View Rule

The Department of Veterans Affairs (VA) proposes to amend its regulations related to providing prosthetic and rehabilitative items as medical services to veterans. These amendments would reorganize and update the current regulations. Substantively, these amendments would primarily clarify eligibility criteria for prosthetic and other rehabilitative items and services, and would define the types of items and services available to eligible veterans.

Statement of Need:

VA proposes to amend its regulations related to providing prosthetic and rehabilitative items as medical services to veterans. These amendments would clarify eligibility criteria for prosthetic and other rehabilitative items and services, and define the types of items and services available to eligible veterans.

Summary of the Legal Basis:

38 U.S.C. 1710 authorizes VA to provide, among other things, medical services to veterans when VA determines that they are needed. "Medical services" is defined in 38 U.S.C. 1701(6)(F) to include the following specific items and services: wheelchairs, artificial limbs, trusses, and similar appliances; special clothing made necessary by the wearing of prosthetic appliances; and such other supplies or services as the Secretary determines to be reasonable and necessary.  Section 1710(a) authorizes VA to furnish hospital care and medical services "which the Secretary determines to be needed." In this regulation, VA is addressing the scope of items and services that may be provided as medical services under sections 1701(6)(F) and 1710(a). 

Alternatives:

VA considered the consequences of taking no action.  If VA made no changes at all to its regulations, however, they would remain inconsistent with our current practices.  The current regulations also include a limited list of examples of prosthetic items and services that are provided, which can be misinterpreted as an exhaustive list.  The proposed rule includes a broader and non-exhaustive list, which provides more clarity to Veterans about the benefits to which they are entitled.  The eligibility for such items under the current regulation would also be inconsistent with VA’s authority to provide prosthetics under Pub. L. 104-262, section 103(a). VA considered updating its internal policies instead of its regulations.  Because the changes in this rulemaking would impact and limit Veterans’ benefits, a change to existing regulations was deemed necessary.  We also could have made substantive updates to existing regulations rather than create a new section for the provision of these benefits.  However, that would have been cumbersome and confusing, and would not have allowed us to adequately describe the eligibility for, and provision of, these benefits.

Anticipated Costs and Benefits:

VA has determined that there are transfers associated with this rulemaking.  The cumulative five-year savings are estimated to be $85 million.  The government will transfer $85 million less to eligible veterans. 

There are no new collections of information associated with this rulemaking.  However, there is a proposed discontinuance of use of VA Form 10-2520, which is part of an existing collection under 2900-0188.  The estimated burden elimination is 47 annual hours, which results in an information collection costs savings to the public (vendor) in the amount of $1,121.42.

Risks: