Custom Federal Regulations Service™

**This is supplemental material**

**for Book A of your set of**

**Federal Regulations**

Title 38, Parts 0, 1, 2, 12,

14-16, 18--20, 25-26, 39-45, 48

*General*

**Veterans Benefits Administration**

Supplement No. 65

Covering period of *Federal Register* issues

through October 24, 2004

Copyright © 2004 Jonathan Publishing

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Copyright © 2004 Jonathan Publishing

## GENERAL INSTRUCTIONS

Custom Federal Regulations Service™

**Supplemental Materials for *Book A***

**Code of Federal Regulations**

**Title 38, Parts 0, 1, 2, 12, 14-16, 18--20, 25-26, 39-45, 48**

***General***

**Veterans Benefits Administration**

**Supplement No. 65**

25 October 2004

Covering the period of Federal Register issues

through October 24, 2004

When **Book A** was originally prepared, it was current through final
regulations published in the *Federal Register* of 21 April 1992. These
supple­mental materials are designed to keep your regulations up to date.
You should file the attached pages immediately, and record the fact that
you did so on the *Supplement Filing Record* which begins on page A-8 of
Book A, *General*.

> **To ensure accuracy and timeliness of your materials,**
>
> **it is important that you follow these simple procedures:**
>
> 1\. Always file your supplemental materials immediately upon receipt.
>
> 2\. Before filing, always check the Supplement Filing Record (page
> A-8) to be sure that all prior supplements have been filed. If you are
> missing any supple­ments, contact the Veterans Benefits Administration
> at the address listed on page A-2.
>
> 3\. After filing, enter the relevant information on the Supplement
> Filing Record sheet (page A-8)---the date filed, name/initials of
> filer, and date through which the *Federal Register* is covered.
>
> 4\. If as a result of a failure to file, or an undelivered supplement,
> you have more than one supplement to file at a time, be certain to
> file them in chronological order, lower number first.
>
> 5\. Always retain the filing instructions (simply insert them at the
> back of the book) as a backup record of filing and for reference in
> case of a filing error.
>
> 6\. Be certain that you *permanently discard* any pages indicated for
> removal in the filing instructions in order to avoid confusion later.

To execute the filing instructions, simply remove *and throw away* the
pages listed under *Remove These Old Pages,* and replace them in each
case with the corres­pond­ing pages from this supplement listed under *Add
These New Pages*. Occasionally new pages will be added without removal
of any old material (reflecting new regulations), and occasionally old
pages will be removed with­out addition of any new material (reflecting
rescinded regulations)---in these cases the word *None* will appear in
the appropriate column.

> **FILING INSTRUCTIONS**

**Book A, Supplement No. 65**

**October 25, 2004**

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

**Do not file this supplement until you confirm that**

**all prior supplements have been filed**

A-11 to A-12 A-11 to A-12 Index to Book A

**1.[index]{.smallcaps}-3 to 1. [index]{.smallcaps} --4
1.[index]{.smallcaps}-3 to 1. [index]{.smallcaps} --4 Index to Part 1**

1.17-1 to 1.17-2 1.17-1 to [1.18-2]{.underline} §1.18 (new)

**Be sure to complete the**

***Supplement Filing Record* (page A-8)**

**when you have finished filing this material.**

> **HIGHLIGHTS**

**Book A, Supplement No. 65**

**October 25, 2004**

***Supplement* Highlights *references***: Where substantive changes are
made in the text of regulations, the paragraphs of *Highlights* sections
are cited at the end of the relevant section of text. Thus, if you are
reading §3.263, you will see a note at the end of that section which
reads: "Supplement *Highlights* references---6(2)." This means that
paragraph 2 of the *Highlights* section in Supplement No. 6 contains
information about the changes made in §3.263. By keeping and filing the
*Highlights* sections, you will have a reference source explaining all
substantive changes in the text of the regulations.

***Supplement frequency***: This Book A (*General*) was originally
supplemented twice a year, in April and October. Beginning 1 August
1995, supplements will be issued *every month* during which a final rule
addition or modification is made to the parts of Title 38 covered by
this book. Supplements will be numbered consecutively as issued.

**Modifications in this supplement include the following:**

1\. On 7 October 2004, the VA published an interim final rule, effective
that same date, to establish guidelines for establishing presumptions of
service connection for diseases associated with service involving
detention or internment as a prisoner of war, and to establish
presumptions of service connection for atherosclerotic and hypertensive
heart disease and for stroke disease arising in former prisoners of war.
Changes:

• Added a new §1.18.

# Pagination System

Page numbers have three parts: (1) the section number, (2) a hyphen, and
(3) the page number within that section---e.g., 25.71-2.

This looseleaf book has two indices.

• **Index 1** (by section number) begins on this page

• **Index** **2** (alphabetical by section title) appears with each Part

The first index is arranged by *section number* and presents the
contents of the parts in this book in the order in which they appear in
the *Code of Federal Regulations*. The second is arranged by *section
title*, and presents the titles of all sections in each part in
alphabetical order. These *section title* indices appear at the
beginning of their respective parts.

# Index 1 --- by Section Number

**Part 0**

**Standards of Ethical Conduct and Related Responsibilities**

**Subpart A---General Provisions**

0.735-1 Agency ethics officials 0.735-1-1

0.735-2 Government-wide standards 0.735-3-1

**Subpart B---Standards of Ethical Conduct and Related
Responsibilities**

**of Employees**

0.735-10 Cross-reference to employee ethical and other conduct standards

and financial disclosure regulations 0.735-10-1

0.735-11 Other conduct on the job 0.735-11-1

0.735-12 Standards of conduct in special areas 0.735-12-1

**Part 1**

**General Provisions**

**Department of Veterans Affairs Official Seal and Distinguishing Flag**

1.9 Description, use, and display of VA Seal and Flag 1.9-1

**The United States Flag for Burial Purposes**

1.10 Eligibility for and disposition of the United States flag for
burial purposes 1.10-1

**Quarters for Department of Veterans Affairs Employees Overseas**

1.11 Quarters for Department of Veterans Affairs employees in

Government-owned or rented buildings overseas 1.11-1

**Program Evaluation**

1.15 Standards for program evaluation 1.15-1

1.17 Evaluation of studies relating to health effects of dioxin and

radiation exposure 1.17-1

1.18 Guidelines for establishing presumptions of service connection for

former prisoners of
war........................................................................1.18-1

**National Cemeteries**

Advisory Committee on Cemeteries and Memorials 1.601-1

Appropriate markers for graves already marked at private expense 1.631-1

Definitions 1.600-1

Disinterments from national cemeteries 1.621-1

Eligibility for burial 1.620-1

Findings concerning commission of a capital crime where a person has not
been

convicted due to death or flight to avoid prosecution 1.618-1

Gifts and donations 1.603-1

Group memorial monuments 1.633-1

Headstone and marker, application required 1.632-1

Headstones and markers 1.630-1

Monetary allowance in lieu of a Government-furnished

outer burial receptacle 1.629-1

Names for national cemetery activities 1.602-1

Prohibition of interment or memorialization of persons who have been
convicted of

