Voluntary Service National Advisory Committee; Notice of Meeting, 50869-50870 [E8-19841]
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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Notices
conclusion that those substances,
considered in isolation, are themselves
agents ‘‘known or presumed to be
associated with service in the Southwest
Asia theater of operations during the
Persian Gulf War’’ for purposes of VA’s
duty to establish presumptions of
service connection. Section 1603 of
Public Law 105–277 describes the scope
of NAS’ inquiry. Section 1603(c)(1)
directs NAS to ‘‘identify the biological,
chemical, or other toxic agents,
environmental or wartime hazards, or
preventive medicines or vaccines to
which members of the Armed Forces
who served in the Southwest Asia
Theater of operations during the Persian
Gulf War may have been exposed by
reason of such service.’’ Section 1603(d)
of that statute provides that, in
identifying substances to which Gulf
War veterans ‘‘may have been exposed,’’
NAS will consider, among other things,
oil fire byproducts. In contrast, section
1602 of Public Law 105–277 does not
direct the Secretary to establish
presumptions of service connection for
the health effects of every substance to
which Gulf War veterans ‘‘may have
been exposed,’’ but requires
presumptions only for the health effects
of exposure to substances known or
presumed to be ‘‘associated with’’
service in the Gulf War. Congress used
different language in section 1602 and
1603 of Public Law 105–277, and we
must conclude that the different
language was intended to have different
meanings. See Bank of America
National Trust & Savings Ass’n v. 203
N. LaSalle St. Partnership, 526 U.S. 434,
450 (1999); Russello v. United States,
464 U.S. 16, 23 (1983). Congress
reasonably defined the scope of NAS’
inquiry broadly, to include
consideration of all substances to which
veterans may have been exposed during
the Gulf War, irrespective of whether
the exposures were unique to Gulf War
service or common to all service. In
defining VA’s regulation-writing
obligations, however, Congress
reasonably required VA to establish
presumptions of service connection
only for the health effects of substances
that are ‘‘associated with’’ Gulf War
service. As noted above, that limitation
furthers Congress’ purpose of
establishing presumptions for the
unique health concerns of Gulf War
veterans and also avoids the inequity of
establishing presumptions exclusively
for Gulf War veterans based on
exposures that are common to most
veterans.
Our conclusion that the hydrazines
and combustion products in question, in
isolation, cannot at this time be
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determined to be ‘‘associated with’’ Gulf
War service is not intended to suggest
that they are irrelevant to further
investigations of Gulf War veterans’
health or that they may not in any
circumstance form the basis for
presumptions of service connection
under Public Law 105–277. In the event
future evidence links any illnesses to a
combination of exposures associated
with Gulf War service, whether or not
including exposure to fuels, combustion
products, and propellants, VA may
establish presumptions of service
connections for such illnesses pursuant
to Public Law 105–277.
This determination also in no way
prevents veterans from obtaining service
connection for the health effects
discussed in the NAS report where the
potential for above-normal exposures
was present in service. Under
established current procedures, VA
develops and considers evidence
concerning events or aspects of service
that may contribute to the incurrence of
an illness. Accordingly, if a veteran’s
occupation in service, such as a
firefighter or mechanic, entailed abovenormal exposure to combustion
products, VA will give due
consideration to that unique exposure in
determining whether service connection
is warranted for a health effect known
to be associated with such exposure.
Similarly, if a veteran served in a role
that may have involved exposure to
hydrazines, VA will evaluate that factor
in determining whether service
connection is warranted for a disease
associated with such exposure. These
standards apply to claims by veterans of
any period of service, and are not
dependent upon any presumption of
service connection. A presumption of
service connection is not needed for the
purpose of establishing a link between
exposure to combustion products or
hydrazines and any disease identified in
the NAS report as associated with such
exposures, because those health effects
are generally well known and, in any
event, the NAS report itself provides
significant additional evidence of such
an association. Accordingly, the
determination not to establish a
generally applicable presumption based
on the NAS report will not preclude the
grant of benefits to any individual
whose service entailed the type of
exposure NAS found to be associated
with an increased risk of disease
incurrence.
V. Conclusion
After careful review of the findings of
the 2004 NAS report, ‘‘Gulf War &
Health Vol. 3: Fuels, Combustion
Products, and Propellants,’’ and other
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50869
pertinent information including reports
from DoD on potential exposure of U.S.
service members, the Secretary has
determined that the scientific evidence
presented in the 2004 NAS report and
other information available to the
Secretary indicates that no new
presumption of service connection is
warranted for any of the illnesses
described in the 2004 NAS report.
Approved: August 21, 2008.
James B. Peake,
Secretary of Veterans Affairs.
[FR Doc. E8–19971 Filed 8–27–08; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Voluntary Service National Advisory
Committee; Notice of Meeting
The Department of Veterans Affairs
(VA) gives notice under Public Law 92–
463 (Federal Advisory Committee Act)
that the Executive Committee to the
Department of Veterans Affairs
Voluntary Service (VAVS) National
Advisory Committee (NAC) will meet
October 6–7, 2008, at the Marriott West
Chase, Houston, Texas. The sessions
will begin at 8 a.m. each day and end
at 4:30 p.m. on October 6 and at noon
on October 7. The meeting is open to the
public.
The NAC consists of 63 national
organizations and advises the Secretary,
through the Under Secretary for Health,
on the coordination and promotion of
volunteer activities within VA health
care facilities. The Executive Committee
consists of 18 representatives from the
NAC member organizations.
On October 6, agenda topics will
include: NAC goals and objectives,
minutes of April 2008 NAC meeting,
Veterans Health Administration update,
VAVS update on the Voluntary Service
program’s activities since the 2008 NAC
annual meeting, Parke Board update,
evaluations of the 2008 NAC annual
meeting and plans for the 2009 NAC
annual meeting (to include workshops
and plenary sessions). On October 7,
agenda topics will include:
Recommendations from the 2008 NAC
annual meeting, subcommittee reports,
standard operating procedure revisions,
2010 NAC annual meeting planning,
and new business.
No time will be allocated at this
meeting for receiving presentations from
the public. However, interested persons
may either attend or file statements with
the Committee. Written statements may
be filed either before the meeting or
within 10 days after the meeting and
addressed to: Ms. Laura Balun,
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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Notices
Designated Federal Officer, Voluntary
Service Office (10C2), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420. Ms. Balun
can be contacted by phone at (202) 461–
7300.
Dated: August 21, 2008.
By direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. E8–19841 Filed 8–27–08; 8:45 am]
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[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50869-50870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19841]
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DEPARTMENT OF VETERANS AFFAIRS
Voluntary Service National Advisory Committee; Notice of Meeting
The Department of Veterans Affairs (VA) gives notice under Public
Law 92-463 (Federal Advisory Committee Act) that the Executive
Committee to the Department of Veterans Affairs Voluntary Service
(VAVS) National Advisory Committee (NAC) will meet October 6-7, 2008,
at the Marriott West Chase, Houston, Texas. The sessions will begin at
8 a.m. each day and end at 4:30 p.m. on October 6 and at noon on
October 7. The meeting is open to the public.
The NAC consists of 63 national organizations and advises the
Secretary, through the Under Secretary for Health, on the coordination
and promotion of volunteer activities within VA health care facilities.
The Executive Committee consists of 18 representatives from the NAC
member organizations.
On October 6, agenda topics will include: NAC goals and objectives,
minutes of April 2008 NAC meeting, Veterans Health Administration
update, VAVS update on the Voluntary Service program's activities since
the 2008 NAC annual meeting, Parke Board update, evaluations of the
2008 NAC annual meeting and plans for the 2009 NAC annual meeting (to
include workshops and plenary sessions). On October 7, agenda topics
will include: Recommendations from the 2008 NAC annual meeting,
subcommittee reports, standard operating procedure revisions, 2010 NAC
annual meeting planning, and new business.
No time will be allocated at this meeting for receiving
presentations from the public. However, interested persons may either
attend or file statements with the Committee. Written statements may be
filed either before the meeting or within 10 days after the meeting and
addressed to: Ms. Laura Balun,
[[Page 50870]]
Designated Federal Officer, Voluntary Service Office (10C2), Department
of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Ms.
Balun can be contacted by phone at (202) 461-7300.
Dated: August 21, 2008.
By direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. E8-19841 Filed 8-27-08; 8:45 am]
BILLING CODE 8320-01-M
