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VA | RIN: 2900-AS21 | Publication ID: Fall 2024 |
Title: ●Presumptive Service Connection for Bladder and Ureter Cancers Due to Exposure to Fine Particulate Matter | |
Abstract:
This interim final rule will amend our adjudication regulations by adding 38 CFR 3.320a. VA intends to amend its adjudication regulations to add an interim final regulation to include bladder and ureter cancers and add all locations added by 38 U.S.C. 1119 as provided by the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act (the PACT Act). Specifically, VA is adding bladder this rulemaking would implement a decision by VA that the available scientific and medical evidence is sufficient to warrant a presumption of service connection for bladder and ureter cancers due to exposure to fine particulate matter during the Persian Gulf War. Particulate Matter (PM) is a form of air pollution consisting of a solid particles and liquid droplets. PM is comprised of particles of various sizes, with fine particles posing the greatest health concern because they can be inhaled, get deep into the lungs, and potentially enter the bloodstream where they can affect other organ systems resulting in serious health problems. |
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Agency: Department of Veterans Affairs(VA) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 38 CFR 3.320a | |
Legal Authority: 38 U.S.C. 1171 |
Legal Deadline:
None |
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Statement of Need: This rulemaking is needed to implement a decision by the Secretary of Veterans Affairs that the available scientific and medical evidence is sufficient to warrant a presumption of service connection for bladder and ureter cancers due to exposure to fine particulate matter during the Persian Gulf War. Particulate Matter (PM) is a form of air pollution consisting of a solid particles and liquid droplets. PM is comprised of particles of various sizes, with fine particles posing the greatest health concern because they can be inhaled, get deep into the lungs, and potentially enter the bloodstream where they can affect other organ systems resulting in serious health problems. VA’s review of the scientific evidence demonstrates a nexus between cancers of the genitourinary system and exposure to PM 2.5 |
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Summary of the Legal Basis: In accordance with 38 U.S.C. 1171, the Secretary shall determine whether to establish presumptions of service connection based on toxic exposure pursuant to this subchapter. |
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Alternatives: VA considered two alternative actions: 1) Not establishing presumptive service connection for bladder and ureter cancer. 2) Continuing cancer surveillance and literature review until more evidence was available. VA has determined that further research is unlikely to provide more conclusive evidence, that these cancers should be included at this time, and that they could not be considered presumptive in any manner other than through rulemaking. |
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Anticipated Costs and Benefits: VA has determined the total budgetary impact of the rule making is $106 million in 2025, $1 billion over 5 years and $2.8 billion over 10 years. |
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Risks: None identified. |
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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 |