Herbicide Exposure and Veterans With Covered Service in Korea, 36640-36648 [E9-17035]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Proposed Rules]
[Pages 36640-36648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17035]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 3, 17, and 21

RIN 2900-AN27


Herbicide Exposure and Veterans With Covered Service in Korea

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
adjudication, medical, and vocational rehabilitation and employment 
regulations to incorporate relevant provisions from the Veterans 
Benefits Act of 2003. Specifically, this document proposes to amend 
VA's regulations regarding herbicide exposure of certain veterans who 
served in or near the Korean demilitarized zone and regulations 
regarding spina bifida in their children. It also proposes to amend 
VA's medical regulations by correcting the Health Administration 
Center's hand-delivery address.

DATES: Comments must be received by VA on or before September 22, 2009.

ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to the Office of General 
Counsel (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., 
Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments 
should indicate that they are submitted in response to ``RIN 2900-
AN27--Herbicide Exposure and Veterans with Covered Service in Korea.'' 
Copies of comments received will be available for public inspection in 
the Office of General Counsel, Room 1063B, between the hours of 8 a.m. 
and 4:30 p.m., Monday through Friday (except holidays). Please call 
(202) 461-4902 for an appointment. (This is not a toll-free number.) In 
addition, during the comment period, comments may be viewed online 
through the Federal Docket Management System (FDMS) at https://www.Regulations.gov.

[[Page 36641]]


FOR FURTHER INFORMATION CONTACT: For information on the provisions 
regarding monetary allowance, contact Thomas Kniffen, Chief, 
Regulations Staff (211D), Compensation and Pension Service, Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420, (202) 461-9725; for information on 
the provisions regarding health care benefits, contact Richard M. 
Trabert, Policy Management Division, VA Health Administration Center, 
P.O. Box 469065, Denver, CO 80246-9065, (303) 331-7549; for information 
regarding provisions on vocational rehabilitation and employment, 
contact Alvin Bauman, Senior Policy Analyst, Vocational Rehabilitation 
and Employment Service (28), Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420, (202) 461-9613. (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: The Veterans Benefits Act of 2003, Public 
Law 108-183, amended sections of Title 38 of the United States Code, 
which address veterans' benefits law. To ensure compliance with 
statutory changes, VA proposes to amend its regulations pertaining to 
benefits based on herbicide exposure to include veterans who served in 
or near the Korean demilitarized zone (DMZ) during certain periods and 
children of such veterans born with spina bifida.

I. Herbicide Exposure

    Section 102 of the Veterans Benefits Act of 2003 amended 38 U.S.C. 
chapter 18 to provide benefits (health care, monetary allowance, 
vocational training, and education) for spina bifida in children of 
certain veterans who served in Korea. The statutory provisions, 
codified at 38 U.S.C. 1821, apply to the children of veterans who are 
determined by VA, in consultation with the Secretary of Defense, to 
have been exposed to an herbicide agent during that service. Section 
1821 describes parameters governing the time and location of a 
veteran's service that may result in a child's eligibility for 
benefits. Section 1821 further provides that VA will consult with the 
Secretary of Defense to determine whether herbicide exposure occurred 
within those prescribed time periods and geographic parameters. The 
statutory provisions apply to all forms and manifestations of spina 
bifida, except spina bifida occulta.
    The statutory change at 38 U.S.C. 1821 authorizes recognition of 
herbicide exposure for ``certain Korea service veterans'' for purposes 
of providing benefits to a child born to them with spina bifida. Under 
the statute, those veterans must have served ``in or near'' the Korean 
DMZ as determined by VA in consultation with the Department of Defense 
(DoD) between September 1, 1967, and August 31, 1971, and must be found 
by VA, in consultation with DoD, to have been exposed to an herbicide 
agent during such service. Even if a veteran served in or near the DMZ 
within the specified time period, the statute requires VA to determine 
whether the veteran was exposed to herbicides during such service. 
Accordingly, the statute does not establish or require VA to establish 
a presumption of herbicide exposure based on service in or near the 
Korean DMZ. However, we believe that the statute, along with VA's 
general authority under 38 U.S.C. 501 to establish all necessary and 
appropriate regulations, provides VA with authority to establish 
presumptions of exposure where a reasonable basis exists for such 
presumptions. As explained below, VA proposes to presume herbicide 
exposure for certain veterans who served within the time periods and 
geographic locations described by the statute.
    To implement the requirements of the statute, VA consulted with DoD 
regarding the times and locations of herbicide use in or near the 
Korean DMZ. The Korean demilitarized zone (DMZ) is a strip of land 
running across the Korean Peninsula that separates North Korea from 
South Korea and serves as a buffer zone between the two countries. The 
DMZ cuts the Korean Peninsula roughly in half following the geographic 
38th parallel north latitude and is approximately 155 miles long and 
2.5 miles wide. It became a de facto border following World War II as 
the demarcation line between the northern Soviet-controlled Democratic 
People's Republic of Korea and the southern United Nations-controlled 
Republic of Korea. When an attacking North Korean military force 
crossed the DMZ on June 25, 1950, United States and United Nations 
troops came to the aid of South Korea and the Korean War commenced. A 
ceasefire agreement was signed on July 27, 1953, which established the 
current DMZ buffer zone between North and South Korea. No peace treaty 
was ever signed and the two Koreas remain technically at war. The 
United States established a permanent contingent of troops on the DMZ 
to support South Korea. As military involvement in Vietnam escalated 
during the late 1960s, tensions along the DMZ increased and additional 
United States troops were sent to South Korea. Sporadic combat between 
the opposing forces occurred, primarily within the DMZ buffer zone. 
Following the Vietnam era, tensions decreased between the two Koreas, 
but the DMZ remains the most heavily armed border area in the world.
    DoD has advised that herbicides were not applied within the DMZ, 
but were applied in some adjacent areas. Specifically, DoD has reported 
that herbicides were applied between April 1968 and July 1969 along a 
strip of land 151 miles long and up to 350 yards wide along the 
southern edge of the DMZ north of the civilian control line. The 
herbicide agents were applied through hand spraying and hand 
distribution of pelletized herbicides. There was no aerial spraying. 
DoD also has provided VA a list of the military units that are 
currently known to have operated in that area during the period that 
herbicides were applied.
    Based on this information, we propose to presume herbicide exposure 
for any veteran who served between April 1968 and July 1969 in a unit 
determined by VA and DoD to have operated in an area in or near the 
Korean DMZ in which herbicides were applied.
    There is no record that herbicide agents were sprayed in the DMZ 
itself. Nevertheless, we propose to include the word ``in'' before ``or 
near'' in these regulations, for two reasons. First, we want to ensure 
that our regulations are consistent with Sec.  1821, as amended. 
Second, if evidence arises in the future indicating that herbicide 
agents were applied in the DMZ, this rule would allow VA to provide 
benefits without having to amend its regulations.
    The criterion we propose to use for purposes of the presumption of 
exposure is that the veteran was assigned to a particular listed 
military unit within the prescribed time frame. Recognition of being 
exposed to herbicides ``in or near'' the DMZ, for an individual 
veteran, is based on service in one of the particular units 
acknowledged by DoD and VA as having performed missions near the DMZ 
during the period herbicides were used (April 1968 through July 1969). 
These units were assigned or rotated to areas near the DMZ during that 
time period. These included Infantry, Armor, and Artillery units. 
Because DoD and VA may recognize additional units in the future based 
on additional information or evidence, we will not list the units in 
the regulation. VA has provided a list of currently recognized units to 
VA adjudicators in VA's procedural manual as an administrative 
reference. Additionally, if a veteran asserts that he or she was in or 
near the DMZ during

