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VA RIN: 2900-AP43 Publication ID: Spring 2019 
Title: Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicides  
Abstract:

The Department of Veterans Affairs (VA) is adopting as final an interim final rule published on June 19, 2015, to amend its adjudication regulation governing individuals presumed to have been exposed to certain herbicides. Specifically, VA expanded the regulation to include an additional group consisting of individuals who performed service in the Air Force or Air Force Reserve under circumstances in which they had regular and repeated contact with C-123 aircraft known to have been used to spray an herbicide agent (Agent Orange) during the Vietnam era. In addition, the regulation established a presumption that members of this group who later develop an Agent Orange presumptive condition were disabled during the relevant period of service, thus establishing that service as active military, naval, or air service. The effect of this action is to presume herbicide exposure for these individuals and to create a presumption that the individuals who are presumed exposed to herbicides during reserve service also meet the statutory definition of veteran (hereinafter, veteran status) for VA purposes and eligibility for some VA benefits.

 
Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Fully or Partially Exempt 
CFR Citation: 38 CFR 3.307   
Legal Authority: 38 U.S.C. 501(a)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  06/19/2015  80 FR 35246   
Interim Final Rule Effective  06/19/2015 
Interim Final Rule Comment Period End  08/18/2015 
Final Action  10/22/2018  83 FR 53179   
Final Action Effective  10/22/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Janel Keyes
Department of Veterans Affairs
810 Vermont Avenue NW,
Washington, DC 20420
Phone:202 509-1067
Email: janel.keyes@va.gov