View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
VA | RIN: 2900-AR76 | Publication ID: Spring 2023 |
Title: Reevaluation of Claims for Dependency and Indemnity Compensation Based on Public Law 117-168 | |
Abstract:
The Department of Veterans Affairs (VA) amending its adjudication regulations concerning certain awards of Dependency and Indemnity Compensation (DIC). Relevant claimants will be eligible to elect a reevaluation of certain previously denied DIC determinations pursuant to changes that establish or modify a presumption of service-connection. Any award following reevaluation may be made retroactive to the date of a previously denied claim as if the establishment or modification of the presumption of service-connection had been in effect on the date of the submission of the original claim. With respect to new or initial awards of DIC pending before VA on or after August 10, 2022, VA will utilize the most advantageous effective date amongst 38 CFR 3.114 and 3.400, to potentially grant an award earlier than August 10, 2022, if applicable. Lastly, as the PACT Act is silent with respect to changes in the accrued or substitution process as it relates to the reevaluation of DIC claims, VA will be utilizing the regular processes regarding accrued and substitution benefits contained in 38 U.S.C. 5121 and 5121A. The amendments within this rulemaking incorporate legislative updates enacted by the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, or the Honoring our PACT Act of 2022 (Public Law 117-168) (PACT Act) and will bring federal regulations into conformance with the statutory changes. The amendments in this regulation are in accordance with the President’s priorities to address toxic exposure. Also 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: Final Rule Stage |
Major: Yes | Unfunded Mandates: No |
CFR Citation: 38 CFR 3.817 | |
Legal Authority: 38 U.S.C. 501 38 U.S.C. 1305 |
Legal Deadline:
None |
||||||||||||
Timetable:
|
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: Eric Baltimore Program Analyst, Pension and Fiduciary Service, Veterans Benefits Administration Department of Veterans Affairs 810 Vermont Avenue NW, Washington, DC 20420 Phone:202 632-8863 Email: eric.baltimore@va.gov |