[[Page 36642]]

the specified time period and VA has not already determined the 
veteran's unit to be one that was in or near the DMZ sometime between 
April 1, 1968, and July 31, 1969, VA will develop further evidence to 
verify that assertion.
    The specific units that DoD identified that served in areas along 
the DMZ in Korea where herbicides were used between April 1968 and July 
1969 are: Combat Brigades of the 2nd and 7th Infantry Divisions: 1st 
Battalion, 9th Infantry; 2nd Battalion, 9th Infantry; 1st Battalion, 
17th Infantry; 2nd Battalion, 17th Infantry; 1st Battalion, 23rd 
Infantry; 2nd Battalion, 23rd Infantry; 3rd Battalion, 23rd Infantry; 
1st Battalion, 31st Infantry; 2nd Battalion, 31st Infantry; 1st 
Battalion, 32nd Infantry; 2nd Battalion, 32nd Infantry; 3rd Battalion, 
32nd Infantry; 1st Battalion, 38th Infantry; 2nd Battalion, 38th 
Infantry; 4th Battalion, 7th Cavalry; 2nd Battalion, 10th Cavalry; 1st 
Battalion, 72nd Armor; 2nd Battalion, 72nd Armor; 1st Battalion, 12th 
Artillery; 1st Battalion, 15th Artillery; 7th Battalion, 17th 
Artillery; 6th Battalion, 37th Artillery; 5th Battalion, 38th 
Artillery.
    Service records may show that the above units were assigned to 
either the 2nd or 7th Infantry Division.
    Additional units: 13th Engineer Battalion; United Nations Command 
Security Battalion-Joint Security Area (UNCSB-JSA); Crew of the USS 
Pueblo.
    If a veteran served in or near the Korean DMZ during the period 
between September 1, 1967, and August 31, 1971, but not within the time 
periods and geographic locations that would qualify for a presumption 
of exposure under this proposed rule, such service would qualify for 
benefits under 38 U.S.C. 1821 only if VA determines that the veteran 
was actually exposed to herbicides during such service. Based on the 
information provided by DoD to date, it appears unlikely that exposure 
would have occurred outside the dates and locations that would be 
covered by the presumption of exposure under this proposed rule. 
Nonetheless, the proposed rule would incorporate the statutory 
provisions in section 1821 in order to make clear that the presumption 
of exposure does not foreclose claims based on other service that is 
within the dates and locations covered by the statute.
    Currently, 38 CFR 3.814 specifies the criteria for eligibility for 
a monetary allowance to children of Vietnam veterans who are suffering 
from spina bifida. Regulations in parts 17 and 21 of title 38, Code of 
Federal Regulations, authorize health care and vocational 
rehabilitation and training to individuals who meet the eligibility 
requirements of Sec.  3.814. We propose to revise Sec.  3.814 to 
provide criteria for eligibility for children of veterans with covered 
service in Korea who are suffering from spina bifida. As explained 
above, we propose to define ``covered service in Korea'' consistent 
with the statutory criteria set forth in 38 U.S.C. 1821(c), requiring 
that the veterans have served in or near the Korean DMZ between 
September 1, 1967, and August 21, 1971, and have been determined by VA, 
in consultation with DoD, to have been exposed to an herbicide agent 
during such service. To implement the proposed presumption of exposure 
discussed above, we propose to state that exposure to an herbicide 
agent will be conceded if the veteran served between April 1, 1968, and 
July 31, 1969, in a unit determined by VA and DoD to have operated in 
the area where herbicides are known to have been applied during that 
period.
    Section 3.307 is VA's regulation regarding presumptive service 
connection for purposes of disability compensation to veterans and 
dependency and indemnity compensation to their survivors. We propose to 
add at new Sec.  3.307(a)(6)(iv) a presumption of herbicide exposure 
based on service in or near the Korean DMZ identical to the presumption 
proposed for purposes of benefits to a veteran's child under 38 U.S.C. 
1821. Because VA is providing statutorily authorized benefits to 
children with spina bifida of such veterans, we believe it is logical 
and fair to provide benefits to these veterans themselves based on 
their exposure to herbicide agents. We, therefore, propose that these 
veterans be eligible for the presumption of exposure to herbicide 
agents.
    There is currently no specific statutory authority for providing a 
presumption of exposure to herbicide agents to veterans who served in 
Korea. However, such a presumption would comport with known facts and 
congressional intent and is within VA's general rulemaking authority 
under 38 U.S.C. 501. It would be illogical to conclude that the 
children with spina bifida of the covered veterans have the disability 
due to the veteran's exposure to herbicide agents, but not to presume 
that the veteran himself was exposed to herbicide agents and merits VA 
benefits for any disabilities associated with that exposure. We have 
determined that the proposed presumption will be beneficial to veterans 
and will promote fairness, consistency, and efficiency in VA decision 
making.

