2900-AR91 202410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2900 Department of Veterans Affairs VA Evidence Requirements for Direct Service Connection of Covered Mental Health Conditions Based on In-Service Personal Trauma

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.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 38 CFR 3.304 38 U.S.C. 501 Yes

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.

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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.

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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.

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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.

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None.

]]> NPRM 03/00/2025 No No None No No www.regulations.gov No No Robert Parks 2900 Department of Veterans Affairs VA 202 461-9700 robert.parks3@va.gov 1800 G Street NW, Washington DC 20006