EFFECTIVE DATE: This amendment is effective February 3, 1994, as
provided by Public Law 102-4.
FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 233-3005.
SUPPLEMENTARY INFORMATION: VA published a proposal to amend 38 CFR
3.307(a), 3.309(e), and 3.311a to establish presumptive service
connection for Hodgkin's disease and PCT based on exposure to
herbicides in the Federal Register of September 28, 1993 (58 FR 50528-
30). Interested persons were invited to submit written comments,
suggestions or objections concerning the proposal on or before October
28, 1993. Since no comments were received, the proposed amendments are
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, Handicapped, Health
care, Pensions, Veterans.
Approved: January 4, 1994.
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
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. 3.307, the heading and paragraph (a)(6) are revised to
read as follows:
Sec. 3.307 Presumptive service connection for chronic, tropical or
prisoner-of-war related disease, or disease associated with exposure to
certain herbicide agents; wartime and service on or after January 1,
1947.
(a) * * *
(6) Diseases associated with exposure to certain herbicide agents.
(i) For the purposes of this section, the term ``herbicide agent''
means a chemical in an herbicide used in support of the United States
and allied military operations in the Republic of Vietnam during the
Vietnam era, specifically: 2,4-D; 2,4,5-T and its contaminant TCDD;
cacodylic acid; and picloram.
(ii) The diseases listed at Sec. 3.309(e) shall have become
manifest to a degree of 10 percent or more at any time after service,
except that chloracne or other acneform disease consistent with
chloracne and porphyria cutanea tarda shall have become manifest to a
degree of 10 percent or more within a year after the last date on which
the veteran was exposed to an herbicide agent during active military,
naval, or air service.
(iii) A veteran who, during active military, naval, or air service,
served in the Republic of Vietnam during the Vietnam era and has a
disease listed at Sec. 3.309(e) shall be presumed to have been exposed
during such service to an herbicide agent, unless there is affirmative
evidence to establish that the veteran was not exposed to any such
agent during that service. The last date on which such a veteran shall
be presumed to have been exposed to an herbicide agent shall be the
last date on which he or she served in the Republic of Vietnam during
the Vietnam era. ``Service in the Republic of Vietnam'' includes
service in the waters offshore and service in other locations if the
conditions of service involved duty or visitation in the Republic of
Vietnam.
* * * * *
Sec. 3.307 [Amended]
3. In Sec. 3.307(a), the first sentence of the introductory text,
remove the words ``a disease associated with service in the Republic of
Vietnam'' and insert, in their place, the words ``a disease associated
with exposure to certain herbicide agents''.
4. In Sec. 3.309, paragraph (e) is revised to read as follows:
Sec. 3.309 Disease subject to presumptive service connection.
* * * * *
(e) Disease associated with exposure to certain herbicide agents.
If a veteran was exposed to an herbicide agent during active military,
naval, or air service, the following diseases shall be service-
connected if the requirements of Sec. 3.307(a)(6) are met even though
there is no record of such disease during service, provided further
that the rebuttable presumption provisions of Sec. 3.307(d) are also
satisfied.
Chloracne or other acneform disease consistent with chloracne
Hodgkin's disease
Non-Hodgkin's lymphoma
Porphyria cutanea tarda
Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma,
Kaposi's sarcoma, or mesothelioma)
Note: The term ``soft-tissue sarcoma'' includes the following:
Adult fibrosarcoma
Dermatofibrosarcoma protuberans
Malignant fibrous histiocytoma
Liposarcoma
Leiomyosarcoma
Epithelioid leiomyosarcoma (malignant leiomyoblastoma)
Rhabdomyosarcoma
Ectomesenchymoma
Angiosarcoma (hemangiosarcoma and lymphangiosarcoma)
Proliferating (systemic) angioendotheliomatosis
Malignant glomus tumor
Malignant hemangiopericytoma
Synovial sarcoma (malignant synovioma)
Malignant giant cell tumor of tendon sheath
Malignant schwannoma, including malignant schwannoma with
rhabdomyoblastic differentiation (malignant Triton tumor), glandular
and epithelioid malignant schwannomas
Malignant mesenchymoma
Malignant granular cell tumor
Alveolar soft part sarcoma
Epithelioid sarcoma
Clear cell sarcoma of tendons and aponeuroses
Extraskeletal Ewing's sarcoma
Congenital and infantile fibrosarcoma
Malignant ganglioneuroma
Sec. 3.311a [Removed]
Sec. 3.311b [Redesignated as Sec. 3.311]
5. Section 3.311a is removed and Sec. 3.311b is redesignated as
Sec. 3.311.
[FR Doc. 94-2403 Filed 2-2-94; 8:45 am]
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