Presumption of Exposure to Herbicides for Blue Water Navy Vietnam Veterans Not Supported, 76170-76171 [2012-30909]

Download as PDF 76170 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices schools; $10,000 for students training at flight schools; and $8,500 for students training at correspondence schools. Additionally, the entitlement charge for individuals in receipt of reimbursement for taking a licensing, certification, or national test was one month (rounded to the nearest whole month) for each $1,460.00 received. Sections 3313, 3315, and 3315A of title 38, United States Code (U.S.C.), direct VA to increase the maximum tuition and fee and entitlement charge amounts each academic year (beginning August 1) based on the most recent increase determined under title 38 U.S.C. 3015(h). Increases determined under 38 U.S.C. 3015(h) are effective October 1 of each calendar year. As such, the increase determined under 38 U.S.C. 3015(h), which was effective October 1 of the previous calendar year, will be the most recent increase in rates at the beginning of each academic year. 2012–2013 Academic Year Maximum Tuition and Fee Amounts As of August 1, 2012 (beginning of the 2012–2013 academic year), the most recent increase determined under 38 U.S.C. 3015(h) was a 3.3 percent increase, which was effective October 1, 2011. VA calculated the maximum tuition and fee and entitlement charge amounts listed below for training pursued under the Post-9/11 GI Bill that begins after July 31, 2012, and before August 1, 2013, using the 3.3 percent increase. 2013–2014 ACADEMIC YEAR Type of school Actual net cost of tuition and fees not to exceed Post-9/11 GI Bill Maximum Tuition and Fee Amounts Public ......................... In-State/Resident Charges. Private/Foreign .......... $19,198.31. Vocational Flight ........ $10,970.46. Correspondence ........ $9,324.89. Post 9/11 Entitlement Charge Amount for Tests Licensing and Certification Tests. VA will charge one month entitlement (rounded to the nearest whole month) for each $1,601.69 received. National Tests ........... Dated: December 18, 2012. By Direction of the Secretary. Approved: December 18, 2012. John R. Gingrich, Chief of Staff, Department of Veterans Affairs. [FR Doc. 2012–30945 Filed 12–21–12; 8:45 am] Actual net cost of tuition and fees not to exceed DEPARTMENT OF VETERANS AFFAIRS Post-9/11 GI Bill Maximum Tuition and Fee Amounts National Academic Affiliations Council, Notice of Meeting Public ......................... The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act, 5 U.S.C. App. 2, that a meeting of the National Academic Affiliations Council (NAAC) will be held on January 10–11, 2013, in the Office of Academic Affiliations Conference Room 870, 1800 G Street NW., Washington, DC. The sessions will begin at 8:00 a.m. each day and adjourn at 5:00 p.m. on January 10 and at 1:00 p.m. on January 11. The purpose of the Council is to advise the Secretary on matters affecting partnerships between VA and its academic affiliates. On January 10, the Council will review the status of recommendations from its previous meetings; receive a report from the NAAC Joint Venture Task Force; hear from Veterans Health Private/Foreign .......... Vocational Flight ........ Correspondence ........ In-State/Resident Charges. $18,077.50. $10,330.00. $8,780.50. Post 9/11 Entitlement Charge Amount for Tests Licensing and Certification Tests. VA will charge one month entitlement (rounded to the nearest whole month) for each $1,508.18 received. tkelley on DSK3SPTVN1PROD with National Tests ........... 2013–2014 Academic Year Maximum Tuition and Fee Amounts As of August 1, 2013 (beginning of the 2013–2014 academic year), the 6.2 VerDate Mar<15>2010 06:31 Dec 22, 2012 Jkt 229001 Administration (VHA) officials; and engage in discussions about mental health service enhancements and implications for mental health education. On January 11, the Council will hear from officials of the VHA Office of Research and Development and continue its discussion of opportunities and challenges in academic affiliation relationships. The Council will receive public comments at 12:30 p.m. A sign-in sheet for those who want to give comments will be available at the meeting. Individuals who speak are invited to submit a 1–2 page summary of their comments at the time of the meeting for inclusion in the official meeting record. Oral presentations will be limited to five minutes or less, depending on the number of participants. Interested parties may also provide written comments for review by the Council to Gloria J. Holland, Ph.D., Special Assistant for Policy and Planning, Office of Academic Affiliations (10A2D), VA, 810 Vermont Avenue NW., Washington, DC 20420 or by email to Gloria.Holland@va.gov. Any member of the public wishing to attend or seeking additional information should contact Dr. Holland by email or by phone at (202) 461–9490. Vivian Drake, Committee Management Officer. [FR Doc. 2012–30864 Filed 12–21–12; 8:45 am] BILLING CODE P BILLING CODE 8320–01–P 2012–2013 ACADEMIC YEAR Type of school percent increase determined under 38 U.S.C. 3015(h), which was effective October 1, 2012, will be the most recent increase. VA calculated the maximum tuition and fee and entitlement charge amounts listed below for training pursued under the Post-9/11 GI Bill that begins after July 31, 2013, and before August 1, 2014, using the 6.2 percent increase. PO 00000 Frm 00203 Fmt 4703 Sfmt 4703 DEPARTMENT OF VETERANS AFFAIRS Presumption of Exposure to Herbicides for Blue Water Navy Vietnam Veterans Not Supported ACTION: Notice. On May 20, 2011, at the request of the Department of Veterans Affairs (VA), the Institute of Medicine (IOM) of the National Academy of Sciences issued a report titled, ‘‘Blue Water Navy Vietnam Veterans and Agent Orange Exposure.’’ The IOM reviewed a wide range of data sources including peer-reviewed literature, exposure and transport modeling, interviews with veterans, ship deck logs, and other government documents, and concluded that there is insufficient evidence to determine whether Blue Water Navy Veterans were exposed to Agent Orange-associated herbicides during the Vietnam War. After careful review of the IOM report, the Secretary determines that the evidence available SUMMARY: E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices at this time does not support establishing a presumption of exposure to herbicides for Blue Water Navy Vietnam Veterans. VA will continue to accept and review all Blue Water Navy Vietnam Veteran claims based on herbicide exposure on a case-by-case basis. Dr. Terry Walters, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, telephone (202) 461–1020. (This is not a toll-free number.) FOR FURTHER INFORMATION CONTACT: During the Vietnam War, the U.S. military used various tactical herbicides as defoliants to help military personnel identify enemy transportation and communication routes and camps, reduce cover for enemy forces, and kill crops that might be used by the enemy. The best known and most widely used herbicide was Agent Orange. Agent Orange was contaminated with the highly toxic chemical 2, 3, 7, 8Tetrachlorodibenzo-p-Dioxin (TCDD). Numerous adverse health effects in veterans who served in Vietnam have been attributed to exposure to Agent Orange. The Agent Orange Act of 1991, Public Law 102–4, 105 Stat. 11, established a presumption of herbicide exposure for veterans who had served in Vietnam and who developed a disease associated with Agent Orange exposure. The presumption applies to those who served in the Republic of Vietnam on the ground (ground troops) or on its inland waterways (Brown Water Navy Veterans). Veterans who served in deepwater naval vessels off the coast of Vietnam during the Vietnam War are tkelley on DSK3SPTVN1PROD with SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 06:31 Dec 22, 2012 Jkt 229001 referred to as Blue Water Navy Veterans. Claims filed by veterans who served on only Blue Water Navy vessels based on herbicide exposure are accepted and reviewed on a case-by-case basis. On May 20, 2011, the Institute of Medicine (IOM) of the National Academy of Sciences issued a report titled, ‘‘Blue Water Navy Vietnam Veterans and Agent Orange Exposure.’’ The report was issued and the underlying study was conducted at the request of the Department of Veterans Affairs (VA) and neither was required by law. VA requested the study in response to veteran concerns and the recommendations in the IOM report ‘‘Veterans and Agent Orange: Update 2008.’’ VA tasked the IOM with establishing a committee to determine whether Blue Water Navy Vietnam Veterans experienced exposures to herbicides and their contaminants (focusing on dioxin) comparable to those of ground troops and Brown Water Navy Vietnam Veterans. For the study, the IOM reviewed a wide range of data sources including peer-reviewed literature, exposure and transport modeling, interviews with veterans, ship deck logs, and other government documents. After reviewing and analyzing available data, the IOM concluded that ground troops and Brown Water Navy Veterans had qualitatively more pathways of exposure to Agent Orange-associated TCDD than did Blue Water Navy Veterans. The IOM found that a paucity of scientific data concerning potential exposures for Blue Water Navy Veterans made it impossible to determine whether these veterans were exposed to Agent Orangeassociated TCDD and, therefore, that PO 00000 Frm 00204 Fmt 4703 Sfmt 9990 76171 exposure of Blue Water Navy Vietnam Veterans to Agent Orange-associated TCDD cannot be reasonably determined. After careful review of the IOM report, ‘‘Blue Water Navy Vietnam Veterans and Agent Orange Exposure,’’ the Secretary has determined that the evidence available at this time does not support establishing a presumption of exposure to herbicides for Blue Water Navy Vietnam Veterans. VA will continue to accept and review all Blue Water Navy Vietnam Veteran claims based on herbicide exposure on a caseby-case basis. The Secretary’s determination not to establish a presumption of exposure does not in any way preclude VA from granting service connection on a case-by-case basis for diseases and conditions associated with Agent Orange exposure, nor does it change any existing rights or procedures. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. John R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this document on December 19, 2012, for publication. Dated: December 19, 2012. Robert C. McFetridge, Director, Office of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. [FR Doc. 2012–30909 Filed 12–21–12; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76170-76171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30909]