II. Monetary Allowance

Spina Bifida Benefits

    The statutory provisions regarding spina bifida at section 1821 
state that the child should be provided a monetary allowance ``as if 
such child of a veteran with covered service in Korea were a child of a 
Vietnam veteran who is suffering from spina bifida under [subchapter I 
of chapter 18].'' Section 1805 of title 38, United States Code, 
authorizes a monthly monetary allowance to the child of a Vietnam 
veteran suffering from spina bifida. The current regulation regarding 
payment for an individual suffering from spina bifida under 38 U.S.C. 
chapter 18, subchapter I, is 38 CFR 3.814, Monetary allowance under 38 
U.S.C. chapter 18 for an individual suffering from spina bifida whose 
biological father or mother is or was a Vietnam veteran. We propose to 
amend the title of Sec.  3.814 to include the children of veterans of 
covered service in Korea and amend Sec.  3.814(a) to include those 
individuals suffering from spina bifida whose biological father or 
mother had covered service in Korea. We propose to redesignate the 
definitions in Sec.  3.814(c) to add a description of ``Covered service 
in Korea'' in Sec.  3.814(c)(2). Section 3.814(c)(1) is the definition 
of ``Vietnam veteran;'' therefore, it is logical to include covered 
service in Korea as the next definition, (c)(2). We propose to 
redesignate current Sec.  3.814(c)(2), ``Individual,'' and (c)(3), 
``Spina bifida,'' as Sec.  3.814(c)(3) and (c)(4) respectively. Current 
Sec.  3.814(c)(2), ``Individual,'' which we have proposed to 
redesignate as Sec.  3.814(c)(3), refers to Vietnam veterans only. We 
propose to amend redesignated Sec.  3.814(c)(3) by expanding the 
language to include veterans with covered service in Korea.

Conforming Amendments

    We also propose to amend several regulations that contain 
references to benefits under 38 U.S.C. chapter 18 for children with 
spina bifida of Vietnam veterans. We propose to amend these regulations 
to include the children of veterans with covered service in Korea, so 
that they are eligible for the same benefits as children of Vietnam 
veterans. In the regulations related to benefits for spina bifida, we 
will continue to use the language ``certain individuals who are 
children of * * *'' as the statutes in chapter 18 refer to benefits for 
``individuals'' and provide the definition that child refers to an 
individual regardless of age or marital status. We, additionally, have 
a similar definition in 38 CFR 3.814 and 3.815.

[[Page 36643]]

    The regulations we are amending to conform with the amendments to 
38 U.S.C. chapter 18 include: 38 CFR 3.27 (which addresses the 
automatic adjustment of VA benefit rates); Sec.  3.29(c) (which 
addresses rounding of VA benefit rates); Sec.  3.31 (which addresses 
commencement of a period of payment); Sec.  3.105(g) (which covers 
revision of decisions); Sec.  3.114(a) (which addresses the effective 
date of certain awards based on a change of law or VA issue); Sec.  
3.261(a)(40) (which covers character of income and whether the income 
is included or excluded for VA dependency and pension purposes); Sec.  
3.262(y) (which covers evaluation of income for VA dependency and 
pension purposes); Sec.  3.263(g) (which addresses what is considered 
in determining the corpus of an estate for VA dependency purposes and 
the net worth of a veteran, surviving spouse, or child for VA pension 
purposes); Sec.  3.272(u) (which addresses exclusions for countable 
income for the purposes of determining entitlement to VA improved 
pension); and Sec.  3.275(i) (which addresses the criteria for 
evaluating net worth for the purposes of determining the corpus of 
estate or net worth of a veteran, surviving spouse, or child for VA 
pension purposes).
    Title 38 CFR 3.403 addresses the effective date of awards of 
benefits for children, including monetary allowances under 38 U.S.C. 
chapter 18. Section 3.403(b) covers monetary allowances under 38 U.S.C. 
1805 for an individual suffering from spina bifida who is a child of a 
Vietnam veteran as specified in that statute and includes the effective 
date of when these benefits were first available, October 1, 1997. 
Section 3.403(c) covers monetary allowances under 38 U.S.C. 1815 for an 
individual suffering from a covered birth defect who is a child of a 
woman Vietnam veteran as specified in that statute and includes the 
effective date when these benefits were first available, December 1, 
2001. Therefore, we propose to add new Sec.  3.403(d), for children 
covered under new section 1821. We will use the same general effective 
date language as in Sec.  3.403(b) and (c), which follow VA's statute 
addressing effective dates for benefits, 38 U.S.C. 5110, and we will 
add that the award of benefits can be no earlier than the effective 
date of the statute, December 16, 2003.
    As discussed below, certain sections of section 5110 apply to 
chapter 18 benefits, under 38 U.S.C. 1832(b). In relevant part, these 
are as follows: section 5110(a) (describing the general effective date 
rule, which is that an award is effective in accordance with facts 
found, but not earlier than the date of receipt of application); 
section 5110(b)(2) (noting that the effective date of an award for 
increased compensation is the earliest date the increased disability 
occurred, if the application is received within 1 year from such date); 
and section 5110(i) (noting that the effective date for reopened claims 
allowed on the basis of correction of military records will be the date 
the application was filed for correction or the date the disallowed 
claim was filed, whichever is later, but the retroactive benefits will 
be no more than 1 year prior to the date of the reopened claim).
    Not specifically applicable to chapter 18 benefits, but included in 
Sec.  3.403(b) and (c), is section 5110(n), which states that the 
effective date of the award of any benefits based on marriage, birth, 
or adoption of a child, shall be the date of the event if proof of such 
event is received by the Secretary within 1 year of the date of the 
marriage, birth, or adoption. Since chapter 18 benefits are for 
children, we presume it is the intent of the statutes that section 
5110(n) applies for chapter 18 awards. Therefore, we propose to include 
this relevant effective date provision in new Sec.  3.403(d) for awards 
for children with spina bifida of veterans with covered service in 
Korea, based on the wording of Sec.  3.403(c).
    Unrelated to the provisions of the Veterans Benefits Act of 2003, 
Public Law 108-183, we noted while preparing this rulemaking that 
certain effective date provisions in Sec.  3.403(c) are not included in 
Sec.  3.403(b), and we propose to correct these omissions here. 
Therefore, we propose to amend Sec.  3.403(b) to add the relevant 
provisions and to provide a reference to Sec.  3.814(e). We also 
propose in new Sec.  3.403(d) to use language about effective dates 
that VA uses in its effective date regulations, to be consistent with 
those regulations. This regulatory language is plainer than the 
statutory language; for example, we propose to use the term ``date 
entitlement arose'' instead of the statutory language ``in accordance 
with the facts found.'' Additionally, we noted that Sec.  3.814(e) does 
not include the information regarding the effective date of birth, if 
the claim is received within 1 year of that date. Therefore, we propose 
to add it to be consistent with the other effective date provision for 
children with birth defects (Sec.  3.815(i)).
    Section 3.503(b) addresses the effective date of reduction and 
discontinuance of monetary allowance under 38 U.S.C. chapter 18 for 
certain individuals. We propose to amend it to add the children with 
spina bifida of veterans with covered service in Korea.

