59990 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 

child’s program for reasons beyond the 

child’s control, it is ultra vires and of no 

effect. 

(b) The effect of finding clear and 

unmistakable error (‘‘CUE’’) is that the 

corrected decision is considered made 

on the date of the reversed decision. 38 

CFR 3.105(a). Based on CUE, the veteran 

in this case was found entitled to 

compensation for permanent and total 

service-connected disability (‘‘P&T’’) 

effective August 19, 1986. As of the 

same date, each of the veteran’s sons 

thereby became an ‘‘eligible person’’

(defined in 38 U.S.C. 3501(a)(1)(A)(ii)) 

entitled to chapter 35 education 

benefits. Such entitlement may be used 

during an 8-year eligibility period 

determined pursuant to 38 U.S.C. 3512, 

but in no event before the date when the 

affected child became an ‘‘eligible 

person’’ (i.e., August 19, 1986). 

(c) The basic chapter 35 eligibility 

period under section 3512(a) runs from 

the child’s 18th birthday to the child’s 

26th birthday, but exceptions exist. 

Under the ‘‘first finds’’ exception, when 

the effective date of the veteran’s P&T 

disability is between the child’s 18th 

and 26th birthdays, section 3512(a)(3), 

as in force in November 1999, 

establishes, by operation, the beginning 

date for the child’s eligibility period as 

the date the Secretary first finds that the 

parent from who eligibility is derived 

has a service-connected disability 

permanent in nature. The term ‘‘first 

finds’’ is defined in subsection 3512(d) 

to mean the effective date of the parent’s 

P&T rating or the date of notification to 

the parent, whichever is more 

advantageous to the eligible person. 

Thus, a child’s chapter 35 eligibility 

period must be determined on the facts 

found and based on the eligibilityperiod-beginning date that is more 

advantageous to the child pursuant to 

the application of both section 

3512(a)(3) and section 3512(d). In 

addition, an award of chapter 35 

benefits is predicated on the timely 

filing of a claim therefor. 38 U.S.C. 

3513; 38 CFR 21.1029. The date of claim 

is an integral factor in determining the 

date from which benefits may be 

awarded, pursuant to 38 U.S.C. 5113, for 

pursuit of an approved program of 

education pursued during the child’s 

established chapter 35 eligibility period. 

Effective Date: July 27, 2004. 

VAOPGCPREC 9–2004 

Question Presented: Can a veteran 

receive separate ratings under 

Diagnostic Code (DC) 5260 (leg, 

limitation of flexion) and DC 5261 (leg, 

limitation of extension) for disability of 

the same joint? 

Held: Separate ratings under DC 5260 

(leg, limitation of flexion) and DC 5261 

(leg, limitation of extension), both 

currently codified at 38 CFR 4.71a, may 

be assigned for disability of the same 

joint. 

Effective Date: September 17, 2004.

Dated: September 27, 2004.

By Direction of the Secretary. 

John H. Thompson, 

Deputy General Counsel.

[FR Doc. 04–22436 Filed 10–5–04; 8:45 am] 

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS 

AFFAIRS 

Research Advisory Committee on Gulf 

War Illnesses; Notice of Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92–

463 (Federal Advisory Committee Act) 

that the Research Advisory Committee 

on Gulf War Veterans’ Illnesses will 

meet on October 25–26, 2004, at the 

Department of Veterans Affairs, 811 

Vermont Avenue, NW., Room 819, 

Washington, DC. The session on 

October 25 will convene at 8 a.m. and 

adjourn at 5 p.m. The session on 

October 26 will convene at 8 a.m. and 

adjourn at 3 p.m. Both sessions will be 

open to the public. 

The purpose of the Committee is to 

provide advice and make 

recommendations to the Secretary of 

Veterans Affairs on proposed research 

studies, research plans and research 

strategies relating to the health 

consequences of military service in the 

Southwest Asia theater of operations 

during the Gulf War. 

The Committee will review VA 

program activities related to Gulf War 

veterans’ illnesses. The Committee will 

also hear presentations on data 

collection related to exposures and 

troop locations during the 1991 Gulf 

War and the current deployments in 

Iraq. There will be an update on 

scientific research on Gulf War illnesses 

published since the lost committee 

meeting. Additionally there will be 

preliminary information on treatment 

research for Gulf War illnesses, research 

related to possible health effects of 

exposure to oil well fires and other 

combustible petroleum products during 

the 1991 Gulf War, and discussion of 

committee business and activities. 