Federal or State capital crimes 1.617-1

**Parking Fees at VA Medical Facilities**

Applicability and Scope 1.302-1

Definitions 1.301-1

Policy 1.303-1

Purpose 1.300-1

**Part-time Career Employment Program**

Annual goals and timetables 1.894-1

Exceptions 1.897-1

Purpose of program 1.891-1

Review and evaluation 1.895-1

Review of positions 1.892-1

Time positions, establishing and converting 1.893-1

Vacancies, publicizing 1.896-1

**Program Evaluation**

Evaluation of studies relating to health effects of dioxin and

radiation exposure 1.17-1

Guidelines for establishing presumptions of service connection for
former

prisoners of war 1.18-1

Standards for program evaluation 1.15-1

**Quarters for Department of Veterans Affairs Employees Overseas**

Quarters for Department of Veterans Affairs employees in

Government-owned or rented buildings overseas 1.11-1

**Referral to GAO, Department of Justice, or IRS**

Claims Collection Litigation Report 1.951-1

Minimum amount of referrals to the Department of Justice 1.953-1

Preliminary referrals to GAO 1.954-1

Preservation of evidence 1.952-1

Prompt referral 1.950-1

**Referrals of Information Regarding Criminal Violations**

Employee's duty to report 1.201-1

Information to be reported to the Office of Inspector General 1.204-1

Information to be reported to VA Police 1.203-1

Notification to the Attorney General or United States Attorney's Office
1.205-1

Purpose 1.200-1

**Regional Office Committees on Waivers and Compromises**

Application of standard 1.965-1

Committee authority 1.957-1

Finality of decisions 1.958-1

Jurisdiction 1.956-1

Legal and technical assistance 1.960-1

Records and certificates 1.959-1

Refunds 1.967-1

Regional office Committees on Waivers and Compromises 1.955-1

Releases 1.961-1

Revision of waiver decisions 1.969-1

Scope of waiver decisions 1.966-1

Standards for compromise 1.970-1

Waiver of overpayments 1.962-1

Waiver, erroneous payment of pay and allowances 1.963a-1

Waiver, loan guaranty 1.964-1

Waiver, other than loan guaranty 1.963-1

**Release of Information from Department of Veterans Affairs Claimant
Records**

Addresses of claimants 1.518-1

Administrative review 1.527-1

Confidentiality of information and patient records prepared or

obtained under the sickle cell anemia program 1.513a-1

Confidentiality of social data 1.520-1

Copies of records and papers 1.526-1

**§1.17 Evaluation of studies relating to health effects of dioxin and
radiation exposure.**

\(a\) From time to time, the Secretary shall publish evaluations of
scientific or medical studies relating to the adverse health effects of
exposure to a herbicide containing *2,* 3, 7, 8
tetrachlorodibenzo-p-dioxin (dioxin) and/or exposure to ionizing
radiation in the *Notices* section of the *Federal Register*.

\(b\) Factors to be considered in evaluating scientific studies include:

\(1\) Whether the study's findings are statistically significant and
replicable.

\(2\) Whether the study and its findings have withstood peer review.

\(3\) Whether the study methodology has been sufficiently described to
permit replication of the study.

\(4\) Whether the study's findings are applicable to the veteran
population of interest.

\(5\) The views of the appropriate panel of the Scientific Council of
the Veterans' Advisory Committee on Environmental Hazards.

\(c\) When the Secretary determines, based on the evaluation of
scientific or medical studies and after receiving the advice of the
Veterans' Advisory Committee on Environmental Hazards and applying the
reasonable doubt doctrine as set forth in paragraph (d)(1) of this
section, that a significant statistical association exists between any
disease and exposure to a herbicide containing dioxin or exposure to
ionizing radiation, §§3.311a or 3.311b of this title, as appropriate,
shall be amended to provide guidelines for the establishment of service
connection.

\(d\) (1) For purposes of paragraph (c) of this section a *significant
statistical association* shall be deemed to exist when the relative
weights of valid positive and negative studies permit the conclusion
that it is at least as likely as not that the purported relationship
between a particular type of exposure and a specific adverse health
effect exists.

\(2\) For purposes of this paragraph a valid study is one which:

\(i\) Has adequately described the study design and methods of data
collection, verification and analysis;

\(ii\) Is reasonably free of biases, such as selection, observation and
participation biases; however, if biases exist, the investigator has
acknowledged them and so stated the study's conclusions that the biases
do not intrude upon those conclusions; and

\(iii\) Has satisfactorily accounted for known confounding factors.

\(3\) For purposes of this paragraph a valid positive study is one which
satisfies the criteria in paragraph (d)(2) of this section and whose
findings are statistically significant at a probability level of .05 or
less with proper accounting for multiple comparisons and subgroup
analyses.

\(4\) For purposes of this paragraph a valid negative study is one which
satisfies the criteria in paragraph (d)(2) of this section and has
sufficient statistical power to detect an association between a
particular type of exposure and a specific adverse health effect if such
an association were to exist.