Authority Citations

    We, additionally, propose to use this rulemaking to revise several 
authority citations in 38 CFR part 3 to chapter 18 sections that have 
been repealed and redesignated. Public Law 106-149, the Veterans 
Benefits and Health Care Improvement Act of 2000, November 1, 2000, 
repealed 38 U.S.C. 1806. Section 1806 addressed effective dates for 
chapter 18. This section was recodified by the Public Law at section 
1822. Section 1822 provided that 38 U.S.C. 5110, regarding effective 
dates, applies to chapter 18 benefits.
    Subsequently, Public Law 108-183, which we are implementing in this 
rulemaking, added new section 1821, and redesignated prior sections 
1821, 1822, 1823, and 1824, as new sections 1831, 1832, 1833, and 1834, 
respectively.
    Therefore, we propose to remove the references to old section 1821 
and replace them with a reference to section 1831; remove the 
references to section 1822 and replace them with a reference to section 
1832; remove the references to section 1823 and replace them with a 
reference to section 1833; and remove the references to section 1824 
and replace them with a reference to 1834 in the authority citations in 
Sec. Sec.  3.31, 3.105, 3.114, 3.216, 3.261, 3.262, 3.263, 3.403, 
3.503, 3.814, and 3.815 as applicable.
    In addition, we propose to add references to new section 1821 in 
the authority citations in Sec. Sec.  3.27, 3.29, 3.31, 3.105, 3.114, 
3.307, 3.403, and 3.814 as applicable.
    There is additionally an extraneous authority citation at the end 
of 38 CFR 3.403, which reads, ``(Authority: 38 U.S.C. 1806, 5110(n); 
sec. 422(c), Pub. L. 104-204, 110 Stat. 2926)''. For the following 
reasons, we now propose to remove that citation. The citation to 38 
U.S.C. 1806 is inappropriate because that section has been repealed. 
The citation to 38 U.S.C. 5110(n) is unnecessary because it is already 
cited as authority to paragraph (a)(3). The citation to Public Law 104-
204 is unnecessary because it has already been codified in 38 U.S.C. 
1832 and 5110, both of which we propose to add in the authority 
citations for Sec.  3.403(b), (c), and proposed (d). For the same 
reason, we propose to remove the citation to Public Law 104-204 from 
the authority citation to paragraph (b).

III. Health Care Benefits

    In addition to amending VA regulations concerning the monetary 
allowance, this document also proposes to amend VA regulations in 38 
CFR part 17 concerning health care benefits for

[[Page 36644]]

children with spina bifida. By the terms of 38 U.S.C. 101(2), 1802-
1803, 1811-1813, and 1821, VA will provide the child of a Vietnam 
veteran or veteran with covered service in Korea, who has been 
determined under Sec.  3.814 or Sec.  3.815 of this title to suffer 
from spina bifida with such health care as the Secretary determines is 
necessary.
    In 38 CFR 17.900, Definitions, we propose to add a reference to the 
children of veterans with covered service in Korea. Further, we propose 
to amend Sec.  17.901 and the Note following this section to conform to 
the requirements of section 408 of Public Law 110-387, the ``Veterans' 
Mental Health and Other Care Improvements Act of 2008,'' by removing 
all language that limits the health care benefit available to covered 
children born with spina bifida to only health care that is needed to 
treat spina bifida and associated conditions. As revised, Sec.  
17.901(a) will allow VA to furnish comprehensive health care to 
beneficiaries born with spina bifida. We also propose to make a 
technical correction to Sec.  17.901(b) by removing an errant reference 
to spina bifida in the first sentence. We also propose to update 
mailing information for the Health Administration Center for claims 
submitted by or on behalf of spina bifida beneficiaries and 
beneficiaries with other covered birth defects.
    The 2008 statutory amendments referenced above likewise necessitate 
making conforming amendments to Sec.  17.902. We also propose to change 
``benefits advisor'' in the first paragraph to reflect a recent change 
in the position title.