Members of the public may submit 

written statements for the Committee’s 

review to Ms. Preeti Hans, Designated 

Federal Officer, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420. Any member of 

the public seeking additional 

information should contact Ms. Preeti 

Hans at (202) 254–0223.

Dated: September 28, 2004. 

By Direction of the Secretary. 

E. Philip Riggin, 

Committee Management Officer.

[FR Doc. 04–22439 Filed 10–6–04; 8:45 am] 

BILLING CODE 8320–01–M

DEPARTMENT OF VETERANS 

AFFAIRS 

Advisory Committee on Women 

Veterans; Notice of Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92–

463 (Federal Advisory Committee Act) 

that the Advisory Committee on Women 

Veterans will meet October 19–21, 2004, 

from 8:15 a.m. to 3:30 p.m. in room C–

7–C, VA Central Office, 810 Vermont 

Avenue, NW., Washington, DC 20420. 

The meeting is open to the public. 

The purpose of the Committee is to 

advise the Secretary of Veterans Affairs 

regarding the needs of women veterans 

with respect to health care, 

rehabilitation, compensation, outreach, 

and other programs and activities 

administered by VA designed to meet 

such needs. The Committee will make 

recommendations to the Secretary 

regarding such programs and activities. 

On October 19, the agenda will 

include briefings and updates on issues 

related to women veterans’ issues in the 

Veterans Health Administration (VHA), 

including any treatment issues related 

to Operation Iraqi Freedom and 

Operation Enduring Freedom combat 

veterans and briefings from VHA’s 

Women Veterans Health Program 

Deputy Field Directors on issues in the 

Veterans Benefits Administration, 

including outreach efforts and the role 

of the Women Veterans Coordinator in 

VA Regional Offices; presentation of 

Certificates of Appointment to four new 

Committee members; and discussion of 

the 2004 Report of the Advisory 

Committee on Women Veterans. On 

October 20, the Committee will be 

briefed on legislative issues affecting 

women veterans, VA research on 

women’s health issues, upcoming 

initiatives of the Center for Women 

Veterans, and general ethics information 

related to Committee membership. On 

October 21, the Committee will be 

briefed by a representative from the 

Department of Labor Veterans’

Employment and Training Service 

(VETS) on employment opportunities 

for women veterans, next steps and 

implementation of the National Capital 

Asset Realignment of Enhanced Services 

(CARES) recommendations, and will

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 59991

discuss any new issues that the 

Committee members may introduce. 

Any member of the public wishing to 

attend should contact Ms. Rebecca 

Schiller, at the Department of Veterans 

Affairs, Center for Women Veterans 

(00W), 810 Vermont Avenue, NW., 

Washington, DC 20420. Ms. Schiller 

may be contacted either by phone at 

(202) 273–6193, fax at (202) 273–7092, 

or e-mail at 00W@mail.va.gov. Interested 

persons may attend, appear before, or 

file statements with the Committee. 

Written statements must be filed before 

the meeting, or within 10 days after the 

meeting.

Dated: September 29, 2004,

By Direction of the Secretary. 

E. Philip Reggin, 

Committee Management Officer.

[FR Doc. 04–22438 Filed 10–5–04; 8:45 am] 

BILLING CODE 8320–01–M

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974

AGENCY: Department of Veterans Affairs 

(VA).

ACTION: Notice of new system of records.

SUMMARY: The Privacy Act of 1974 (5 

U.S.C. 552a(e)(4)) requires that all 

agencies publish in the Federal Register

a notice of the existence and character 

of their systems of records. Notice is 

hereby given that the Department of 

Veterans Affairs (VA) is establishing a 

new system of records entitled ‘‘My 

HealtheVet Administrative Records—

VA’’ 130VA19.

DATES: Comments on this new system of 

records must be received no later than 

November 5, 2004. If no public 

comment is received during the period 

allowed for comment or unless 

otherwise published in the Federal 

Register by VA, the new system will 

become effective November 5, 2004.