\(e\) For purposes of assessing the relative weights of valid positive
and negative studies, other studies affecting epidemiological
assessments including case series, correlational studies and studies
with insufficient statistical power as well as key mechanistic and
animal studies which are found to have particular relevance to an effect
on human organ systems may also be considered.

\(f\) Notwithstanding the provisions of paragraph (d) of this section, a
sig*nificant statistical association* may be deemed to exist between a
particular exposure and a specific disease if, in the Secretary's
judgment, scientific and medical evidence on the whole supports such a
decision. (Authority: 38 U.S.C. 501(a); Pub. L. 98-542)

\[54 FR 40391, Oct. 2, 1989; 54 FR 46187, Nov. 1, 1989\]

**§1.18 Guidelines for establishing presumptions of service connection
for former prisoners**

> **of war.**

\(a\) *Purpose*. The Secretary of Veterans Affairs will establish
presumptions of service connection for former prisoners of war when
necessary to prevent denials of benefits in significant numbers of
meritorious claims.

\(b\) *Standard*. The Secretary may establish a presumption of service
connection for a disease when the Secretary finds that there is at least
limited/suggestive evidence that an increased risk of such disease is
associated with service involving detention or internment as a prisoner
of war and an association between such detention or internment and the
disease is biologically plausible.

\(1\) *Definition*. The phrase "limited/suggestive evidence" refers to
evidence of a sound scientific or medical nature that is reasonably
suggestive of an association between prisoner-of-war experience and the
disease, even though the evidence may be limited because matters such as
chance, bias, and confounding could not be ruled out with confidence or
because the relatively small size of the affected population restricts
the data available for study.

\(2\) *Examples*. "Limited/suggestive evidence" may be found where one
high-quality study detects a statistically significant association
between the prisoner-of-war experience and disease, even though other
studies may be inconclusive. It also may be satisfied where several
smaller studies detect an association that is consistent in magnitude
and direction. These examples are not exhaustive.

\(c\) *Duration of detention or internment*. In establishing a
presumption of service connection under paragraph (b) of this section,
the Secretary may, based on sound scientific or medical evidence,
specify a minimum duration of detention or internment necessary for
application of the presumption.

\(d\) *Association*. The requirement in paragraph (b) of this section
that an increased risk of disease be "associated" with prisoner-of-war
service may be satisfied by evidence that demonstrates either a
statistical association or a causal association.

\(e\) *Evidence*. In making determinations under paragraph (b) of this
section, the Secretary will consider, to the extent feasible:

> \(1\) Evidence regarding the increased incidence of disease in former
> prisoners of war;
>
> \(2\) Evidence regarding the health effects of circumstances or
> hardships similar to those experienced by prisoners of war (such as
> malnutrition, torture, physical abuse, or psychological stress);
>
> \(3\) Evidence regarding the duration of exposure to circumstances or
> hardships experienced by prisoners of war that is associated with
> particular health effects; and
>
> \(4\) Any other sound scientific or medical evidence the Secretary
> considers relevant.

\(f\) *Evaluation of studies*. In evaluating any study for the purposes
of this section, the Secretary will consider:

> \(1\) The degree to which the study\'s findings are statistically
> significant;
>
> \(2\) The degree to which any conclusions drawn from the study data
> have withstood peer review;
>
> \(3\) Whether the methodology used to obtain the data can be
> replicated;
>
> \(4\) The degree to which the data may be affected by chance, bias, or
> confounding factors; and
>
> \(5\) The degree to which the data may be relevant to the experience
> of prisoners of war in view of similarities or differences in the
> circumstances of the study population.

\(g\) *Contracts for Scientific Review and Analysis*. To assist in
making determinations under this section, the Secretary may contract
with an appropriate expert body to review and summarize the scientific
evidence, and assess the strength thereof, concerning the association
between detention or internment as a prisoner of war and the occurrence
of any disease, or for any other purpose relevant to the Secretary\'s
determinations.

Authority: 38 U.S.C. 501(a), 1110.

\[69 FR 60089, Oct. 7, 2004\]

**Supplement *Highlights* reference**: 65(1)

*Next Section is §1.200*