61132 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Proposed Rules

common to Sections 19 and 20, the

point of beginning.

Bradley A. Buckles,

Director.

[FR Doc. 00–26454 Filed 10–13–00; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AK00

Post-Traumatic Stress Disorder Claims

Based on Personal Assault

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend Department of Veterans Affairs

(VA) adjudication regulations

concerning the proof necessary to

establish occurrence of a stressor in

claims for service connection of posttraumatic stress disorder (PTSD)

resulting from personal assault. This

amendment would provide that

evidence other than the veteran’s

service records may be sufficient to

establish the occurrence of the stressor.

The proposed regulation also would

require that VA not deny such claims

without first advising claimants that

evidence from sources other than a

veteran’s service records may prove the

stressor occurred. This would make

claimants aware of the types of evidence

which might support their claims, and

would give them an opportunity to

obtain and submit such evidence. It

would also ensure that VA will not deny

claims simply because the claimants did

not realize that certain types of evidence

may be relevant and therefore failed to

submit such evidence to VA.

DATES: Comments must be received on

or before December 15, 2000.

ADDRESSES: Mail or hand-deliver

written comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420; or fax comments

to (202) 273–9289; or e-mail comments

to ‘‘OGCRegulations@mail.va.gov’’.

Comments should indicate that they are

submitted in response to ‘‘RIN 2900–

AK00.’’ All comments received will be

available for public inspection in the

Office of Regulations Management,

Room 1158, between the hours of 8:00

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

Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Bill

Russo, Regulations Staff, Compensation

and Pension Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420; telephone (202)

273–7210.

SUPPLEMENTARY INFORMATION: Section

3.304(f) of 38 CFR states that service

connection for PTSD requires medical

evidence diagnosing the condition; a

link, established by medical evidence,

between current symptoms and an inservice stressor; and credible supporting

evidence that the claimed in-service

stressor occurred.

A claim for PTSD may be based upon

a personal assault, including sexual

assault. Many incidents of in-service

personal assault are not officially

reported, and veterans may find it

difficult to produce evidence to prove

the occurrence of this type of stressor.

This proposed amendment addresses

this difficulty by specifying that

evidence from sources other than the

veteran’s service records may constitute

credible supporting evidence of the inservice stressor, where the alleged

stressor is a personal assault.

VA’s Adjudication Procedure Manual,

M21–1, discusses the types of evidence

which may be credible supporting

evidence that the stressor occurred for

PTSD claims involving an in-service

personal assault. M21–1, Part III, par.

5.14c. and Part VI, par. 11.38. In Patton

v. West, 12 Vet. App. 272, 283 (1999),

the U.S. Court of Appeals for Veterans

Claims discussed paragraph 5.14c. of

M21–1, Part III, referring to it as a

‘‘regulatory provision [ ].’’ We are

proposing to amend VA’s adjudication

regulations at § 3.304(f) to specify the

types of evidence, other than a veteran’s

service records, which may establish the

occurrence of a personal assault during

service.

This proposed amendment would

recognize that in PTSD claims based on

in-service assault, evidence from

sources other than a veteran’s service

records may constitute credible

supporting evidence of the stressor.

Examples of such evidence include, but

are not limited to: Records from law

enforcement authorities, rape crisis

centers, mental health counseling

centers, hospitals or physicians; and

statements from family members,

roommates, fellow service members or

clergy.

Evidence from these sources might

include, for example, evidence of

behavior changes following the personal

assault. Examples of behavior changes

that might result from a personal assault

include, but are not limited to: A

request by the veteran for a transfer to

another military duty assignment; a

change in work performance; substance

abuse; episodes of depression, panic

attacks or anxiety where there is no

identifiable reason for the episodes; or

unexplained economic or social

behavior changes.

The proposed regulation would also

provide that VA will not deny a PTSD

claim which is based on personal

assault without first advising the

claimant that evidence from alternative

sources or evidence of behavior changes

may constitute credible supporting

evidence of the stressor. This would

ensure that claimants are aware of the

types of evidence which might support

their claims and would give them an

opportunity to obtain and submit such

evidence. It would also ensure that VA

will not deny claims simply because the

claimants did not realize that certain

types of evidence may be relevant and

therefore failed to submit such evidence

to VA.

The proposed amendment also would

state that VA may submit any evidence

that it receives to an appropriate

medical professional for an opinion as

to whether it indicates that a personal

assault occurred. Such an opinion may

be necessary when evidence requires

medical interpretation and analysis

based on the portion of the American

Psychiatric Association’s Diagnostic and

Statistical Manual of Mental Disorders,

Fourth Edition, which concerns PTSD.