ADDRESSES: Written comments 

concerning the proposed new system of 

records may be submitted by: Mail or 

hand-delivery to Director, Regulations 

Management (00REG1), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; fax to (202) 273–9026; or e-mail 

to VAregulations@mail.va.gov. All 

comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 273–9515 for an appointment.

FOR FURTHER INFORMATION CONTACT:

Veterans Health Administration (VHA) 

Privacy Officer, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, telephone (727) 

320–1839.

SUPPLEMENTARY INFORMATION: 

Background: My HealtheVet is a webbased system that provides veterans 

with information and tools that they can 

use to increase their knowledge about 

health conditions, increase 

communication with their care 

providers and improve their own health. 

Participating veterans can request online prescription refills, view upcoming 

appointments, and check their copayment balances. Through a web-based 

environment, the VA will also provide 

a secure and private health space where 

veterans can enter their own medical 

information in a ‘‘self-entered’’ health 

information section, and request a 

download of copies of key portions of 

their official VA health record. Veterans 

can personalize this private 

environment with links to explanatory 

material that may help them understand 

their health record and how to improve 

their health. As My HealtheVet is 

refined, VA plans to offer more services 

to veterans, such as secure electronic 

messaging with their VA health care 

providers. 

While VA is the authoritative source 

of veterans’ VA medical records, once 

veterans request copies of key portions 

of their medical records, VA will 

download the copies into a secure and 

private health space where they are 

owned and maintained by the veteran. 

The veteran’s self-entered health 

information is also owned and 

maintained by the veteran in the My 

HealtheVet secure and private health 

space. This self-entered health 

information is only included in the 

veteran’s official VA medical record 

upon the veteran’s request and upon the 

VA’s medical determination that it is 

appropriate to include it in the official 

medical record. 

The VA does not provide access to the 

veteran’s personal health information in 

My HealtheVet in medical emergency 

situations. However, if a non-VA health 

care provider requires information from 

VA medical records to treat a veteran 

patient, the non-VA health care provider 

should contact the VA facility where the 

veteran patient was last treated to obtain 

that information. 

This new on-line environment, which 

is consistent with existing VA clinical 

practices, allows veterans to share all or 

part of the information in their account 

with other individuals, such as family 

members, and VA and non-VA health 

care providers. 

VA will only release the health 

information in the veteran’s private and 

secure health space when authorized to 

do so by the veteran user, except in very 

limited circumstances. These limited 

circumstances include in response to a 

court order or a subpoena signed by a 

judge, or in response to a written 

request from a law enforcement agency. 

Further details about the operation and 

maintenance of My HealtheVet are 

provided to qualified individuals at the 

time they register for the My HealtheVet 

program. 

In order to administer the My 

HealtheVet program and support the 

provision of the above benefits to 

veterans, VHA is retaining 

administrative information, including 

personally identifiable information, on 

users and information technology (IT) 

administrators of My HealtheVet 

electronic services. This administrative 

information is stored in the My 

HealtheVet Administrative Records 

System, and constitutes a system of 

records. 

I. Description of Proposed System of 

Records 

The proposed My HealtheVet 

Administrative Records System contains 

administrative information created or 

collected during the course of operating 

My HealtheVet, and is provided by 

veterans and other qualified 

individuals, their delegates and 

grantees, Veterans Health Information 

Systems and Technology Architecture 

(VistA) IT systems, VA employees, 

contractors, and subcontractors. At this 

time, the My HealtheVet program is 

planning to maintain minimal 

administrative records at each local 

facility, while maintaining more 

comprehensive administrative records 

at a central location in the VA Austin 

Automation Center. The records kept 

locally support the local VA My 

HealtheVet training programs, sensitive 

information reviews and VA’s annual 

reporting requirements under the 

Freedom of Information Act (FOIA) for 

those veterans who sign up for 

electronic access to copies of key 

portions of their health records. 

The more comprehensive repository 

of administrative information is being 

housed at the Austin Automation Center 

(AAC). This information is used to 

support My HealtheVet electronic 

services, such as requests for 

prescription refill, co-payment and 

appointment information, entry of 

personal health metrics, and requests for 

copies of key portions of the personal 

health information on-line. This 

information may also be used for 

business administrative reports for