Veterans Benefits Act of 2003 and Veterans Benefits Improvement Act of 2004, 44915-44920 [E6-12787]
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
prior experience, as well as
coordination with waterway users, it
has been determined that this closure
will not have a significant effect on
these vessels. No alternate routes are
available.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: July 31, 2006.
Marcus Redford,
Bridge Administrator.
[FR Doc. E6–12790 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 125
[USCG–2006–24189]
Maritime Identification Credentials
Coast Guard, DHS.
Notice of acceptable
identification credentials; correction.
AGENCY:
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ACTION:
SUMMARY: This document corrects a
typographical error to a statutory
citation in the Coast Guard document
entitled ‘‘Notice of acceptable
identification credentials’’ (USCG–
2006–24189) published on April 28,
2006, in the Federal Register (71 FR
25066).
DATES: This correction is effective
August 8, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2006–
24189 and are available for inspection
or copying at the Docket Management
Facility, U.S. Department of
Transportation, room PL–401, 400
Seventh Street, SW., Washington, DC
20590–0001 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. They may also be viewed
online at https://dms.dot.gov at any time.
Conduct a simple search and enter in
the last five digits of the docket number
listed above.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this correction
document, call Amy Bunk, Office of
Regulations and Administrative Law,
Coast Guard, telephone 202–372–3864.
If you have questions on viewing
material in the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–493–0402.
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The
document entitled ‘‘Maritime
Identification Credentials’’ (USCG–
2006–24189), which published in the
Federal Register (71 FR 25066) on April
28, 2006, informed the public that the
Commandant of the Coast Guard was
directing Coast Guard Captains of the
Port to prevent access to waterfront
facilities to persons that do not have
appropriate identification credentials as
defined under Coast Guard regulations.
The document also identified additional
identification documents approved by
the Commandant as identification
credentials.
In that document the statutory
citation for the United States Code
section entitled ‘‘Annual admission of
refugees and admission of emergency
situation refugees’’ had a typographical
error and read 8 U.S.C. 1137. The
correct citation for that section of the
United States Code is 8 U.S.C. 1157.
In FR Doc. 06–4026 published on
April 28, 2006, (71 FR 25066) make the
following correction. On page 25068, in
the first column, change the fifth
sentence in the first paragraph to read
as follows:
SUPPLEMENTARY INFORMATION:
Other acceptable immigration statuses
include individuals who possess valid
evidence of unrestricted employment and are
in a lawful nonimmigrant status, are a
refugee admitted under 8 U.S.C. 1157, or are
an alien granted asylum under 8 U.S.C. 1158.
Dated: August 2, 2006.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E6–12843 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AM27
Veterans Benefits Act of 2003 and
Veterans Benefits Improvement Act of
2004
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document amends the
Department of Veterans Affairs (VA)
adjudication regulations to incorporate
certain provisions from the Veterans
Benefits Act of 2003 and the Veterans
Benefits Improvement Act of 2004.
Specifically, this document amends
VA’s adjudication regulations regarding
plot or interment allowance eligibility,
forfeiture of benefits, dependency and
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44915
indemnity compensation payments, the
Radiation Exposure Compensation Act
of 1990, as amended, exclusions from
income for pension purposes, benefits
for persons disabled by treatment or
vocational rehabilitation provided by
VA, effective date of death pension, and
diseases subject to presumptive service
connection. This document also amends
VA’s adjudication regulations to reflect
the establishment of the Social Security
Administration as an independent
agency and that the Coast Guard is now
under the jurisdiction of the Secretary of
Homeland Security. These amendments
are necessary to conform the regulations
to the statutory amendments.
DATES: Effective Date: August 8, 2006.
Applicability Dates: In accordance
with statutory provisions, the following
amendments in this final rule will be
applied as follows. The amendment to
38 CFR 3.309 is applicable to payments
for periods beginning on or after
March 26, 2002. The amendment to 38
CFR 3.715 is applicable to
compensation and dependency and
indemnity compensation payments for
months beginning April 1, 2002. The
amendment to 38 CFR 3.1(g)(4) is
applicable March 1, 2003. The
amendments to 38 CFR 3.152, 3.153,
and 3.714 are applicable December 16,
2003. The amendments to 38 CFR
3.1600 and 3.1604 are applicable to
claims filed on or after December 16,
2003. The amendment to 38 CFR 3.903
is applicable to claims filed on or after
December 17, 2003. The amendment to
38 CFR 3.272 is applicable for periods
on or after December 10, 2004. The
amendments to 38 CFR 3.362 and 3.800
are applicable in the case of a judgment,
settlement, or compromise covered by
38 U.S.C. 1151(b)(1) that becomes final
on or after December 10, 2004. The
amendment to 38 CFR 3.400 is
applicable to claims filed on or after
December 10, 2004. The amendment to
38 CFR 3.808 is applicable to benefits
awarded pursuant to these regulations
by VA on or after December 10, 2004.
The amendment to 38 CFR 3.10 is
applicable to payments beginning
January 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Maya Ferrandino, Consultant,
Compensation and Pension Service,
Policy and Regulations Staff, Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 273–
7210.
SUPPLEMENTARY INFORMATION: The
Veterans Benefits Act of 2003 and the
Veterans Benefits Improvement Act of
2004, Public Law 108–183 and Public
Law 108–454 respectively, added and
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
revised sections of title 38 of the United
States Code, which addresses veterans
benefits law. To ensure consistency
with statutory changes, VA regulations
will be amended as further described
below.
Section 501 of the Veterans Benefits
Act of 2003 amended 38 U.S.C.
2303(b)(1) and (2), Death in Department
facility; plot allowance, and 38 U.S.C.
2307, Death from service-connected
disability, to allow States to receive a
plot or interment allowance for the
interment, in a state cemetery or portion
thereof used solely for the burial of
veterans, of any veteran eligible for
burial in a national cemetery. Under
prior law, the allowance was payable
only for veterans of a war, veterans
discharged for disability incurred or
aggravated in the line of duty, veterans
entitled to VA compensation or pension,
and certain other veterans. VA’s
regulation regarding payment of burial
expenses for deceased veterans is 38
CFR 3.1600 and VA’s regulation
regarding payment of a plot or interment
allowance to a State is 38 CFR 3.1604(c)
and (d). This document amends
§§ 3.1600(a) and (f) and 3.1604(c) and
(d)(1)(i) and (5) to provide, in
accordance with the statutory
amendments, that States may be paid a
plot or interment allowance on behalf of
veterans buried in a state veterans’
cemetery who were eligible for burial in
a national cemetery and that the
allowance is payable to States in
addition to burial or funeral expenses to
which they are eligible. The
amendments to 38 CFR 3.1600 and
3.1604 are applicable to claims for an
allowance filed on or after December 16,
2003.
Section 705(a) of the Veterans
Benefits Act of 2003 amended 38 U.S.C.
6105(b)(2), Forfeiture for subversive
activities, by adding certain offenses
under title 18, United States Code, for
which an individual forfeits his or her
right to gratuitous benefits under the
laws administered by the Secretary of
Veterans Affairs. Section 6105(b)(2) as
amended by the Veterans Benefits Act of
2003 applies to claims filed on or after
December 17, 2003. Public Law 108–
183, § 705(b), 117 Stat. 2672. VA’s
regulation regarding forfeiture of VA
benefits for subversive activities is 38
CFR 3.903. This document amends
§ 3.903(a) to reflect the statutory change
by adding 18 U.S.C. 175, 229, 831, 1091,
2332a, and 2332b to the current list of
18 U.S.C. sections cited in the
regulation.
Section 708(c) of the Veterans
Benefits Act of 2003 amended various
sections of title 38 of the United States
Code to reflect the establishment of the
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Social Security Administration as an
independent agency by replacing
references to the Secretary of Health and
Human Services with references to the
Commissioner of Social Security, and
striking ‘‘Department of Health and
Human Services’’ and inserting ‘‘Social
Security Administration’’ each time it
appears in the provisions. This
document amends 38 CFR 3.152(a),
3.153, and 3.714(f) to reflect the
statutory changes.
