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:
Action Date FR Cite
NPRM  03/22/2023  88 FR 17166   
NPRM Comment Period End  05/22/2023 
Final Action  02/00/2024 
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