Authority Citations

    We, additionally, propose to revise several authority citations in 
38 CFR part 17 to chapter 18 sections that have been repealed and 
redesignated. Public Law 108-183, which we are implementing in this 
rulemaking, added new section 1821 and redesignated then section 1821 
as new section 1831.
    Therefore, we propose to remove the references to old section 1821 
and replace them with a reference to section 1831 in the authority 
citations in Sec. Sec.  17.900, 17.901, 17.902, 17.903, 17.904, and 
17.905, as applicable. In addition, references to new section 1821 have 
been added in the authority citations in Sec. Sec.  17.900 and 17.901, 
as applicable.

IV. Vocational Rehabilitation and Employment

    In addition to amending VA regulations concerning the monetary 
allowance and health care, we also propose to amend certain sections of 
subpart M of part 21 of title 38 CFR that govern VA's provision of 
vocational training and rehabilitation to certain veterans' children to 
conform with the revisions proposed to be made in part 3 of that title 
affecting other benefits and services authorized under 38 U.S.C. 
chapter 18. In Sec.  21.8010, we propose to cross reference 38 CFR 
3.814 to define the term ``Veteran with covered service in Korea'' and 
make other conforming amendments to that section consistent with the 
revisions proposed to be made in part 3.

Conforming Amendments

    We also propose to amend other part 21 regulations that contain 
references to benefits under 38 U.S.C. chapter 18 for children of 
Vietnam veterans.
    The regulations we are amending to conform with the amendments to 
38 U.S.C. chapter 18 include 38 CFR 21.8010(a) (which lists the 
definitions for ``eligible child'' and ``spina bifida''), Sec.  21.8012 
(which covers evaluation of a child with spina bifida for vocational 
training purposes), and Sec.  21.8014 (which covers the procedure and 
time limit for filing an application to apply for participation in a 
vocational training program for a child with spina bifida).

Authority Citations

    We additionally propose to revise several authority citations in 38 
CFR part 21 to chapter 18 sections that have been repealed and 
redesignated.
    Public Law 108-183, which we are implementing in this rulemaking, 
added new section 1821, and redesignated then sections 1821, 1822, and 
1824, as new sections 1831, 1832, and 1834, respectively.
    Therefore, we propose to remove the references to old section 1821 
and replace them with a reference to section 1831; remove the 
references to section 1822 and replace them with a reference to section 
1832; and remove the references to section 1824 and replace them with a 
reference to 1834 in the authority citations in Sec. Sec.  21.8010, 
21.8014, 21.8016, and 21.8022, as applicable.
    In addition, references to new section 1821 have been added in the 
authority citations in Sec. Sec.  21.8010, 21.8012, and 21.8014, as 
applicable.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would 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 et seq. This proposed rule will directly affect only 
individuals and will not directly affect small entities. Therefore, 
pursuant to 5 U.S.C. 605(b), this proposed rule 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 Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (OMB) unless OMB waives such 
review, as any regulatory action that is likely to result in a rule 
that may: (1) Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this proposed rule has been examined and it has been 
determined to be a significant regulatory action under the Executive 
Order because it is likely to result in a rule that may raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.

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

[[Page 36645]]

governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any year. This 
proposed rule would have no such effect on State, local, and tribal 
governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this proposal are 64.008, Veterans Domiciliary Care; 64.009, 
Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 
64.011, Veterans Dental Care; 64.012, Veterans Prescription Service; 
64.013, Veterans Prosthetic Appliances; 64.014, Veterans State 
Domiciliary Care; 64.015, Veterans State Nursing Home Care; 64.016, 
Veterans State Hospital Care; 64.019, Veterans Rehabilitation-Alcohol 
and Drug Dependence; 64.022, Veterans Home Based Primary Care; 64.026, 
Veterans State Adult Day Health Care; 64.100, Automobiles and Adaptive 
Equipment for Certain Disabled Veterans and Members of the Armed 
Forces; 64.101, Burial Expenses Allowance for Veterans; 64.106, 
Specially Adapted Housing for Disabled Veterans; 64.109, Veterans 
Compensation for Service-Connected Disability; 64.110, Veterans 
Dependency and Indemnity Compensation for Service-Connected Death; 
64.115, Veterans Information and Assistance; 64.118, Veterans Housing-
Direct Loans for Certain Disabled Veterans; 64.127, Monthly Allowance 
for Children of Vietnam Veterans Born with Spina Bifida; and 64.128, 
Vocational Training and Rehabilitation for Vietnam Veterans' Children 
with Spina Bifida or Other Covered Birth Defects.

List of Subjects

38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Veterans, Vietnam.

38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs--health, Grant programs--veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing homes, Philippines, Reporting 
and recordkeeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, Education, 
Employment, Grant programs--education, Grant programs--veterans, Health 
care, Loan programs--education, Loan programs--veterans, Manpower 
training programs, Reporting and recordkeeping requirements, Schools, 
Travel and transportation expenses, Veterans, Vocational education, 
Vocational rehabilitation.

    Approved: April 1, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

    For the reasons set out in the preamble, VA proposes to amend 38 
CFR chapter I as follows:

PART 3--ADJUDICATION

    1. The authority citation for part 3, subpart A continues to read 
as follows:

    Authority:  38 U.S.C. 501(a), unless otherwise noted.

    2. Amend Sec.  3.27(c) by:
    a. Revising the paragraph heading.
    b. Revising the authority citation at the end of the paragraph.
    The revisions read as follows:


Sec.  3.27  Automatic adjustment of benefit rates.

* * * * *
    (c) Monetary allowance under 38 U.S.C. chapter 18 for certain 
individuals who are children of Vietnam veterans or children of 
veterans with covered service in Korea. * * *


(Authority: 38 U.S.C. 1805(b)(3), 1815(d), 1821, 5312)


* * * * *
    3. Amend Sec.  3.29(c) by:
    a. Removing ``who are children of Vietnam veterans'' and adding, in 
its place, ``who are children of Vietnam veterans or children of 
veterans with covered service in Korea''.
    b. Revising the authority citation at the end of the section.
    The revision reads as follows:


Sec.  3.29  Rounding.

