Processing Claims Under the Sergeant First Class Heath Robinson Honoring Our Promise To Address Comprehensive Toxics Act of 2022, or the Honoring Our Pact Act of 2022, 51224 [2024-13010]
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51224
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
(d) Enforcement Period. This section
will be enforced from 8 p.m. until 10
p.m. on July 4, 2024.
Dated: June 10, 2024.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2024–13233 Filed 6–14–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 8
Processing Claims Under the Sergeant
First Class Heath Robinson Honoring
Our Promise To Address
Comprehensive Toxics Act of 2022, or
the Honoring Our Pact Act of 2022
Department of Veterans Affairs.
ACTION: Notification of modification of
sub-regulatory guidance.
AGENCY:
On August 10, 2022, the
President signed the Sergeant First Class
Heath Robinson Honoring our Promise
to Address Comprehensive Toxics Act
of 2022, or the Honoring our PACT Act
of 2022 (PACT Act) into law,
establishing substantial legislative
changes in laws administered by the
Department of Veterans Affairs (VA).
VA began processing PACT Act-related
claims on January 1, 2023, and provided
sub-regulatory guidance while it drafts
regulations to implement the PACT Act.
The sub-regulatory guidance is now
being updated to reflect recent policy
changes.
DATES: June 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Carla Ryan, Assistant Director, Military
Exposures Team, Compensation Service,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
202–461–9700. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: VA is
drafting regulations to implement the
PACT Act. In the interim, VA has
provided sub-regulatory guidance to
claims processors in the form of a Policy
Letter. The Policy Letter was included
as a supporting document to the Federal
Register Notification published on
December 22, 2022 (87 FR 78543). As
discussed below, the Policy Letter is
hereby revised. The revised Policy
Letter can be found as a supporting
document at https://
www.regulations.gov.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
I. Background
On August 10, 2022, the PACT Act of
2022 was signed into law. This historic,
VerDate Sep<11>2014
16:18 Jun 14, 2024
Jkt 262001
multifaceted law, which triggers
changes to disability compensation
examination requirements when there is
evidence a Veteran has participated in
a toxic exposure risk activity, also
expands the list of locations eligible for
a presumption of exposure to radiation,
expands the list of conditions subject to
presumptions of service connection
associated with herbicide exposure,
amends the statute involving certain
benefits for Persian Gulf War Veterans,
establishes presumptions of service
connection for conditions associated
with exposure to burn pits and other
toxins, and provides an avenue for a
claimant-elected reevaluation of
previously denied dependency and
indemnity compensation (DIC) claims
that can result in retroactive effective
dates for benefits.
VA currently is drafting regulations to
implement the PACT Act and to address
any gaps and ambiguity in the statutory
language. Due to the time required to
promulgate regulations, VA
implemented the law and began
processing PACT Act-related claims on
January 1, 2023, based on the subregulatory guidance contained in the
Policy Letter issued in December 2022.
during the period beginning on January
9, 1962, and ending on May 7, 1975,
without regard to where on the base the
Veteran was located or what military job
specialty the Veteran performed; (6) add
male breast cancer, urethral cancer, and
cancer of the paraurethral glands as
reproductive cancers under section 406
of the PACT Act; (7) remove references
to ‘‘Lymphomatic cancer of any type’’
due to a recent law change under the
National Defense Authorization Act for
Fiscal Year 2023; and (8) make nonsubstantive edits for clarity. The revised
Policy Letter allows VA to better
operationalize the PACT Act and deliver
earned benefits to Veterans and their
dependents as quickly as possible while
simultaneously continuing efforts to
promulgate the implementing
regulations.
II. Update
The Policy Letter has been revised to
(1) clarify that under 38 U.S.C. 1168(b)
a medical examination and opinion is
not warranted where the only
participation in a toxic exposure risk
activity (TERA) that is established is
based on an entry in an exposure
tracking record system, such as the
Individual Longitudinal Exposure
Record (ILER), that does not corroborate
or substantiate potential exposure to
toxic substances, chemicals, or airborne
hazards in service; (2) add breast cancer
as a disease that the Secretary has
determined has no indication of an
association with herbicide exposure, so
it is included on the list of conditions
not warranting a medical examination
and opinion under 38 U.S.C. 1168 when
the only TERA is related to herbicide
exposure; (3) remove renal cancer
(kidney and renal pelvis) from the list
of conditions established pursuant to 38
U.S.C. 1168(b) for which a medical
examination and opinion is not
warranted when the only TERA is
related to herbicide exposure; (4)
indicate that the expanded list of
locations eligible for a presumption of
radiation exposure under sections 401
and 402 of the PACT Act have been
added to VA regulations; (5) specify that
for entitlement to spina bifida benefits
under 38 U.S.C. 1822, covered service in
Thailand means service in Thailand at
any United States or Royal Thai base
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on June 7, 2024, 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.