In a similar manner, this document
amends 38 CFR 3.1(g)(4), to reflect that
the Coast Guard is now under the
jurisdiction of the Secretary of
Homeland Security, not the Secretary of
Transportation. See Homeland Security
Act of 2002, Public Law 107–296,
§ 1704(d), 116 Stat. 2135, 2314. The
authorizing statute for § 3.1(g)(4) is 38
U.S.C. 101(25)(D), which was amended
by section 1704(d) of Public Law 107–
296 to reflect that the Coast Guard is
under the jurisdiction of the Secretary of
Homeland Security. To ensure
consistency with section 101(25)(D), we
are amending the corresponding
regulation, § 3.1(g)(4).
Section 301 of the Veterans Benefits
Improvement Act of 2004 amended 38
U.S.C. 1311, Dependency and
indemnity compensation to a surviving
spouse, by adding subsection (e), which
provides for a $250 increase in the
monthly rate of dependency and
indemnity compensation to which a
surviving spouse with one or more
children below the age of 18 is
otherwise entitled. The increased rate is
payable for the two-year period
beginning on the date on which
entitlement to dependency and
indemnity compensation commenced.
The increase ceases the first month after
the month in which all children of the
surviving spouse have attained the age
of 18. The increase in dependency and
indemnity compensation under section
1311(e) is applicable to payments
beginning January 1, 2005. Public Law
108–454, § 301, 118 Stat. 3610. This
document amends § 3.10(e) by adding
§ 3.10(e)(4) to reflect the statutory
change.
We note that the Veterans Benefits
Act of 2003 added a different subsection
(e) to section 1311 than the subsection
(e) added by the Veterans Benefits
Improvement Act of 2004. There is no
indication that Congress intended to
replace section 1311(e) as added by the
Veterans Benefits Act of 2003 with
section 1311(e) as added by the Veterans
Benefits Improvement Act of 2004, and
for the purposes of this rulemaking
document, VA assumes that Congress
intended to include both paragraphs
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designated as subsection (e) in the
statute.
Section 302(a) of the Veterans
Benefits Improvement Act of 2004
amended 38 U.S.C. 1112(c) to provide
that a radiation-exposed veteran’s
receipt of a payment under the
Radiation Exposure Compensation Act
of 1990 as amended (42 U.S.C. 2210
note) (RECA) does not deprive such a
veteran of receipt of VA compensation.
Section 302(b) of the Veterans Benefits
Improvement Act of 2004 amended 38
U.S.C. 1310, Deaths entitling survivors
to dependency and indemnity
compensation, to provide that a person’s
receipt of a RECA payment does not
deprive the person of receipt of
dependency and indemnity
compensation. However, the statutory
amendment also provides for an offset
of RECA payments against VA
compensation awarded pursuant to 38
U.S.C. 1112(c)(1) and dependency and
indemnity compensation. The statutory
changes are applicable to compensation
and dependency and indemnity
compensation payments for months
beginning after March 26, 2002. Public
Law 108–454, § 302(c), 118 Stat. 3610.
VA’s regulation regarding RECA is 38
CFR 3.715. This document amends
§ 3.715 by adding paragraph (a)(1),
which states that a RECA payment to a
‘‘radiation-exposed veteran,’’ as defined
in 38 CFR 3.309(d)(3), does not bar
payment of VA compensation to the
veteran for months beginning after
March 26, 2002. New § 3.715(b)
provides that a person’s receipt of a
RECA payment does not bar the
person’s receipt of dependency and
indemnity compensation for months
beginning after March 26, 2002. Also,
§ 3.715(c) states: ‘‘Notwithstanding
paragraph (a) or (b), the amount of a
RECA payment will be deducted from
the amount of compensation payable
pursuant to § 3.309(d) or the amount of
dependency and indemnity
compensation payable.’’
We have made one further
amendment to 38 CFR 3.715 to correct
an inconsistency with RECA, as
amended. Section 6(e) of RECA states
that, ‘‘[e]xcept as otherwise authorized
by law, the acceptance of payment by an
individual under this section shall be in
full satisfaction of all claims of or on
behalf of that individual against the
United States * * * that arise out of
exposure to radiation, from atmospheric
nuclear testing, in the affected area (as
defined in section 4(b)(1)) at any time
during the period described in
subsection (a)(1), (a)(2)(A), or (a)(2)(B) of
section 4(a), exposure to radiation in a
uranium mine, mill, or while employed
in the transport of uranium ore or
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vanadium-uranium ore from such mine
or mill at any time during the period
described in section 5(a) or exposure to
radiation as a result of onsite
participation in a test involving the
atmospheric detonation of a nuclear
device.’’ Currently, 38 CFR 3.715 is
broader than RECA. The RECA statute
provides that RECA payments satisfy all
further claims against the United States,
including claims for VA compensation,
arising out of exposure to radiation
covered by that Act. Section 3.715,
however, currently precludes payment
of compensation for disability, no
matter what the cause of the disease. We
are therefore amending § 3.715 to make
the regulation consistent with statute by
adding paragraph (a)(2) to provide that
payment of VA compensation to a
veteran who is not a radiation-exposed
veteran is barred only if the veteran’s
disability resulted from a disease that is
attributable to exposure to radiation for
which payments have been received
under RECA.
Section 303 of the Veterans Benefits
Improvement Act of 2004 amended 38
U.S.C. 1503, Determinations with
respect to annual income, by adding
subsection 1503(a)(11) to exclude lumpsum proceeds of a life insurance policy
on a veteran from consideration as
income for pension purposes. VA’s
regulation regarding exclusions from
income for pension purposes is 38 CFR
3.272. This document amends § 3.272
by adding § 3.272(x) to reflect the
statutory changes. New § 3.272(x) is
applicable for periods on or after
December 10, 2004.
Section 304 of the Veterans Benefits
Improvement Act of 2004 amended 38
U.S.C. 1151, Benefits for persons
disabled by treatment or vocational
rehabilitation, by adding subsection (c),
which states that a qualifying additional
disability under section 1151 shall be
treated as if it were a service-connected
disability for purposes of entitlement to
chapter 21 (specially adapted housing)
and chapter 39 benefits (automobiles
and adaptive equipment). This is an
expansion of the benefits to which
persons receiving compensation under
section 1151 are entitled. This statutory
amendment to 38 U.S.C. 1151 is
applicable with respect to eligibility for
these benefits and services on or after
December 10, 2004. Public Law 108–
454, § 304(b), 118 Stat. 3611.
VA’s regulation regarding automobiles
and adaptive equipment is 38 CFR
3.808, Automobiles or other
conveyances; certification. This
document therefore amends § 3.808 to
reflect the statutory change. To
implement the statutory change, we are
amending the introduction and
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paragraphs (a) and (b) in § 3.808. While
the format of the current regulation is
being amended for ease of use, we are
making no substantive change to the
content of the regulation, other than
implementation of the statutory change.
In this rulemaking, however, we are
not amending 38 CFR 3.809, Specially
adapted housing under 38 U.S.C.
2101(a), and 3.809a, Special home
adaptation grants under 38 U.S.C.
2101(b), to reflect new 38 U.S.C.
1151(c)(1). We have decided to
promulgate a separate rulemaking that
will amend 38 CFR 3.809 and 3.809a to
implement section 304 of the Veterans
Benefits Improvement Act of 2004, as
well as section 401 of the 2004 Act,
which amended 38 U.S.C. 2101, which
provides the eligibility criteria for
chapter 21 benefits. In that rulemaking,
we will also amend relevant regulations
in part 36 of title 38, Code of Federal
Regulations, to reflect these statutory
amendments.