* * * * *
    (c) * * *

(Authority: 38 U.S.C. 1805(b)(3), 1815(d), 1821, 5312)


    4. Amend Sec.  3.31:
    a. In the introductory paragraph, by removing ``who is a child of a 
Vietnam veteran'' and adding, in its place, ``who is a child of a 
Vietnam veteran or a child of a veteran with covered service in 
Korea''.
    b. By revising the authority citation at the end of the section.
    The revision reads as follows:


Sec.  3.31  Commencement of the period of payment.

* * * * *

(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5111)


    5. Amend Sec.  3.105(g) by:
    a. Revising the paragraph heading.
    b. Revising the authority citation at the end of the paragraph.
    The revisions read as follows:


Sec.  3.105  Revision of decisions.

* * * * *
    (g) Reduction in evaluation--monetary allowance under 38 U.S.C. 
chapter 18 for certain individuals who are children of Vietnam veterans 
or children of veterans with covered service in Korea. * * *

(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5112(b)(6))

* * * * *
    6. Amend Sec.  3.114(a) by:
    a. Removing ``who is a child of a Vietnam veteran'' both times it 
appears and adding, in its place, ``who is a child of a Vietnam veteran 
or child of a veteran with covered service in Korea''.
    b. Revising the authority citation at the end of the paragraph.
    The revision reads as follows:


Sec.  3.114  Change of law or Department of Veterans Affairs issue.

    (a) * * *

(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5110(g))

* * * * *
    7. Amend Sec.  3.216 by:
    a. Adding ``or'' preceding ``a monetary allowance.''
    b. Revising the authority citation at the end of the section.
    The revision reads as follows:


Sec.  3.216  Mandatory disclosure of social security numbers.

* * * * *

(Authority: 38 U.S.C. 1832, 5101(c))


Sec.  3.261  [Amended]

    8. Amend Sec.  3.261(a)(40) by removing ``who are children of 
Vietnam veterans (38 U.S.C. 1823(c))'' and adding, in its place, ``who 
are children of Vietnam veterans or children of veterans with covered 
service in Korea (38 U.S.C. 1833(c))''.
    9. Amend Sec.  3.262(y) by:
    a. Revising the paragraph heading.
    b. Removing ``who is the child of a Vietnam veteran'' and adding, 
in its place, ``who is a child of a Vietnam veteran or a child of a 
veteran with covered service in Korea''.

[[Page 36646]]

    c. Revising the authority citation at the end of the paragraph.
    The revisions read as follows:


Sec.  3.262  Evaluation of income.

* * * * *
    (y) Monetary allowance under 38 U.S.C. chapter 18 for certain 
individuals who are children of Vietnam veterans or children of 
veterans with covered service in Korea. * * *

(Authority: 38 U.S.C. 1833(c))

* * * * *
    10. Amend Sec.  3.263(g) by:
    a. Revising the paragraph heading.
    b. Removing ``who is a child of a Vietnam veteran'' and adding, in 
its place, ``who is a child of a Vietnam veteran or a child of a 
veteran with covered service in Korea''.
    c. Revising the authority citation at the end of the paragraph.
    The revisions read as follows:


Sec.  3.263  Corpus of estate; net worth.

* * * * *
    (g) Monetary allowance under 38 U.S.C. chapter 18 for certain 
individuals who are children of Vietnam veterans or children of 
veterans with covered service in Korea. * * *

(Authority: 38 U.S.C. 1833(c))

* * * * *
    11. Amend Sec.  3.272(u) by:
    a. Revising the paragraph heading.
    b. Removing ``who is a child of a Vietnam veteran'' and adding, in 
its place, ``who is a child of a Vietnam veteran or a child of a 
veteran with covered service in Korea''.
    The revision reads as follows:


Sec.  3.272  Exclusions from income.

* * * * *
    (u) Monetary allowance under 38 U.S.C. chapter 18 for certain 
individuals who are children of Vietnam veterans or children of 
veterans with covered service in Korea. * * *
* * * * *
    12. Amend Sec.  3.275(i) by:
    a. Revising the paragraph heading.
    b. Removing ``who is a child of a Vietnam veteran'' and adding, in 
its place, ``who is a child of a Vietnam veteran or a child of a 
veteran with covered service in Korea''.
    The revision reads as follows:


Sec.  3.275  Criteria for evaluating net worth.

* * * * *
    (i) Monetary allowance under 38 U.S.C. chapter 18 for certain 
individuals who are children of Vietnam veterans or children of 
veterans with covered service in Korea. * * *
* * * * *
    13. Amend Sec.  3.307(a)(6) by:
    a. Adding a new Sec.  3.307(a)(6)(iv) and a cross reference after 
Sec.  3.307(a)(6)(iii).
    b. Revising the authority citation at the end of new Sec.  
3.307(a)(6)(iv).
    The addition and revision read as follows:


Sec.  3.307  Presumptive service connection for chronic, tropical or 
prisoner-of-war related disease, or disease associated with exposure to 
certain herbicide agents; wartime and service on or after January 1, 
1947.

    (a) * * *
    (6) * * *
    (iv) A veteran who, during active, military, naval, or air service, 
served between April 1, 1968, and July 31, 1969, in a unit that 
operated in or near the Korean DMZ in an area in which herbicides are 
known to have been applied during that period shall be presumed to have 
been exposed during such service to an herbicide agent, unless there is 
affirmative evidence to establish that the veteran was not exposed to 
any such agent during that service.
    Cross Reference: 38 CFR 3.814(c)(2).