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DEPARTMENT OF VETERANS AFFAIRS


Presumption of Exposure to Herbicides for Blue Water Navy Vietnam 
Veterans Not Supported

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On May 20, 2011, at the request of the Department of Veterans 
Affairs (VA), the Institute of Medicine (IOM) of the National Academy 
of Sciences issued a report titled, ``Blue Water Navy Vietnam Veterans 
and Agent Orange Exposure.'' The IOM reviewed a wide range of data 
sources including peer-reviewed literature, exposure and transport 
modeling, interviews with veterans, ship deck logs, and other 
government documents, and concluded that there is insufficient evidence 
to determine whether Blue Water Navy Veterans were exposed to Agent 
Orange-associated herbicides during the Vietnam War. After careful 
review of the IOM report, the Secretary determines that the evidence 
available

[[Page 76171]]

at this time does not support establishing a presumption of exposure to 
herbicides for Blue Water Navy Vietnam Veterans. VA will continue to 
accept and review all Blue Water Navy Vietnam Veteran claims based on 
herbicide exposure on a case-by-case basis.

FOR FURTHER INFORMATION CONTACT: Dr. Terry Walters, Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, telephone 
(202) 461-1020. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: During the Vietnam War, the U.S. military 
used various tactical herbicides as defoliants to help military 
personnel identify enemy transportation and communication routes and 
camps, reduce cover for enemy forces, and kill crops that might be used 
by the enemy. The best known and most widely used herbicide was Agent 
Orange. Agent Orange was contaminated with the highly toxic chemical 2, 
3, 7, 8-Tetrachlorodibenzo-p-Dioxin (TCDD). Numerous adverse health 
effects in veterans who served in Vietnam have been attributed to 
exposure to Agent Orange. The Agent Orange Act of 1991, Public Law 102-
4, 105 Stat. 11, established a presumption of herbicide exposure for 
veterans who had served in Vietnam and who developed a disease 
associated with Agent Orange exposure. The presumption applies to those 
who served in the Republic of Vietnam on the ground (ground troops) or 
on its inland waterways (Brown Water Navy Veterans). Veterans who 
served in deep-water naval vessels off the coast of Vietnam during the 
Vietnam War are referred to as Blue Water Navy Veterans. Claims filed 
by veterans who served on only Blue Water Navy vessels based on 
herbicide exposure are accepted and reviewed on a case-by-case basis.
    On May 20, 2011, the Institute of Medicine (IOM) of the National 
Academy of Sciences issued a report titled, ``Blue Water Navy Vietnam 
Veterans and Agent Orange Exposure.'' The report was issued and the 
underlying study was conducted at the request of the Department of 
Veterans Affairs (VA) and neither was required by law. VA requested the 
study in response to veteran concerns and the recommendations in the 
IOM report ``Veterans and Agent Orange: Update 2008.'' VA tasked the 
IOM with establishing a committee to determine whether Blue Water Navy 
Vietnam Veterans experienced exposures to herbicides and their 
contaminants (focusing on dioxin) comparable to those of ground troops 
and Brown Water Navy Vietnam Veterans.
    For the study, the IOM reviewed a wide range of data sources 
including peer-reviewed literature, exposure and transport modeling, 
interviews with veterans, ship deck logs, and other government 
documents. After reviewing and analyzing available data, the IOM 
concluded that ground troops and Brown Water Navy Veterans had 
qualitatively more pathways of exposure to Agent Orange-associated TCDD 
than did Blue Water Navy Veterans. The IOM found that a paucity of 
scientific data concerning potential exposures for Blue Water Navy 
Veterans made it impossible to determine whether these veterans were 
exposed to Agent Orange-associated TCDD and, therefore, that exposure 
of Blue Water Navy Vietnam Veterans to Agent Orange-associated TCDD 
cannot be reasonably determined.
    After careful review of the IOM report, ``Blue Water Navy Vietnam 
Veterans and Agent Orange Exposure,'' the Secretary has determined that 
the evidence available at this time does not support establishing a 
presumption of exposure to herbicides for Blue Water Navy Vietnam 
Veterans. VA will continue to accept and review all Blue Water Navy 
Vietnam Veteran claims based on herbicide exposure on a case-by-case 
basis. The Secretary's determination not to establish a presumption of 
exposure does not in any way preclude VA from granting service 
connection on a case-by-case basis for diseases and conditions 
associated with Agent Orange exposure, nor does it change any existing 
rights or procedures.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on December 19, 2012, for publication.

    Dated: December 19, 2012.
Robert C. McFetridge,
Director, Office of Regulation Policy and Management, Office of the 
General Counsel, Department of Veterans Affairs.
[FR Doc. 2012-30909 Filed 12-21-12; 8:45 am]
BILLING CODE 8320-01-P
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