Section 304(c) of the Veterans
Benefits Improvement Act of 2004
amended 38 U.S.C. 1151(b) by adding
section 1151(b)(2) to provide that, where
a judgment, settlement, or compromise
of a claim specifically designates a
portion of the award for the type of
benefits provided under chapter 21 or
39 of title 38, United States Code, and
VA later awards chapter 21 or 39
benefits, VA may reduce the amount of
the chapter 21 or 39 benefits payable by
the amount of benefits specifically
designated for these purposes in the
judgment, settlement, or compromise.
Section 1151(b)(2) applies to a
judgment, settlement, or compromise
that became final on or after December
10, 2004. Section 1151(b)(2) also states
that, if the amount received as a result
of the judgment, settlement, or
compromise is greater than the amount
of the chapter 21 or 39 benefits, the
excess amount received will be offset
against benefits otherwise payable
under 38 U.S.C. chapter 11. This
document amends 38 CFR 3.362, Offsets
under 38 U.S.C. 1151(b) of benefits
awarded under 38 U.S.C. 1151 for
claims filed on or after October 1, 1997,
by adding § 3.362(e) and 38 CFR 3.800,
Disability or death due to
hospitalization, etc. for claims filed
before October 1, 1997, by adding
§ 3.800(a)(4) to reflect the statutory
changes with regard to chapter 39
benefits only. We will amend 38 CFR
3.362 and 3.800 to reflect new 38 U.S.C.
1151(b)(2) and (c)(1) regarding chapter
21 benefits in the separate rulemaking
described above.
Section 305 of the Veterans Benefits
Improvement Act of 2004 amended 38
U.S.C. 5110, Effective date of awards, by
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44917
removing the effective date restriction
for death pension in section (d)(2),
which required an application to be
received within 45 days from the date
of death for an effective date for an
award of death pension to be the first
day of the month in which the death
occurred. The amendment allows the
effective date for an award of death
pension to be governed by the same rule
as the effective date for an award of
death compensation or dependency and
indemnity compensation, which is that,
if an application for death pension is
received within one year from the date
of death, the effective date of an award
shall be the first day of the month in
which the death occurred. VA’s
regulation regarding effective dates is 38
CFR 3.400. This document amends
§ 3.400(c)(3) by amending paragraphs
(c)(3)(i) and (ii) to reflect the statutory
change. We have determined that
amended paragraphs 3.400(c)(3)(i) and
(ii) are applicable to claims filed on or
after December 10, 2004, the effective
date of the Veterans Benefits
Improvement Act of 2004.
Section 306(b) of the Veterans
Benefits Improvement Act of 2004
amended 38 U.S.C. 1112, Presumptions
relating to certain diseases and
disabilities, by further defining a
‘‘radiation-risk activity’’ in section
1112(c)(3)(B)(iv) to include service in a
capacity which, if performed as an
employee of the Department of Energy,
would qualify the individual for
inclusion as a member of the Special
Exposure Cohort under the Energy
Employees Occupational Illness
Compensation Program Act of 2000,
codified as amended at 42 U.S.C.
7348l(14). The amendment to section
1112(c)(3)(B) is effective as of March 26,
2002. VA’s regulation regarding diseases
subject to presumptive service
connection for radiation-exposed
veterans is 38 CFR 3.309(d). This
document amends § 3.309(d)(3)(ii) by
adding a new paragraph
§ 3.309(d)(3)(ii)(E) to reflect the
statutory change.
Administrative Procedure Act
This final rule merely restates
statutory provisions. Accordingly, there
is a basis for dispensing with prior
notice and comment and the delayed
effective date provisions of 5 U.S.C. 553.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
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Regulatory Flexibility Act
The Secretary hereby certifies that
this regulatory amendment will not
have a significant economic impact on
a substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. Only
VA beneficiaries could be directly
affected. Therefore, pursuant to 5 U.S.C.
605(b), this amendment is exempt from
the initial and final regulatory flexibility
analysis requirements of sections 603
and 604.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Order classifies a rule as a significant
regulatory action requiring review by
the Office of Management and Budget if
it meets any one of a number of
specified conditions, including: Having
an annual effect on the economy of $100
million or more, creating a serious
inconsistency or interfering with an
action of another agency, materially
altering the budgetary impact of
entitlements or the rights of entitlement
recipients, or raising novel legal or
policy issues. VA has examined the
economic, legal, and policy implications
of this final rule and has concluded that
it is a significant regulatory action
because it may raise novel legal or
policy issues.
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Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
year. This final rule would have no such
effect on State, local, and tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance program numbers and titles
for this proposal are 64.100,
Automobiles and Adaptive Equipment
for Certain Disabled Veterans and
Members of the Armed Forces; 64.101,
Burial Expenses Allowance for
Veterans; 64.102, Compensation for
Service-Connected Deaths for Veterans’
Dependents; 64.104, Pension for Non-
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Service-Connected Disability for
Veterans; 64.105, Pension to Veterans
Surviving Spouses, and Children;
64.109, Veterans Compensation for
Service-Connected Disability; and
64.110, Veterans Dependency and
Indemnity Compensation for ServiceConnected Death.
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
Approved: April 25, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons set forth in the
preamble, 38 CFR part 3 is amended as
follows:
I
§ 3.152
[Amended]
4. Amend § 3.152(a) by removing
‘‘Secretary of Health and Human
Services’’ and adding, in its place,
‘‘Commissioner of Social Security’’.
I
§ 3.153
[Amended]
5. Amend § 3.153 by removing
‘‘Secretary of Health, Education, and
Welfare’’ and adding, in its place,
‘‘Commissioner of Social Security’’.
I 6. Amend § 3.272 by adding paragraph
(x) immediately following the authority
citation at the end of paragraph (w) to
read as follows:
I
§ 3.272
Exclusions from income.
*
*
*
*
*
(x) Life insurance proceeds. Lumpsum proceeds of any life insurance
policy on a veteran.
(Authority: 38 U.S.C. 1503(a)(11))
PART 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
7. Amend § 3.309 by adding paragraph
(d)(3)(ii)(E) immediately following
paragraph (d)(3)(ii)(D)(3) to read as
follows:
I
I
1. The authority citation for part 3,
subpart A continues to read as follows:
§ 3.309 Disease subject to presumptive
service connection.
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
*
2. Amend § 3.1(g)(4) by removing
‘‘Secretary of Transportation’’ and
adding, in its place, ‘‘Secretary of
Homeland Security’’.
I
3. Amend § 3.10 by adding paragraph
(e)(4) to read as follows:
I
§ 3.10 Dependency and indemnity
compensation rate for a surviving spouse.
*
*
*
*
*
(e) * * *
(4) For a two-year period beginning on
the date entitlement to dependency and
indemnity compensation commenced,
the dependency and indemnity
compensation paid monthly to a
surviving spouse with one or more
children below the age of 18 shall be
increased by the amount set forth in 38
U.S.C. 1311(e), regardless of the number
of such children. The dependency and
indemnity compensation payable under
this paragraph is in addition to any
other dependency and indemnity
compensation payable. The increase in
dependency and indemnity
compensation of a surviving spouse
under this paragraph shall cease
beginning with the first month
commencing after the month in which
all children of the surviving spouse
have attained the age of 18.
(Authority: 38 U.S.C. 1311(e))
*
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*
Frm 00036
*
Fmt 4700
*
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*
*
*
*
(d) * * *
(3) * * *
(ii) * * *
(E) Service in a capacity which, if
performed as an employee of the
Department of Energy, would qualify
the individual for inclusion as a
member of the Special Exposure Cohort
under section 3621(14) of the Energy
Employees Occupational Illness
Compensation Program Act of 2000 (42
U.S.C. 7384l(14)).
*
*
*
*
*
I 8. Amend § 3.362 by adding paragraph
(e) immediately following the last
sentence at the end of paragraph (d) to
read as follows:
§ 3.362 Offset under 38 U.S.C. 1151(b) of
benefits awarded under 38 U.S.C. 1151(a).