(Authority: 38 U.S.C. 501(a), 1116(a)(3), 1821)

* * * * *
    14. Revise Sec.  3.403 by:
    a. In Sec.  3.403(b), removing ``An award of the monetary 
allowance'' and adding, in its place, ``Except as provided in Sec.  
3.814(e), an award of the monetary allowance''.
    b. In Sec.  3.403(b), removing ``date of claim, but'' and adding, 
in its place, '' the later of the date of claim or the date entitlement 
arose, but''.
    c. Revising the authority citation for Sec.  3.403(b).
    d. Revising the authority citation for Sec.  3.403(c).
    e. Adding new Sec.  3.403(d) including the authority citation for 
this paragraph (d).
    f. Removing the authority citation at the end of the section.
    The addition and revisions read as follows:


Sec.  3.403  Children.

* * * * *
    (b) * * *

(Authority: 38 U.S.C. 1805, 1832, 5110)


    (c) * * *

(Authority: 38 U.S.C. 1815, 1832, 1834, 5110)


    (d) Monetary allowance under 38 U.S.C. 1821 for an individual 
suffering from spina bifida who is a child of a veteran with covered 
service in Korea. Except as provided in Sec.  3.814(e), an award of the 
monetary allowance under 38 U.S.C. 1821 based on the existence of an 
individual suffering from spina bifida who is a child of a veteran with 
covered service in Korea will be effective from either the date of 
birth if claim is received within 1 year of that date, or the later of 
the date of claim or date entitlement arose, but not earlier than 
December 16, 2003.

(Authority: 38 U.S.C. 1821, 1832, 5110)


    15. Amend Sec.  3.503 by:
    a. Revising the heading of paragraph (b).
    b. Removing the authority citation for paragraph (b).
    c. Revising the authority citation at the end of the section.
    The revisions read as follows:


Sec.  3.503  Children.

* * * * *
    (b) Monetary allowance under 38 U.S.C. chapter 18 for certain 
individuals who are children of Vietnam veterans or children of 
veterans with covered service in Korea.
* * * * *

(Authority: 38 U.S.C. 501, 1832, 5112(b))


    16. Amend Sec.  3.814 by:
    a. Revising the section heading.
    b. In paragraph (a), removing ``is or was a Vietnam veteran'' and 
adding, in its place, ``is or was a Vietnam veteran or a veteran with 
covered service in Korea'' and by removing ``are or were both Vietnam 
veterans'' and adding, in its place, ``are or were both Vietnam 
veterans or veterans with covered service in Korea''.
    c. Redesignating paragraphs (c) (2) and (3) as (c)(3) and (4) 
respectively.
    d. Adding a new paragraph (c)(2).
    e. In paragraph (c)(3), as redesignated, removing ``Vietnam era.'' 
and adding, in its place, ``Vietnam era, or whose biological father or 
mother is or was a veteran with covered service in Korea and who was 
conceived after the date on which the veteran first had covered service 
in Korea as defined in this section.'' and by removing ``of a Vietnam 
veteran.'' and adding, in its place, ``of a Vietnam veteran or a 
veteran with covered service in Korea.''.
    f. In paragraph (e), removing ``claim or'' and adding, in its 
place, ``claim (or the date of birth if the claim is received within 1 
year of that date) or''.
    g. Adding a cross reference immediately following paragraph (f).
    h. Revising the authority citation at the end of the section.
    The addition and revisions read as follows:


Sec.  3.814  Monetary allowance under 38 U.S.C. chapter 18 for an 
individual suffering from spina bifida whose biological father or 
mother is or was a Vietnam veteran or a veteran with covered service in 
Korea.

* * * * *

[[Page 36647]]

    (c) * * *
    (2) Covered service in Korea. For the purposes of this section, the 
term ``veteran with covered service in Korea'' means a person who 
served in the active military, naval, or air service in or near the 
Korean DMZ between September 1, 1967, and August 31, 1971, and who is 
determined by VA, in consultation with the Department of Defense, to 
have been exposed to a herbicide agent during such service. Exposure to 
a herbicide agent will be conceded if the veteran served between April 
1, 1968, and July 31, 1969, in a unit that operated in or near the 
Korean DMZ in an area in which herbicides are known to have been 
applied during that period.
* * * * *
    Cross Reference: 38 CFR 3.307(a)(6)(iv).

(Authority: 38 U.S.C. 501, 1805, 1811, 1812, 1821, 1831, 1832, 1833, 
1834, 5101, 5110, 5111, 5112)


    17. Amend Sec.  3.815 by revising the authority citation at the end 
of the section to read as follows:


Sec.  3.815  Monetary allowance under 38 U.S.C. chapter 18 for an 
individual with disability from covered birth defects whose biological 
mother is or was a Vietnam veteran; identification of covered birth 
defects.

* * * * *


(Authority: 38 U.S.C. 501, 1811, 1812, 1813, 1814, 1815, 1816, 1831, 
1832, 1833, 1834, 5101, 5110, 5111, 5112)


PART 17--MEDICAL

    18. The authority citation for part 17 continues to read as 
follows:

    Authority: 38 U.S.C. 501, 1721, and as noted in specific 
sections.

    19. Revise the undesignated center heading preceding Sec.  17.900 
to read as follows:
    Health Care Benefits for Certain Children of Vietnam Veterans and 
Veterans with Covered Service in Korea--Spina Bifida and Covered Birth 
Defects
    20. Amend Sec.  17.900 by:
    a. Adding in alphabetical order, the definition of ``Veteran with 
covered service in Korea''.
    b. Revising the authority citation at the end of the section.
    The addition and revision read as follows:


Sec.  17.900  Definitions.

* * * * *
    Veteran with covered service in Korea for purposes of spina bifida 
means the same as defined at Sec.  3.814(c)(2) of this title.
* * * * *

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1821, 1831)


    21. Amend Sec.  17.901 by:
    a. In paragraph (a), removing ``Vietnam veteran's'' and adding, in 
its place, ``Vietnam veteran or veteran with covered service in 
Korea's'', and by removing ``with such health care as the Secretary 
determines is needed by the child for spina bifida'' and adding, in its 
place, ``with health care as the Secretary determines is needed''.
    b. In paragraph (b), removing ``spina bifida or other covered birth 
defects'' and adding, in its place, ``covered birth defects (other than 
spina bifida)''.
    c. In paragraph (d)(3), removing ``300 S. Jackson Street. Denver, 
CO 80209'' and adding, in its place, ``3773 Cherry Creek North Drive, 
Denver, CO 80246''.
    d. Revising paragraph (d)(4) and the authority citation at the end 
of the section.
    e. Revising the Note at the end of the section.
    The revisions read as follows:


Sec.  17.901  Provisions of Health care.

