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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. |
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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 |
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Timetable:
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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 |