*
*
*
*
*
(e) Offset of award of benefits under
38 U.S.C. chapter 39. (1) If a judgment,
settlement, or compromise covered in
paragraphs (b) through (d) of this
section becomes final on or after
December 10, 2004, and includes an
amount that is specifically designated
for a purpose for which benefits are
provided under 38 U.S.C. chapter 39 (38
CFR 3.808), and if VA awards chapter
39 benefits after the date on which the
judgment, settlement, or compromise
becomes final, the amount of the award
will be reduced by the amount received
under the judgment, settlement, or
compromise for the same purpose.
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
(2) If the amount described in
paragraph (e)(1) of this section is greater
than the amount of an award under 38
U.S.C. chapter 39, the excess amount
received under the judgment,
settlement, or compromise will be offset
against benefits otherwise payable
under 38 U.S.C. chapter 11.
*
*
*
*
*
§ 3.400
dependency and indemnity
compensation payable.
(Authority: 38 U.S.C. 1112(c)(4), 1310(c); 42
U.S.C. 2210 note)
12. Amend § 3.800 by adding
paragraph (a)(4) to read as follows:
I
§ 3.800 Disability or death due to
hospitalization, etc.
*
[Amended]
9. Amend § 3.400 by:
a. In paragraph (c)(3)(i), adding ‘‘or on
or after December 10, 2004,’’ following
‘‘October 1, 1984,’’; and
I b. In paragraph (c)(3)(ii), removing
‘‘on or after October 1, 1984,’’ and
adding, in its place, ‘‘between October
1, 1984, and December 9, 2004,’’.
I 10. Amend § 3.714(f) by:
I a. Revising the paragraph heading.
I b. In the introductory text, by
removing ‘‘Department of Health and
Human Services’’ and adding, in its
place, ‘‘Social Security Administration’’.
The revision reads as follows:
I
I
§ 3.714 Improved pension elections—
public assistance beneficiaries.
*
*
*
*
*
(f) Notification to the Social Security
Administration. * * *
*
*
*
*
*
I 11. Revise § 3.715 to read as follows:
*
*
*
*
(a) * * *
(4) Offset of award of benefits under
38 U.S.C. chapter 39. (i) If a judgment,
settlement, or compromise covered by
paragraph (a)(2) of this section becomes
final on or after December 10, 2004, and
includes an amount that is specifically
designated for automobile assistance
benefits under 38 U.S.C. chapter 39 (38
CFR 3.808), and if VA awards chapter
39 benefits after the date on which the
judgment, settlement, or compromise
becomes final, the amount of the award
will be reduced by the amount received
under the judgment, settlement, or
compromise for the same purpose.
(ii) If the amount described in
paragraph (4)(i) of this section is greater
than the amount of an award under 38
U.S.C. chapter 39, the excess amount
received under the judgment,
settlement, or compromise will be offset
against benefits otherwise payable
under 38 U.S.C. chapter 11.
sroberts on PROD1PC70 with RULES
§ 3.715 Radiation Exposure Compensation
Act of 1990, as amended.
(Authority: 38 U.S.C. 1151(b)(2))
(a) Compensation. (1) A radiationexposed veteran, as defined in 38 CFR
3.309(d)(3), who receives a payment
under the Radiation Exposure
Compensation Act of 1990, as amended
(42 U.S.C. 2210 note) (RECA), will not
be denied compensation to which the
veteran is entitled under 38 CFR
3.309(d) for months beginning after
March 26, 2002.
(2) A veteran who is not a ‘‘radiationexposed veteran,’’ as defined in 38 CFR
3.309(d)(3), is not entitled to VA
compensation for disability caused by a
disease that is attributable to exposure
to radiation for which the veteran has
received a payment under RECA.
(b) Dependency and indemnity
compensation. A person who receives a
payment under RECA based upon a
veteran’s death will not be denied
dependency and indemnity
compensation to which the person is
entitled under 38 CFR 3.5 and 3.22 for
months beginning after March 26, 2002.
(c) Offset of RECA payment against
VA benefits. Notwithstanding paragraph
(a) or (b) of this section, the amount of
a RECA payment will be deducted from
the amount of compensation payable
pursuant to § 3.309(d) or the amount of
I
I
I
I
VerDate Aug<31>2005
18:48 Aug 07, 2006
Jkt 208001
*
*
*
*
*
13. Amend § 3.808 by:
a. Removing the introductory text.
b. Revising paragraph (a).
c. Redesignating the paragraph (b)(1)
introductory text as paragraph (b)
introductory text and revising it.
I d. Removing paragraph (b)(2).
I e. Redesignating former paragraphs
(b)(1)(i) through (b)(1)(iv) as paragraphs
(b)(1) through (b)(4), respectively.
I f. Removing the authority citations at
the end of paragraphs (c) and (d).
I g. Adding an authority citation at the
end of paragraph (e)(3).
The revisions and addition read as
follows:
§ 3.808 Automobiles or other
conveyances; certification.
(a) Entitlement. A certificate of
eligibility for financial assistance in the
purchase of one automobile or other
conveyance in an amount not exceeding
the amount specified in 38 U.S.C. 3902
(including all State, local, and other
taxes where such are applicable and
included in the purchase price) and of
basic entitlement to necessary adaptive
equipment will be provided to—
(1) A veteran who is entitled to
compensation under chapter 11 of title
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Frm 00037
Fmt 4700
Sfmt 4700
44919
38, United States Code, for a disability
described in paragraph (b) of this
section; or
(2) A member of the Armed Forces
serving on active duty who has a
disability described in paragraph (b) of
this section that is the result of an injury
or disability incurred or disease
contracted in or aggravated by active
military, naval, or air service.
(b) * * * One of the following must
exist:
*
*
*
*
*
(e) * * *
(Authority: 38 U.S.C. 501(a), 1151(c)(2),
3902)).
14. Amend § 3.903 by:
a. Redesignating paragraphs (a)(2)
through (a)(4) as paragraphs (a)(3)
through (a)(5), respectively.
I b. Adding a new paragraph (a)(2).
The addition reads as follows:
I
I
§ 3.903
Subversive activities.
(a) * * *
(2) In title 18 U.S.C., sections 175,
229, 831, 1091, 2332a, and 2332b, for
claims filed on or after December 17,
2003.
*
*
*
*
*
I 15. Amend § 3.1600 by:
I a. In paragraph (a), removing
‘‘Payment’’ in the last sentence and
adding, in its place, ‘‘Except as provided
in § 3.1604(d)(5), payment’’.
I b. Revising paragraph (f) introductory
text.
I c. Redesignating paragraphs (f)(1)
through (f)(5) as paragraphs (f)(2)(i)
through (f)(2)(v), respectively.
I d. Adding a new paragraph (f)(1).
I e. Adding paragraph (f)(2)
introductory text.
The revision and additions read as
follows:
§ 3.1600 Payment of burial expenses of
deceased veterans.
*
*
*
*
*
(f) Plot or interment allowance. A plot
or interment allowance is payable to the
person or entity who incurred the
expenses in an amount not to exceed the
amount specified in 38 U.S.C. 2303(b)
(or if the entitlement is under § 3.40 (c)
or (d), an amount computed in
accordance with the provisions of
§ 3.40(c)) if the following conditions are
met:
(1) For claims filed on or after
December 16, 2003:
(i) The deceased veteran is eligible for
burial in a national cemetery;
(ii) The veteran is not buried in a
national cemetery or other cemetery
under the jurisdiction of the United
States;
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08AUR1
44920
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
(iii) The applicable further provisions
of this section and §§ 3.1601 through
3.1610.
(2) For claims filed before December
16, 2003:
*
*
*
*
*
I 16. Amend § 3.1604 by:
I a. Revising the authority citation at
the end of paragraph (c).
I b. Revising paragraph (d)(1)(i).
I c. Adding paragraph (d)(5) following
the authority citation at the end of
paragraph (d)(4).
The revisions and addition read as
follows:
§ 3.1604 Payment from non-Department of
Veterans Affairs sources.
*
*
*
(c) * * *
*
*
(Authority: 38 U.S.C. 2303(b)(1)).