* * * * *
    (d) * * *
    (4) The mailing address of the Health Administration Center for 
claims submitted pursuant to either paragraph (a) or (b) of this 
section is P.O. Box 469065, Denver, CO 80246-9065.

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)



    Note to Sec.  17.901:  Under this program, beneficiaries with 
spina bifida will receive comprehensive care through the Department 
of Veterans Affairs. However, the health care benefits available 
under this section to children with other covered birth defects are 
not comprehensive, and VA will furnish them only health care 
services that are related to their covered birth defects. With 
respect to covered children suffering from spina bifida, VA is the 
exclusive payer for services paid under 17.900 through 17.905, 
regardless of any third party insurer, Medicare, Medicaid, health 
plan, or any other plan or program providing health care coverage. 
As to children with other covered birth defects, any third party 
insurer, Medicare, Medicaid, health plan, or any other plan or 
program providing health care coverage would be responsible 
according to its provisions for payment for health care not relating 
to the covered birth defects.

    22. Amend Sec.  17.902 by:
    a. In the first sentence of paragraph (a), removing ``benefits 
advisor'' and adding, in its place, ``customer service 
representative''.
    b. In paragraph (a), removing the second sentence and adding two 
new sentences in its place.
    c. Revising the authority citation at the end of the section.
    The revisions read as follows:


Sec.  17.902  Preauthorization.

    (a) * * * Authorization will only be given in spina bifida cases 
where there is a demonstrated medical need. In cases of other covered 
birth defects, authorization will only be given where there is a 
demonstrated medical need related to the covered birth defects. * * *
* * * * *

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)


    23. Amend Sec.  17.903 by revising the authority citation at the 
end of the section to read as follows:


Sec.  17.903  Payment.

* * * * *

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)

* * * * *
    24. Amend Sec.  17.904 by revising the authority citation at the 
end of the section to read as follows:


Sec.  17.904  Review and appeal process.

* * * * *

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)


* * * * *
    25. Amend Sec.  17.905 by revising the authority citation at the 
end of the section to read as follows:


Sec.  17.905  Medical records.

* * * * *

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart M--Vocational Training and Rehabilitation for Certain 
Children of Vietnam Veterans and Veterans With Covered Service in 
Korea--Spina Bifida and Covered Birth Defects

    26. The authority citation for part 21, subpart M continues to read 
as follows:

    Authority: 38 U.S.C. 101, 501, 512, 1151 note, ch. 18, 5112, and 
as noted in specific sections.

    27. Revise the heading of subpart M as set forth above.
    28. Amend Sec.  21.8010:
    a. In paragraph (a), by adding in alphabetical order, the 
definition of ``Veteran with covered service in Korea''.
    b. In paragraph (a) in the definition of ``Eligible child'' by 
removing ``3.814(c)(2)'' and adding, in its place, ``3.814(c)(3)''.

[[Page 36648]]

    c. In the definition of ``Spina bifida'' by removing ``Sec.  
3.814(c)(3)'', and adding, in its place, ``Sec.  3.814(c)(4)''.
    d. Revising the authority citation for paragraph (a).
    e. Revising the authority citation for paragraph (b).
    The addition and revisions read as follows:


Sec.  21.8010  Definitions and abbreviations.

    (a) * * *
    Veteran with covered service in Korea means a veteran defined at 
Sec.  3.814(c)(2) of this title.
* * * * *

(Authority: 38 U.S.C. 101, 1802, 1804, 1811-1812, 1814, 1821, 1831)


    (b) * * *

(Authority: 38 U.S.C. 1804, 1811, 1814, 1831)


    29. Amend Sec.  21.8012 by:
    a. Revising the section heading.
    b. Revising the authority citation at the end of the section.
    The revisions read as follows:


Sec.  21.8012  Vocational training program for certain children of 
Vietnam veterans and veterans with covered service in Korea--spina 
bifida and covered birth defects.

* * * * *

(Authority: 38 U.S.C. 1804, 1812, 1814, 1821)


    30. Amend Sec.  21.8014 by:
    a. In paragraph (a), removing ``Vietnam veteran'', and adding, in 
its place, ``Vietnam veteran or veteran with covered service in 
Korea''.
    b. In paragraph (a)(2), removing ``Vietnam veteran's'', and adding, 
in its place, ``Vietnam veteran or veteran with covered service in 
Korea's''.
    c. Revising the authority citation for paragraph (a).
    d. Revising the authority citation for paragraph (b).
    The revisions read as follows:


Sec.  21.8014  Application.

    (a) * * *

(Authority: 38 U.S.C. 1804(a), 1821, 1832, 5101


    (b) * * *

(Authority: 38 U.S.C. 1804, 1811, 1811 note, 1812, 1814, 1831)


    31. Amend Sec.  21.8016 by revising the authority citation for 
paragraphs (a), (b), and (d) to read as follows:


Sec.  21.8016  Nonduplication of benefits.

    (a) * * *

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1834)


    (b) * * *

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1834)


* * * * *
    (d) * * *

(Authority: 38 U.S.C. 1804, 1814, 1834)


    32. Amend Sec.  21.8022(b) by revising the authority citation at 
the end of the paragraph to read as follows:


Sec.  21.8022  Entry and reentry.

* * * * *
    (b) * * *

(Authority: 38 U.S.C. 1804, 1814, 1832)


[FR Doc. E9-17035 Filed 7-23-09; 8:45 am]
BILLING CODE 8320-01-P