[FR Doc. 2024–13010 Filed 6–14–24; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP39
Adaptive Equipment Allowance
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its regulations
governing the provision of a monetary
allowance to certain veterans and
eligible members of the Armed Forces
who require adaptive equipment to
operate an automobile or other
conveyance. VA proposed establishing
in regulation a VA Adaptive Equipment
Schedule for Automobiles and Other
Conveyances to calculate the amount of
the monetary allowance for adaptive
equipment based on industry standards
and our experience administering this
program. We adopt as final this
proposed rule, with changes based on
public comment. This rulemaking
addresses reimbursement to eligible
persons who have paid for adaptive
SUMMARY:
E:\FR\FM\17JNR1.SGM
17JNR1
]]>Agencies
[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Page 51224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13010]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 8
Processing Claims Under the Sergeant First Class Heath Robinson
Honoring Our Promise To Address Comprehensive Toxics Act of 2022, or
the Honoring Our Pact Act of 2022
AGENCY: Department of Veterans Affairs.
ACTION: Notification of modification of sub-regulatory guidance.
-----------------------------------------------------------------------
SUMMARY: On August 10, 2022, the President signed the Sergeant First
Class Heath Robinson Honoring our Promise to Address Comprehensive
Toxics Act of 2022, or the Honoring our PACT Act of 2022 (PACT Act)
into law, establishing substantial legislative changes in laws
administered by the Department of Veterans Affairs (VA). VA began
processing PACT Act-related claims on January 1, 2023, and provided
sub-regulatory guidance while it drafts regulations to implement the
PACT Act. The sub-regulatory guidance is now being updated to reflect
recent policy changes.
DATES: June 17, 2024.
FOR FURTHER INFORMATION CONTACT: Carla Ryan, Assistant Director,
Military Exposures Team, Compensation Service, Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 202-461-9700. (This is
not a toll-free number.)
SUPPLEMENTARY INFORMATION: VA is drafting regulations to implement the
PACT Act. In the interim, VA has provided sub-regulatory guidance to
claims processors in the form of a Policy Letter. The Policy Letter was
included as a supporting document to the Federal Register Notification
published on December 22, 2022 (87 FR 78543). As discussed below, the
Policy Letter is hereby revised. The revised Policy Letter can be found
as a supporting document at https://www.regulations.gov.
I. Background
On August 10, 2022, the PACT Act of 2022 was signed into law. This
historic, multifaceted law, which triggers changes to disability
compensation examination requirements when there is evidence a Veteran
has participated in a toxic exposure risk activity, also expands the
list of locations eligible for a presumption of exposure to radiation,
expands the list of conditions subject to presumptions of service
connection associated with herbicide exposure, amends the statute
involving certain benefits for Persian Gulf War Veterans, establishes
presumptions of service connection for conditions associated with
exposure to burn pits and other toxins, and provides an avenue for a
claimant-elected reevaluation of previously denied dependency and
indemnity compensation (DIC) claims that can result in retroactive
effective dates for benefits.
VA currently is drafting regulations to implement the PACT Act and
to address any gaps and ambiguity in the statutory language. Due to the
time required to promulgate regulations, VA implemented the law and
began processing PACT Act-related claims on January 1, 2023, based on
the sub-regulatory guidance contained in the Policy Letter issued in
December 2022.
II. Update
The Policy Letter has been revised to (1) clarify that under 38
U.S.C. 1168(b) a medical examination and opinion is not warranted where
the only participation in a toxic exposure risk activity (TERA) that is
established is based on an entry in an exposure tracking record system,
such as the Individual Longitudinal Exposure Record (ILER), that does
not corroborate or substantiate potential exposure to toxic substances,
chemicals, or airborne hazards in service; (2) add breast cancer as a
disease that the Secretary has determined has no indication of an
association with herbicide exposure, so it is included on the list of
conditions not warranting a medical examination and opinion under 38
U.S.C. 1168 when the only TERA is related to herbicide exposure; (3)
remove renal cancer (kidney and renal pelvis) from the list of
conditions established pursuant to 38 U.S.C. 1168(b) for which a
medical examination and opinion is not warranted when the only TERA is
related to herbicide exposure; (4) indicate that the expanded list of
locations eligible for a presumption of radiation exposure under
sections 401 and 402 of the PACT Act have been added to VA regulations;
(5) specify that for entitlement to spina bifida benefits under 38
U.S.C. 1822, covered service in Thailand means service in Thailand at
any United States or Royal Thai base during the period beginning on
January 9, 1962, and ending on May 7, 1975, without regard to where on
the base the Veteran was located or what military job specialty the
Veteran performed; (6) add male breast cancer, urethral cancer, and
cancer of the paraurethral glands as reproductive cancers under section
406 of the PACT Act; (7) remove references to ``Lymphomatic cancer of
any type'' due to a recent law change under the National Defense
Authorization Act for Fiscal Year 2023; and (8) make non-substantive
edits for clarity. The revised Policy Letter allows VA to better
operationalize the PACT Act and deliver earned benefits to Veterans and
their dependents as quickly as possible while simultaneously continuing
efforts to promulgate the implementing regulations.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on June 7, 2024, 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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
[FR Doc. 2024-13010 Filed 6-14-24; 8:45 am]
BILLING CODE 8320-01-P