(d) * * *
(1) * * *
(i) The plot or interment allowance is
payable based on the deceased veteran’s
eligibility for burial in a national
cemetery (or, in claims filed prior to
December 16, 2003, the deceased
veteran’s service). See § 38.620 of this
chapter.
*
*
*
*
*
(5) A plot or interment allowance may
be paid to a state in addition to a burial
allowance under § 3.1600(a) for claims
filed on or after December 16, 2003.
[FR Doc. E6–12787 Filed 8–7–06; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2006–AZ–0388; FRL–8206–
4]
Approval and Promulgation of
Implementation Plans; Designation of
Areas for Air Quality Planning
Purposes; State of Arizona; Finding of
Attainment for Rillito Particulate Matter
of 10 Microns or Less (PM10)
Nonattainment Area; Determination
Regarding Applicability of Certain
Clean Air Act Requirements;
Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action to determine that the Rillito
moderate PM10 nonattainment area in
Arizona attained the National Ambient
Air Quality Standards for particulate
matter with an aerodynamic diameter
VerDate Aug<31>2005
20:43 Aug 07, 2006
Jkt 208001
less than or equal to a nominal 10
micrometers (PM10) by the applicable
attainment date. EPA also finds that the
Rillito area is currently attaining the
PM10 standards, and based on this latter
finding, EPA is determining that certain
Clean Air Act requirements are not
applicable for so long as the Rillito area
continues to attain the PM10 standards.
Lastly, EPA is correcting an error in a
previous rulemaking that involved the
classification of PM10 nonattainment
areas within the State of Arizona.
DATES: This rule is effective on October
10, 2006, without further notice, unless
EPA receives adverse comments by
September 7, 2006. If adverse comment
is received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2006–AZ–0388 by one of the
following methods:
• Federal eRulemaking portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: tax.wienke@epa.gov.
• Fax: (415) 947–3579 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Wienke Tax, Office of Air
Planning, Environmental Protection
Agency (EPA), Region 9, Mailcode AIR–
2, 75 Hawthorne Street, San Francisco,
California 94105–3901.
• Hand Delivery: Wienke Tax, Office
of Air Planning, Environmental
Protection Agency (EPA), Region 9,
Mailcode AIR–2, 75 Hawthorne Street,
San Francisco, California 94105–3901.
Such deliveries are only accepted
Monday through Friday, 8 a.m. to 4:55
p.m., excluding Federal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R09–OAR–2006–
AZ–0388. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
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Fmt 4700
Sfmt 4700
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Office of Air Planning,
Environmental Protection Agency
(EPA), Region 9, Mailcode AIR–2, 75
Hawthorne Street, San Francisco,
California 94105–3901. EPA requests
that if at all possible, you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Wienke Tax, Office of Air Planning,
Environmental Protection Agency
(EPA), Region 9, Mailcode AIR–2, 75
Hawthorne Street, San Francisco,
California 94105–3901, (520) 622–1622,
tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
A. What National Ambient Air Quality
Standards (NAAQS) Are Considered In
Today’s Finding?
B. What Is The Designation and
Classification of This PM10
Nonattainment Area?
E:\FR\FM\08AUR1.SGM
08AUR1
]]>Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Rules and Regulations]
[Pages 44915-44920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12787]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AM27
Veterans Benefits Act of 2003 and Veterans Benefits Improvement
Act of 2004
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Department of Veterans Affairs (VA)
adjudication regulations to incorporate certain provisions from the
Veterans Benefits Act of 2003 and the Veterans Benefits Improvement Act
of 2004. Specifically, this document amends VA's adjudication
regulations regarding plot or interment allowance eligibility,
forfeiture of benefits, dependency and indemnity compensation payments,
the Radiation Exposure Compensation Act of 1990, as amended, exclusions
from income for pension purposes, benefits for persons disabled by
treatment or vocational rehabilitation provided by VA, effective date
of death pension, and diseases subject to presumptive service
connection. This document also amends VA's adjudication regulations to
reflect the establishment of the Social Security Administration as an
independent agency and that the Coast Guard is now under the
jurisdiction of the Secretary of Homeland Security. These amendments
are necessary to conform the regulations to the statutory amendments.
DATES: Effective Date: August 8, 2006.
Applicability Dates: In accordance with statutory provisions, the
following amendments in this final rule will be applied as follows. The
amendment to 38 CFR 3.309 is applicable to payments for periods
beginning on or after March 26, 2002. The amendment to 38 CFR 3.715 is
applicable to compensation and dependency and indemnity compensation
payments for months beginning April 1, 2002. The amendment to 38 CFR
3.1(g)(4) is applicable March 1, 2003. The amendments to 38 CFR 3.152,
3.153, and 3.714 are applicable December 16, 2003. The amendments to 38
CFR 3.1600 and 3.1604 are applicable to claims filed on or after
December 16, 2003. The amendment to 38 CFR 3.903 is applicable to
claims filed on or after December 17, 2003. The amendment to 38 CFR
3.272 is applicable for periods on or after December 10, 2004. The
amendments to 38 CFR 3.362 and 3.800 are applicable in the case of a
judgment, settlement, or compromise covered by 38 U.S.C. 1151(b)(1)
that becomes final on or after December 10, 2004. The amendment to 38
CFR 3.400 is applicable to claims filed on or after December 10, 2004.
The amendment to 38 CFR 3.808 is applicable to benefits awarded
pursuant to these regulations by VA on or after December 10, 2004. The
amendment to 38 CFR 3.10 is applicable to payments beginning January 1,
2005.
FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Consultant,
Compensation and Pension Service, Policy and Regulations Staff,
Veterans Benefits Administration, Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC 20420, (202) 273-7210.
SUPPLEMENTARY INFORMATION: The Veterans Benefits Act of 2003 and the
Veterans Benefits Improvement Act of 2004, Public Law 108-183 and
Public Law 108-454 respectively, added and
[[Page 44916]]
revised sections of title 38 of the United States Code, which addresses
veterans benefits law. To ensure consistency with statutory changes, VA
regulations will be amended as further described below.
Section 501 of the Veterans Benefits Act of 2003 amended 38 U.S.C.
2303(b)(1) and (2), Death in Department facility; plot allowance, and
38 U.S.C. 2307, Death from service-connected disability, to allow
States to receive a plot or interment allowance for the interment, in a
state cemetery or portion thereof used solely for the burial of
veterans, of any veteran eligible for burial in a national cemetery.
Under prior law, the allowance was payable only for veterans of a war,
veterans discharged for disability incurred or aggravated in the line
of duty, veterans entitled to VA compensation or pension, and certain
other veterans. VA's regulation regarding payment of burial expenses
for deceased veterans is 38 CFR 3.1600 and VA's regulation regarding
payment of a plot or interment allowance to a State is 38 CFR 3.1604(c)
and (d). This document amends Sec. Sec. 3.1600(a) and (f) and
3.1604(c) and (d)(1)(i) and (5) to provide, in accordance with the
statutory amendments, that States may be paid a plot or interment
allowance on behalf of veterans buried in a state veterans' cemetery
who were eligible for burial in a national cemetery and that the
allowance is payable to States in addition to burial or funeral
expenses to which they are eligible. The amendments to 38 CFR 3.1600
and 3.1604 are applicable to claims for an allowance filed on or after
December 16, 2003.
Section 705(a) of the Veterans Benefits Act of 2003 amended 38
U.S.C. 6105(b)(2), Forfeiture for subversive activities, by adding
certain offenses under title 18, United States Code, for which an
individual forfeits his or her right to gratuitous benefits under the
laws administered by the Secretary of Veterans Affairs. Section
6105(b)(2) as amended by the Veterans Benefits Act of 2003 applies to
claims filed on or after December 17, 2003. Public Law 108-183, Sec.
705(b), 117 Stat. 2672. VA's regulation regarding forfeiture of VA
benefits for subversive activities is 38 CFR 3.903. This document
amends Sec. 3.903(a) to reflect the statutory change by adding 18
U.S.C. 175, 229, 831, 1091, 2332a, and 2332b to the current list of 18
U.S.C. sections cited in the regulation.