This proposed amendment would also

divide current § 3.304(f), regarding

PTSD claims, into two new subparagraphs, one involving PTSD claims

by combat veterans and the other

concerning PTSD claims by former

prisoners-of-war. No substantive change

would be made by this aspect of the

proposal.

OMB Review

This proposed rule has been reviewed

by OMB under Executive Order 12866.

Regulatory Flexibility Act

The Secretary hereby certifies that

this regulatory amendment will not

have a significant economic impact on

a substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.

The reason for this certification is that

these amendments would not directly

affect any small entities. Only VA

beneficiaries could be directly affected.

Therefore, pursuant to 5 U.S.C. 605(b),

these amendments are exempt from the

initial and final regulatory flexibility

analysis requirements of sections 603

and 604.

The Catalog of Federal Domestic

Assistance program numbers are 64.100,

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Proposed Rules 61133

64.101, 64.104, 64.105, 64.106, 64.109, and

64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Disability benefits,

Health care, Pensions, Veterans,

Vietnam.

Approved: July 17, 2000.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is proposed to

be amended as follows:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

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. In § 3.304, paragraph (f) is revised

to read as follows:

§ 3.304 Direct service connection; wartime

and peacetime.

* * * * *

(f) Post-traumatic stress disorder.

Service connection for post-traumatic

stress disorder requires medical

evidence diagnosing the condition in

accordance with § 4.125(a) of this

chapter; a link, established by medical

evidence, between current symptoms

and an in-service stressor; and credible

supporting evidence that the claimed inservice stressor occurred.

(1) If the evidence establishes that the

veteran engaged in combat with the

enemy and the claimed stressor is

related to that combat, in the absence of

clear and convincing evidence to the

contrary, and provided that the claimed

stressor is consistent with the

circumstances, conditions, or hardships

of the veteran’s service, the veteran’s lay

testimony alone may establish the

occurrence of the claimed in-service

stressor.

(2) If the evidence establishes that the

veteran was a prisoner-of-war under the

provisions of § 3.1(y) of this part and the

claimed stressor is related to that

prisoner-of-war experience, in the

absence of clear and convincing

evidence to the contrary, and provided

that the claimed stressor is consistent

with the circumstances, conditions, or

hardships of the veteran’s service, the

veteran’s lay testimony alone may

establish the occurrence of the claimed

in-service stressor.

(3) If a post-traumatic stress disorder

claim is based on in-service personal

assault, evidence from sources other

than the veteran’s service records may

constitute credible supporting evidence

of the stressor. Examples of such

evidence include, but are not limited to:

Records from law enforcement

authorities, rape crisis centers, mental

health counseling centers, hospitals or

physicians; and statements from family

members, roommates, fellow service

members or clergy. Evidence of behavior

changes following the claimed assault is

one type of relevant evidence which

may be found in these sources.

Examples of behavior changes that may

constitute credible supporting evidence

of the stressor include, but are not

limited to: A request for a transfer to

another military duty assignment;

deterioration in work performance;

substance abuse; episodes of depression,

panic attacks, or anxiety without an

identifiable cause; or unexplained

economic or social behavior changes.

VA will not deny a post-traumatic stress

disorder claim which is based on inservice personal assault without first

advising the claimant that evidence

from sources other than the veteran’s

service records or evidence of behavior

changes may constitute credible

supporting evidence of the stressor and

allowing him or her the opportunity to

furnish this type of evidence or advise

VA of potential sources of such

evidence. VA may submit any evidence

that it receives to an appropriate

medical professional for an opinion as

to whether it indicates that a personal

assault occurred.

(Authority: 38 U.S.C. 501(a), 1154(b))

[FR Doc. 00–26450 Filed 10–13–00; 8:45 am]

BILLING CODE 8320–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 030–EOC; FRL–6885–8]

Revisions to the California State

Implementation Plan, Bay Area Air

Quality Management District;

Extension of Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of

comment period.

SUMMARY: EPA is extending the

comment period for action proposed on

September 18, 2000 (65 FR 56284).

DATE: Any comments on this proposal

must arrive by November 17, 2000.

ADDRESSES: Mail comments to David

Wampler, Permits Office (Air-3), U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

FOR FURTHER INFORMATION CONTACT:

David Wampler, Permits Office (Air-3),

U.S. Environmental Protection Agency,

Region IX, (415) 744–1256.

SUPPLEMENTARY INFORMATION: On

September 18, 2000, EPA proposed the

following revisions to the California

State Implementation Plan (SIP).

Local agency Rule No. Proposed action

Bay Area AQMD .................. Regulation 1 .................................................................... Approval.

Bay Area AQMD .................. Regulation 2, Rules 1, 2, and 4 ...................................... Limited Approval/Disapproval.