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VA RIN: 2900-AR91 Publication ID: Fall 2024 
Title: Evidence Requirements for Direct Service Connection of Covered Mental Health Conditions Based on In-Service Personal Trauma 
Abstract:

VA is proposing to amend regulations concerning the type of evidence that may be used to support a veteran’s statement regarding the occurrence of an in-service personal trauma. VA is also proposing to define key terms relevant to such claims. These amendments will provide greater specificity and clarity to the regulatory text and aid claims processors who develop and decide claims based on in-service personal trauma. The intent of this change is to ease the evidentiary requirements for veterans claiming a mental health condition based on in-service personal trauma.

 
Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.304   
Legal Authority: 38 U.S.C. 501   
Legal Deadline:  None

Statement of Need:

VA recognizes that in-service personal trauma, including sexual trauma, often goes unreported and/or undocumented and results in mental conditions other than PTSD. VA is expanding the scope of what evidence claimants can use to support these claims for other covered mental illnesses through use of evidentiary markers.

Summary of the Legal Basis:

Per 38 U.S.C. 501(a)(1), [t]he Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by [VA] and are consistent with those laws, including . . . regulations with respect to the nature and extent of proof and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws.

Alternatives:

VA considered two alternatives: 1) Not taking any action. 2) Only adding covered mental conditions in lieu of PTSD in the current regulation. VA determined the current regulatory approach would positively address a wider spectrum of claimant need.

Anticipated Costs and Benefits:

VA has determined that the total budgetary impact of this rulemaking is estimated at $493 million in 2025, $5.1 billion over five years, and $15.3 billion over 10 years.

Risks:

None.

Timetable:
Action Date FR Cite
NPRM  03/00/2025 
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