Section 708(c) of the Veterans Benefits Act of 2003 amended various
sections of title 38 of the United States Code to reflect the
establishment of the Social Security Administration as an independent
agency by replacing references to the Secretary of Health and Human
Services with references to the Commissioner of Social Security, and
striking ``Department of Health and Human Services'' and inserting
``Social Security Administration'' each time it appears in the
provisions. This document amends 38 CFR 3.152(a), 3.153, and 3.714(f)
to reflect the statutory changes.
In a similar manner, this document amends 38 CFR 3.1(g)(4), to
reflect that the Coast Guard is now under the jurisdiction of the
Secretary of Homeland Security, not the Secretary of Transportation.
See Homeland Security Act of 2002, Public Law 107-296, Sec. 1704(d),
116 Stat. 2135, 2314. The authorizing statute for Sec. 3.1(g)(4) is 38
U.S.C. 101(25)(D), which was amended by section 1704(d) of Public Law
107-296 to reflect that the Coast Guard is under the jurisdiction of
the Secretary of Homeland Security. To ensure consistency with section
101(25)(D), we are amending the corresponding regulation, Sec.
3.1(g)(4).
Section 301 of the Veterans Benefits Improvement Act of 2004
amended 38 U.S.C. 1311, Dependency and indemnity compensation to a
surviving spouse, by adding subsection (e), which provides for a $250
increase in the monthly rate of dependency and indemnity compensation
to which a surviving spouse with one or more children below the age of
18 is otherwise entitled. The increased rate is payable for the two-
year period beginning on the date on which entitlement to dependency
and indemnity compensation commenced. The increase ceases the first
month after the month in which all children of the surviving spouse
have attained the age of 18. The increase in dependency and indemnity
compensation under section 1311(e) is applicable to payments beginning
January 1, 2005. Public Law 108-454, Sec. 301, 118 Stat. 3610. This
document amends Sec. 3.10(e) by adding Sec. 3.10(e)(4) to reflect the
statutory change.
We note that the Veterans Benefits Act of 2003 added a different
subsection (e) to section 1311 than the subsection (e) added by the
Veterans Benefits Improvement Act of 2004. There is no indication that
Congress intended to replace section 1311(e) as added by the Veterans
Benefits Act of 2003 with section 1311(e) as added by the Veterans
Benefits Improvement Act of 2004, and for the purposes of this
rulemaking document, VA assumes that Congress intended to include both
paragraphs designated as subsection (e) in the statute.
Section 302(a) of the Veterans Benefits Improvement Act of 2004
amended 38 U.S.C. 1112(c) to provide that a radiation-exposed veteran's
receipt of a payment under the Radiation Exposure Compensation Act of
1990 as amended (42 U.S.C. 2210 note) (RECA) does not deprive such a
veteran of receipt of VA compensation. Section 302(b) of the Veterans
Benefits Improvement Act of 2004 amended 38 U.S.C. 1310, Deaths
entitling survivors to dependency and indemnity compensation, to
provide that a person's receipt of a RECA payment does not deprive the
person of receipt of dependency and indemnity compensation. However,
the statutory amendment also provides for an offset of RECA payments
against VA compensation awarded pursuant to 38 U.S.C. 1112(c)(1) and
dependency and indemnity compensation. The statutory changes are
applicable to compensation and dependency and indemnity compensation
payments for months beginning after March 26, 2002. Public Law 108-454,
Sec. 302(c), 118 Stat. 3610.
VA's regulation regarding RECA is 38 CFR 3.715. This document
amends Sec. 3.715 by adding paragraph (a)(1), which states that a RECA
payment to a ``radiation-exposed veteran,'' as defined in 38 CFR
3.309(d)(3), does not bar payment of VA compensation to the veteran for
months beginning after March 26, 2002. New Sec. 3.715(b) provides that
a person's receipt of a RECA payment does not bar the person's receipt
of dependency and indemnity compensation for months beginning after
March 26, 2002. Also, Sec. 3.715(c) states: ``Notwithstanding
paragraph (a) or (b), the amount of a RECA payment will be deducted
from the amount of compensation payable pursuant to Sec. 3.309(d) or
the amount of dependency and indemnity compensation payable.''
We have made one further amendment to 38 CFR 3.715 to correct an
inconsistency with RECA, as amended. Section 6(e) of RECA states that,
``[e]xcept as otherwise authorized by law, the acceptance of payment by
an individual under this section shall be in full satisfaction of all
claims of or on behalf of that individual against the United States * *
* that arise out of exposure to radiation, from atmospheric nuclear
testing, in the affected area (as defined in section 4(b)(1)) at any
time during the period described in subsection (a)(1), (a)(2)(A), or
(a)(2)(B) of section 4(a), exposure to radiation in a uranium mine,
mill, or while employed in the transport of uranium ore or
[[Page 44917]]
vanadium-uranium ore from such mine or mill at any time during the
period described in section 5(a) or exposure to radiation as a result
of onsite participation in a test involving the atmospheric detonation
of a nuclear device.'' Currently, 38 CFR 3.715 is broader than RECA.
The RECA statute provides that RECA payments satisfy all further claims
against the United States, including claims for VA compensation,
arising out of exposure to radiation covered by that Act. Section
3.715, however, currently precludes payment of compensation for
disability, no matter what the cause of the disease. We are therefore
amending Sec. 3.715 to make the regulation consistent with statute by
adding paragraph (a)(2) to provide that payment of VA compensation to a
veteran who is not a radiation-exposed veteran is barred only if the
veteran's disability resulted from a disease that is attributable to
exposure to radiation for which payments have been received under RECA.
Section 303 of the Veterans Benefits Improvement Act of 2004
amended 38 U.S.C. 1503, Determinations with respect to annual income,
by adding subsection 1503(a)(11) to exclude lump-sum proceeds of a life
insurance policy on a veteran from consideration as income for pension
purposes. VA's regulation regarding exclusions from income for pension
purposes is 38 CFR 3.272. This document amends Sec. 3.272 by adding
Sec. 3.272(x) to reflect the statutory changes. New Sec. 3.272(x) is
applicable for periods on or after December 10, 2004.
Section 304 of the Veterans Benefits Improvement Act of 2004
amended 38 U.S.C. 1151, Benefits for persons disabled by treatment or
vocational rehabilitation, by adding subsection (c), which states that
a qualifying additional disability under section 1151 shall be treated
as if it were a service-connected disability for purposes of
entitlement to chapter 21 (specially adapted housing) and chapter 39
benefits (automobiles and adaptive equipment). This is an expansion of
the benefits to which persons receiving compensation under section 1151
are entitled. This statutory amendment to 38 U.S.C. 1151 is applicable
with respect to eligibility for these benefits and services on or after
December 10, 2004. Public Law 108-454, Sec. 304(b), 118 Stat. 3611.
VA's regulation regarding automobiles and adaptive equipment is 38
CFR 3.808, Automobiles or other conveyances; certification. This
document therefore amends Sec. 3.808 to reflect the statutory change.
To implement the statutory change, we are amending the introduction and
paragraphs (a) and (b) in Sec. 3.808. While the format of the current
regulation is being amended for ease of use, we are making no
substantive change to the content of the regulation, other than
implementation of the statutory change.
In this rulemaking, however, we are not amending 38 CFR 3.809,
Specially adapted housing under 38 U.S.C. 2101(a), and 3.809a, Special
home adaptation grants under 38 U.S.C. 2101(b), to reflect new 38
U.S.C. 1151(c)(1). We have decided to promulgate a separate rulemaking
that will amend 38 CFR 3.809 and 3.809a to implement section 304 of the
Veterans Benefits Improvement Act of 2004, as well as section 401 of
the 2004 Act, which amended 38 U.S.C. 2101, which provides the
eligibility criteria for chapter 21 benefits. In that rulemaking, we
will also amend relevant regulations in part 36 of title 38, Code of
Federal Regulations, to reflect these statutory amendments.
