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The Department of Veterans Affairs (VA) is issuing this final rule to amend its adjudication regulations to add additional presumptive exposure locations for radiation, as indicated in the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022. The intended effect of this amendment is to ease the evidentiary burden of this population of Veterans who file claims with VA based on radiation exposure in these locations.  The amendments in this regulation are in accordance with the President’s priorities to address toxic exposure.

Statement of Need:

The Department of Veterans Affairs (VA) is issuing this final rule to amend its adjudication regulations to add additional presumptive exposure locations for radiation, as indicated in the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (P.L. 117-168). The intended effect of this amendment is to ease the evidentiary burden of Veterans exposed to radiation at Thule Air Force Base, Palomares and Enewetak Atoll who file claims with VA based on radiation exposure in these locations.

Summary of the Legal Basis:

The new provisions of regulation are authorized by section 401 of P.L. 117-168. VA must publish regulations to carry out the laws administered by the department as required by 38 U.S.C. 501(a).

Alternatives:

Section 401 of P.L. 117-168 added three new locations during the specified times as presumptive for radiation risk activity.The alternative to regulation is to allow Veterans and claims processors to process claims under the statute without the benefit of regulatory guidance, and to rely upon sub-regulatory clarification.

Anticipated Costs and Benefits:

VA has estimated that there are both transfers and costs associated with the provisions of this rulemaking. Actual costs and transfers TBD.

Risks:

None.