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VA

RIN: 2900-AK67

Publication ID: Spring 2002

Title: Monetary Allowances for Certain Children of Vietnam Veterans; Identification of Covered Birth Defects
Abstract: Section 401 of the Veterans Benefits and Health Care Improvement Act of 2000, Public Law 106-419, amended chapter 18 of title 38 United States Code by adding subchapter II authorizing VA to provide certain benefits, including a monthly monetary allowance, to children born with certain birth defects who are the natural children of women veterans who served in the Republic of Vietnam during the Vietnam era. This document amends existing VA adjudication regulations and adds a new section 3.815 to title 38 Code of Federal Regulations to implement this new authority. Section 1823 of title 38 United States Code specifies that receipt of this allowance shall not affect the right of the child, or the right of any individual based on the child's relationship to that individual, to receive any other benefit to which the child, or that individual, may be entitled under any law administered by VA, nor will the allowance be considered income or resources in determining eligibility for, or the amount of, benefits under any Federal or federally assisted program. We propose to amend 38 CFR 3.27, 3.29, 3.31, 3.114, 3.216, 3.261 to 263, 3.272, and 3.275 to reflect this statutory provision as it applies to VA's income-based benefit programs. The statute states that the birth defects identified may not include: A familial disorder, a birth-related injury, or a fetal or neonatal infirmity with well-established causes. The regulation will provide non-exclusive lists of included and excluded conditions for benefits. It also provides criteria to determine which of four levels of monthly monetary payment will be assigned, based on an assessment of the day-to-day functioning of affected individuals or to the extent of disfigurement of the head, face, or neck due to one or more covered birth defects or associated disabilities.
Agency: Department of Veterans Affairs(VA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 38 CFR 3.27 38 CFR 3.29 38 CFR 3.114 38 CFR 3.216 38 CFR 3.261
Legal Authority: 38 USC 1805(b)(3) 38 USC 1812 38 USC 1815 38 USC 5110(n) 38 USC 5312(c)(1)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	01/02/2002	67 FR 200
NPRM Comment Period End	02/01/2002	67 FR 200
Final Action	06/00/2002

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Related RINs: Related to 2900-AK88, Related to 2900-AK90
Agency Contact: Caroll McBrine Consultant, Regulations Staff (211B) Department of Veterans Affairs Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420 Phone:202 273-7211