Section 304(c) of the Veterans Benefits Improvement Act of 2004
amended 38 U.S.C. 1151(b) by adding section 1151(b)(2) to provide that,
where a judgment, settlement, or compromise of a claim specifically
designates a portion of the award for the type of benefits provided
under chapter 21 or 39 of title 38, United States Code, and VA later
awards chapter 21 or 39 benefits, VA may reduce the amount of the
chapter 21 or 39 benefits payable by the amount of benefits
specifically designated for these purposes in the judgment, settlement,
or compromise. Section 1151(b)(2) applies to a judgment, settlement, or
compromise that became final on or after December 10, 2004. Section
1151(b)(2) also states that, if the amount received as a result of the
judgment, settlement, or compromise is greater than the amount of the
chapter 21 or 39 benefits, the excess amount received will be offset
against benefits otherwise payable under 38 U.S.C. chapter 11. This
document amends 38 CFR 3.362, Offsets under 38 U.S.C. 1151(b) of
benefits awarded under 38 U.S.C. 1151 for claims filed on or after
October 1, 1997, by adding Sec. 3.362(e) and 38 CFR 3.800, Disability
or death due to hospitalization, etc. for claims filed before October
1, 1997, by adding Sec. 3.800(a)(4) to reflect the statutory changes
with regard to chapter 39 benefits only. We will amend 38 CFR 3.362 and
3.800 to reflect new 38 U.S.C. 1151(b)(2) and (c)(1) regarding chapter
21 benefits in the separate rulemaking described above.
Section 305 of the Veterans Benefits Improvement Act of 2004
amended 38 U.S.C. 5110, Effective date of awards, by removing the
effective date restriction for death pension in section (d)(2), which
required an application to be received within 45 days from the date of
death for an effective date for an award of death pension to be the
first day of the month in which the death occurred. The amendment
allows the effective date for an award of death pension to be governed
by the same rule as the effective date for an award of death
compensation or dependency and indemnity compensation, which is that,
if an application for death pension is received within one year from
the date of death, the effective date of an award shall be the first
day of the month in which the death occurred. VA's regulation regarding
effective dates is 38 CFR 3.400. This document amends Sec. 3.400(c)(3)
by amending paragraphs (c)(3)(i) and (ii) to reflect the statutory
change. We have determined that amended paragraphs 3.400(c)(3)(i) and
(ii) are applicable to claims filed on or after December 10, 2004, the
effective date of the Veterans Benefits Improvement Act of 2004.
Section 306(b) of the Veterans Benefits Improvement Act of 2004
amended 38 U.S.C. 1112, Presumptions relating to certain diseases and
disabilities, by further defining a ``radiation-risk activity'' in
section 1112(c)(3)(B)(iv) to include service in a capacity which, if
performed as an employee of the Department of Energy, would qualify the
individual for inclusion as a member of the Special Exposure Cohort
under the Energy Employees Occupational Illness Compensation Program
Act of 2000, codified as amended at 42 U.S.C. 7348l(14). The amendment
to section 1112(c)(3)(B) is effective as of March 26, 2002. VA's
regulation regarding diseases subject to presumptive service connection
for radiation-exposed veterans is 38 CFR 3.309(d). This document amends
Sec. 3.309(d)(3)(ii) by adding a new paragraph Sec.
3.309(d)(3)(ii)(E) to reflect the statutory change.
Administrative Procedure Act
This final rule merely restates statutory provisions. Accordingly,
there is a basis for dispensing with prior notice and comment and the
delayed effective date provisions of 5 U.S.C. 553.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
[[Page 44918]]
Regulatory Flexibility Act
The Secretary hereby certifies that this regulatory amendment will
not have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. Only VA beneficiaries could be directly affected.
Therefore, pursuant to 5 U.S.C. 605(b), this amendment is exempt from
the initial and final regulatory flexibility analysis requirements of
sections 603 and 604.
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity). The Order
classifies a rule as a significant regulatory action requiring review
by the Office of Management and Budget if it meets any one of a number
of specified conditions, including: Having an annual effect on the
economy of $100 million or more, creating a serious inconsistency or
interfering with an action of another agency, materially altering the
budgetary impact of entitlements or the rights of entitlement
recipients, or raising novel legal or policy issues. VA has examined
the economic, legal, and policy implications of this final rule and has
concluded that it is a significant regulatory action because it may
raise novel legal or policy issues.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any year. This final rule would have no such effect on
State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Numbers
The Catalog of Federal Domestic Assistance program numbers and
titles for this proposal are 64.100, Automobiles and Adaptive Equipment
for Certain Disabled Veterans and Members of the Armed Forces; 64.101,
Burial Expenses Allowance for Veterans; 64.102, Compensation for
Service-Connected Deaths for Veterans' Dependents; 64.104, Pension for
Non-Service-Connected Disability for Veterans; 64.105, Pension to
Veterans Surviving Spouses, and Children; 64.109, Veterans Compensation
for Service-Connected Disability; and 64.110, Veterans Dependency and
Indemnity Compensation for Service-Connected Death.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Approved: April 25, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
0
For the reasons set forth in the preamble, 38 CFR part 3 is amended as
follows:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Amend Sec. 3.1(g)(4) by removing ``Secretary of Transportation''
and adding, in its place, ``Secretary of Homeland Security''.
0
3. Amend Sec. 3.10 by adding paragraph (e)(4) to read as follows:
Sec. 3.10 Dependency and indemnity compensation rate for a surviving
spouse.
* * * * *
(e) * * *
(4) For a two-year period beginning on the date entitlement to
dependency and indemnity compensation commenced, the dependency and
indemnity compensation paid monthly to a surviving spouse with one or
more children below the age of 18 shall be increased by the amount set
forth in 38 U.S.C. 1311(e), regardless of the number of such children.
The dependency and indemnity compensation payable under this paragraph
is in addition to any other dependency and indemnity compensation
payable. The increase in dependency and indemnity compensation of a
surviving spouse under this paragraph shall cease beginning with the
first month commencing after the month in which all children of the
surviving spouse have attained the age of 18.
(Authority: 38 U.S.C. 1311(e))
* * * * *
Sec. 3.152 [Amended]
0
4. Amend Sec. 3.152(a) by removing ``Secretary of Health and Human
Services'' and adding, in its place, ``Commissioner of Social
Security''.
Sec. 3.153 [Amended]
0
5. Amend Sec. 3.153 by removing ``Secretary of Health, Education, and
Welfare'' and adding, in its place, ``Commissioner of Social
Security''.
0
6. Amend Sec. 3.272 by adding paragraph (x) immediately following the
authority citation at the end of paragraph (w) to read as follows:
Sec. 3.272 Exclusions from income.
* * * * *
(x) Life insurance proceeds. Lump-sum proceeds of any life
insurance policy on a veteran.
(Authority: 38 U.S.C. 1503(a)(11))
0
7. Amend Sec. 3.309 by adding paragraph (d)(3)(ii)(E) immediately
following paragraph (d)(3)(ii)(D)(3) to read as follows:
Sec. 3.309 Disease subject to presumptive service connection.
* * * * *
(d) * * *
(3) * * *
(ii) * * *
(E) Service in a capacity which, if performed as an employee of the
Department of Energy, would qualify the individual for inclusion as a
member of the Special Exposure Cohort under section 3621(14) of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384l(14)).
* * * * *
0
8. Amend Sec. 3.362 by adding paragraph (e) immediately following the
last sentence at the end of paragraph (d) to read as follows:
Sec. 3.362 Offset under 38 U.S.C. 1151(b) of benefits awarded under
38 U.S.C. 1151(a).
* * * * *
(e) Offset of award of benefits under 38 U.S.C. chapter 39. (1) If
a judgment, settlement, or compromise covered in paragraphs (b) through
(d) of this section becomes final on or after December 10, 2004, and
includes an amount that is specifically designated for a purpose for
which benefits are provided under 38 U.S.C. chapter 39 (38 CFR 3.808),
and if VA awards chapter 39 benefits after the date on which the
judgment, settlement, or compromise becomes final, the amount of the
award will be reduced by the amount received under the judgment,
settlement, or compromise for the same purpose.
