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The Department of Veterans Affairs is proposing to amend its adjudication regulations to implement provisions of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act). VA is proposing how to obtain a claimant’s election to opt-in to receive electronic notifications, how to revoke this option, and how electronic notification will be administered to eligible claimants. (Compensation, Pension, Insurance, Fiduciary, Veteran Readiness & Employment, Loan Guaranty, and Education).  The proposed 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 regulations for the implementation of section 807 of P.L. 117-168, the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxins (PACT Act). Title 38 of United States Code (U.S.C.) section 501(d) requires VA to publish regulations for matters related to benefits under a law administered by the Secretary, notwithstanding section 553(a)(2) of the Administration Procedure Act.

Summary of the Legal Basis:

The regulation amendment is authorized by section 807 of P.L. 117-168. VA must publish regulations for matters related to benefits under a law administered by the Secretary as required by 38 U.S.C. 501(d).

Alternatives:

None as this amendment is required by statute.

Anticipated Costs and Benefits:

The statute will enable VBA to communicate with Veterans and claimants thru an omni-channel communications framework (i.e. mail, text, and email). Anticipated costs account for two primary costs: the development of a managed service, or the amendment of an existing managed service, to ensure a minimum of 30 million communications are delivered each year and the actual market costs associated with the delivery of those communications. These communications consist of approximately 12 million notifications acknowledging receipt of materials submitted to VBA’s central claims intake center, as well as 18 million required notifications. VBA currently spends more than $10M per year sending paper-based communications and anticipates long-term cost savings by leveraging electronic communications for claimants who opt-in, but will require up-front funding to acquire the service to maintain this operational framework.

Risks:

None.