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VA RIN: 2900-AR10 Publication ID: Spring 2023 
Title: Updating VA Adjudication Regulations for Disability or Death Benefit Claims Related to Herbicide Exposure 
Abstract:

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations relating to exposure to herbicides, such as Agent Orange, in order to incorporate the provisions of the Blue Water Navy Vietnam Veterans Act of 2019 (the BWN Act). This proposed rule would extend the presumed area of exposure to the offshore waters of the Republic of Vietnam and expand the date ranges for presumption of exposure in the Republic of Vietnam and Korea. This rule would also clarify the definition of a Nehmer class member and establish entitlement to spina bifida benefits for children of certain veterans who served in Thailand. On the basis of VA’s general rulemaking authority, VA also proposes to establish a presumption of herbicide exposure for certain veterans who served in Thailand and also proposes to codify longstanding procedures for searching for payees entitled to Nehmer class action settlement payments.  Lastly, this proposed rule incorporates the provisions contained in VA’s RIN 2900-AR45, titled, "Diseases Associated with Exposure to Certain Herbicide Agents (Bladder Cancer, Parkinsonism, and Hypothyroidism)” as a result of VA withdrawing RIN 2900-AR45 from the Fall 2022 Unified Agenda.  The proposed amendments in this regulation are in accordance with the President’s priorities to address military toxic exposures. They also advance equity and support underserved, vulnerable, and marginalized communities and improve service delivery, customer experience, and reduce administrative burdens for those accessing public benefits and services.

 
Agency: Department of Veterans Affairs(VA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.30    38 CFR 3.309    38 CFR 3.105    38 CFR 3.114    38 CFR 3.313    38 CFR 3.81   
Legal Authority: 38 U.S.C. 1116    38 U.S.C. 1116A    38 U.S.C. 1116B    38 U.S.C. 1821    38 U.S.C. 1822   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Robert Parks
Department of Veterans Affairs
1800 G Street NW,
Washington, DC 20006
Phone:202 461-9700
Email: robert.parks3@va.gov