[[Page 44919]]
(2) If the amount described in paragraph (e)(1) of this section is
greater than the amount of an award under 38 U.S.C. chapter 39, the
excess amount received under the judgment, settlement, or compromise
will be offset against benefits otherwise payable under 38 U.S.C.
chapter 11.
* * * * *
Sec. 3.400 [Amended]
0
9. Amend Sec. 3.400 by:
0
a. In paragraph (c)(3)(i), adding ``or on or after December 10, 2004,''
following ``October 1, 1984,''; and
0
b. In paragraph (c)(3)(ii), removing ``on or after October 1, 1984,''
and adding, in its place, ``between October 1, 1984, and December 9,
2004,''.
0
10. Amend Sec. 3.714(f) by:
0
a. Revising the paragraph heading.
0
b. In the introductory text, by removing ``Department of Health and
Human Services'' and adding, in its place, ``Social Security
Administration''.
The revision reads as follows:
Sec. 3.714 Improved pension elections--public assistance
beneficiaries.
* * * * *
(f) Notification to the Social Security Administration. * * *
* * * * *
0
11. Revise Sec. 3.715 to read as follows:
Sec. 3.715 Radiation Exposure Compensation Act of 1990, as amended.
(a) Compensation. (1) A radiation-exposed veteran, as defined in 38
CFR 3.309(d)(3), who receives a payment under the Radiation Exposure
Compensation Act of 1990, as amended (42 U.S.C. 2210 note) (RECA), will
not be denied compensation to which the veteran is entitled under 38
CFR 3.309(d) for months beginning after March 26, 2002.
(2) A veteran who is not a ``radiation-exposed veteran,'' as
defined in 38 CFR 3.309(d)(3), is not entitled to VA compensation for
disability caused by a disease that is attributable to exposure to
radiation for which the veteran has received a payment under RECA.
(b) Dependency and indemnity compensation. A person who receives a
payment under RECA based upon a veteran's death will not be denied
dependency and indemnity compensation to which the person is entitled
under 38 CFR 3.5 and 3.22 for months beginning after March 26, 2002.
(c) Offset of RECA payment against VA benefits. Notwithstanding
paragraph (a) or (b) of this section, the amount of a RECA payment will
be deducted from the amount of compensation payable pursuant to Sec.
3.309(d) or the amount of dependency and indemnity compensation
payable.
(Authority: 38 U.S.C. 1112(c)(4), 1310(c); 42 U.S.C. 2210 note)
0
12. Amend Sec. 3.800 by adding paragraph (a)(4) to read as follows:
Sec. 3.800 Disability or death due to hospitalization, etc.
* * * * *
(a) * * *
(4) Offset of award of benefits under 38 U.S.C. chapter 39. (i) If
a judgment, settlement, or compromise covered by paragraph (a)(2) of
this section becomes final on or after December 10, 2004, and includes
an amount that is specifically designated for automobile assistance
benefits under 38 U.S.C. chapter 39 (38 CFR 3.808), and if VA awards
chapter 39 benefits after the date on which the judgment, settlement,
or compromise becomes final, the amount of the award will be reduced by
the amount received under the judgment, settlement, or compromise for
the same purpose.
(ii) If the amount described in paragraph (4)(i) of this section is
greater than the amount of an award under 38 U.S.C. chapter 39, the
excess amount received under the judgment, settlement, or compromise
will be offset against benefits otherwise payable under 38 U.S.C.
chapter 11.
(Authority: 38 U.S.C. 1151(b)(2))
* * * * *
0
13. Amend Sec. 3.808 by:
0
a. Removing the introductory text.
0
b. Revising paragraph (a).
0
c. Redesignating the paragraph (b)(1) introductory text as paragraph
(b) introductory text and revising it.
0
d. Removing paragraph (b)(2).
0
e. Redesignating former paragraphs (b)(1)(i) through (b)(1)(iv) as
paragraphs (b)(1) through (b)(4), respectively.
0
f. Removing the authority citations at the end of paragraphs (c) and
(d).
0
g. Adding an authority citation at the end of paragraph (e)(3).
The revisions and addition read as follows:
Sec. 3.808 Automobiles or other conveyances; certification.
(a) Entitlement. A certificate of eligibility for financial
assistance in the purchase of one automobile or other conveyance in an
amount not exceeding the amount specified in 38 U.S.C. 3902 (including
all State, local, and other taxes where such are applicable and
included in the purchase price) and of basic entitlement to necessary
adaptive equipment will be provided to--
(1) A veteran who is entitled to compensation under chapter 11 of
title 38, United States Code, for a disability described in paragraph
(b) of this section; or
(2) A member of the Armed Forces serving on active duty who has a
disability described in paragraph (b) of this section that is the
result of an injury or disability incurred or disease contracted in or
aggravated by active military, naval, or air service.
(b) * * * One of the following must exist:
* * * * *
(e) * * *
(Authority: 38 U.S.C. 501(a), 1151(c)(2), 3902)).
0
14. Amend Sec. 3.903 by:
0
a. Redesignating paragraphs (a)(2) through (a)(4) as paragraphs (a)(3)
through (a)(5), respectively.
0
b. Adding a new paragraph (a)(2).
The addition reads as follows:
Sec. 3.903 Subversive activities.
(a) * * *
(2) In title 18 U.S.C., sections 175, 229, 831, 1091, 2332a, and
2332b, for claims filed on or after December 17, 2003.
* * * * *
0
15. Amend Sec. 3.1600 by:
0
a. In paragraph (a), removing ``Payment'' in the last sentence and
adding, in its place, ``Except as provided in Sec. 3.1604(d)(5),
payment''.
0
b. Revising paragraph (f) introductory text.
0
c. Redesignating paragraphs (f)(1) through (f)(5) as paragraphs
(f)(2)(i) through (f)(2)(v), respectively.
0
d. Adding a new paragraph (f)(1).
0
e. Adding paragraph (f)(2) introductory text.
The revision and additions read as follows:
Sec. 3.1600 Payment of burial expenses of deceased veterans.
* * * * *
(f) Plot or interment allowance. A plot or interment allowance is
payable to the person or entity who incurred the expenses in an amount
not to exceed the amount specified in 38 U.S.C. 2303(b) (or if the
entitlement is under Sec. 3.40 (c) or (d), an amount computed in
accordance with the provisions of Sec. 3.40(c)) if the following
conditions are met:
(1) For claims filed on or after December 16, 2003:
(i) The deceased veteran is eligible for burial in a national
cemetery;
(ii) The veteran is not buried in a national cemetery or other
cemetery under the jurisdiction of the United States;
[[Page 44920]]
(iii) The applicable further provisions of this section and
Sec. Sec. 3.1601 through 3.1610.
(2) For claims filed before December 16, 2003:
* * * * *
0
16. Amend Sec. 3.1604 by:
0
a. Revising the authority citation at the end of paragraph (c).
0
b. Revising paragraph (d)(1)(i).
0
c. Adding paragraph (d)(5) following the authority citation at the end
of paragraph (d)(4).
The revisions and addition read as follows:
Sec. 3.1604 Payment from non-Department of Veterans Affairs sources.
* * * * *
(c) * * *
(Authority: 38 U.S.C. 2303(b)(1)).
(d) * * *
(1) * * *
(i) The plot or interment allowance is payable based on the
deceased veteran's eligibility for burial in a national cemetery (or,
in claims filed prior to December 16, 2003, the deceased veteran's
service). See Sec. 38.620 of this chapter.
* * * * *
(5) A plot or interment allowance may be paid to a state in
addition to a burial allowance under Sec. 3.1600(a) for claims filed
on or after December 16, 2003.
[FR Doc. E6-12787 Filed 8-7-06; 8:45 am]
BILLING CODE 8320-01-P
