[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Rules and Regulations]
[Page 20438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11280]



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DEPARTMENT OF THE TREASURY
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3

RIN 2900-AH87


Removal of References to ``Vicious Habits''

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: Certain Department of Veterans Affairs (VA) regulations state 
that to be eligible for pension a veteran must be permanently and 
totally disabled from nonservice-connected disability not due to the 
veteran's own willful misconduct or vicious habits. The statute upon 
which these regulations is based was changed in 1978 to delete 
references to ``vicious habits.'' The purpose of this rule is to 
conform the regulations to the statute.

EFFECTIVE DATE: This amendment is effective May 7, 1996.

FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone (202) 273-7210.

SUPPLEMENTARY INFORMATION: Before 1978, the statute governing 
entitlement to pension for nonservice-connected disability (now 38 
U.S.C. 1521(a)) provided that VA pension was potentially payable to a 
veteran who was permanently and totally disabled from non-service-
connected disability not the result of the veteran's willful misconduct 
or vicious habits. In 1978 the Veterans' and Survivors' Pension 
Improvement Act of 1978, Public Law 95-588, deleted the words ``vicious 
habits'' from the pension statute.
    In 1990 VA amended 38 CFR 3.301(b) to delete the reference to 
``vicious habits'' (55 FR 13529). 38 CFR 3.301(b) now states simply 
that ``disability pension is not payable for any condition due to the 
veteran's own willful misconduct.''
    There are additional references to ``vicious habits'' in 38 CFR 
sections 3.314(b)(2), and 3.323(b) which apparently were overlooked 
when 38 CFR 3.301(b) was amended in 1990. This rule deletes those 
references and conforms the rules to the current language of 38 U.S.C. 
1521(a).
    Since these amendments are in the nature of a technical correction, 
the Secretary finds that notice and public procedure thereon are 
unnecessary. Accordingly, these amendments are promulgated without 
regard to the notice-and-comment and effective-date provisions of 5 
U.S.C. 553.
    Because no notice of proposed rulemaking was required in connection 
with the adoption of this final rule, no regulatory flexibility 
analysis is required under the Regulatory Flexibility Act (5 U.S.C. 
601-612). Even so, the Secretary hereby certifies that this final rule 
will not have a significant economic impact on a substantial number of 
small entities as they are defined in the Regulatory Flexibility Act. 
This amendment will directly affect VA beneficiaries but will not 
affect small businesses.
    The catalog of Federal Domestic Assistance program number is 
64.104.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: April 19, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is 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.


Sec. 3.314  Basic pension determinations.

    2. In Sec. 3.314(b)(2) remove the words ``or vicious habits''.


Sec. 3.323  Combined ratings.

    3. In Sec. 3.323(b)(1) and (b)(2) remove the words ``or vicious 
habits''.

[FR Doc. 96-11280 Filed 5-6-96; 8:45 am]
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