Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Notices 50869 

conclusion that those substances, 

considered in isolation, are themselves 

agents ‘‘known or presumed to be 

associated with service in the Southwest 

Asia theater of operations during the 

Persian Gulf War’’ for purposes of VA’s 

duty to establish presumptions of 

service connection. Section 1603 of 

Public Law 105–277 describes the scope 

of NAS’ inquiry. Section 1603(c)(1) 

directs NAS to ‘‘identify the biological, 

chemical, or other toxic agents, 

environmental or wartime hazards, or 

preventive medicines or vaccines to 

which members of the Armed Forces 

who served in the Southwest Asia 

Theater of operations during the Persian 

Gulf War may have been exposed by 

reason of such service.’’ Section 1603(d) 

of that statute provides that, in 

identifying substances to which Gulf 

War veterans ‘‘may have been exposed,’’

NAS will consider, among other things, 

oil fire byproducts. In contrast, section 

1602 of Public Law 105–277 does not 

direct the Secretary to establish 

presumptions of service connection for 

the health effects of every substance to 

which Gulf War veterans ‘‘may have 

been exposed,’’ but requires 

presumptions only for the health effects 

of exposure to substances known or 

presumed to be ‘‘associated with’’

service in the Gulf War. Congress used 

different language in section 1602 and 

1603 of Public Law 105–277, and we 

must conclude that the different 

language was intended to have different 

meanings. See Bank of America 

National Trust & Savings Ass’n v. 203 

N. LaSalle St. Partnership, 526 U.S. 434, 

450 (1999); Russello v. United States, 

464 U.S. 16, 23 (1983). Congress 

reasonably defined the scope of NAS’

inquiry broadly, to include 

consideration of all substances to which 

veterans may have been exposed during 

the Gulf War, irrespective of whether 

the exposures were unique to Gulf War 

service or common to all service. In 

defining VA’s regulation-writing 

obligations, however, Congress 

reasonably required VA to establish 

presumptions of service connection 

only for the health effects of substances 

that are ‘‘associated with’’ Gulf War 

service. As noted above, that limitation 

furthers Congress’ purpose of 

establishing presumptions for the 

unique health concerns of Gulf War 

veterans and also avoids the inequity of 

establishing presumptions exclusively 

for Gulf War veterans based on 

exposures that are common to most 

veterans. 

Our conclusion that the hydrazines 

and combustion products in question, in 

isolation, cannot at this time be 

determined to be ‘‘associated with’’ Gulf 

War service is not intended to suggest 

that they are irrelevant to further 

investigations of Gulf War veterans’

health or that they may not in any 

circumstance form the basis for 

presumptions of service connection 

under Public Law 105–277. In the event 

future evidence links any illnesses to a 

combination of exposures associated 

with Gulf War service, whether or not 

including exposure to fuels, combustion 

products, and propellants, VA may 

establish presumptions of service 

connections for such illnesses pursuant 

to Public Law 105–277. 

This determination also in no way 

prevents veterans from obtaining service 

connection for the health effects 

discussed in the NAS report where the 

potential for above-normal exposures 

was present in service. Under 

established current procedures, VA 

develops and considers evidence 

concerning events or aspects of service 

that may contribute to the incurrence of 

an illness. Accordingly, if a veteran’s 

occupation in service, such as a 

firefighter or mechanic, entailed abovenormal exposure to combustion 

products, VA will give due 

consideration to that unique exposure in 

determining whether service connection 

is warranted for a health effect known 

to be associated with such exposure. 

Similarly, if a veteran served in a role 

that may have involved exposure to 

hydrazines, VA will evaluate that factor 

in determining whether service 

connection is warranted for a disease 

associated with such exposure. These 

standards apply to claims by veterans of 

any period of service, and are not 

dependent upon any presumption of 

service connection. A presumption of 

service connection is not needed for the 

purpose of establishing a link between 

exposure to combustion products or 

hydrazines and any disease identified in 

the NAS report as associated with such 

exposures, because those health effects 

are generally well known and, in any 

event, the NAS report itself provides 

significant additional evidence of such 

an association. Accordingly, the 

determination not to establish a 

generally applicable presumption based 

on the NAS report will not preclude the 

grant of benefits to any individual 

whose service entailed the type of 

exposure NAS found to be associated 

with an increased risk of disease 

incurrence. 

V. Conclusion 

After careful review of the findings of 

the 2004 NAS report, ‘‘Gulf War & 

Health Vol. 3: Fuels, Combustion 

Products, and Propellants,’’ and other 

pertinent information including reports 

from DoD on potential exposure of U.S. 

service members, the Secretary has 

determined that the scientific evidence 

presented in the 2004 NAS report and 

other information available to the 

Secretary indicates that no new 

presumption of service connection is 

warranted for any of the illnesses 

described in the 2004 NAS report. 

Approved: August 21, 2008. 

James B. Peake, 

Secretary of Veterans Affairs. 

[FR Doc. E8–19971 Filed 8–27–08; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Voluntary Service National Advisory 

Committee; Notice of Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92–

463 (Federal Advisory Committee Act) 

that the Executive Committee to the 

Department of Veterans Affairs 

Voluntary Service (VAVS) National 

Advisory Committee (NAC) will meet 

October 6–7, 2008, at the Marriott West 

Chase, Houston, Texas. The sessions 

will begin at 8 a.m. each day and end 

at 4:30 p.m. on October 6 and at noon 

on October 7. The meeting is open to the 

public. 

The NAC consists of 63 national 

organizations and advises the Secretary, 

through the Under Secretary for Health, 

on the coordination and promotion of 

volunteer activities within VA health 

care facilities. The Executive Committee 

consists of 18 representatives from the 

NAC member organizations. 

On October 6, agenda topics will 

include: NAC goals and objectives, 

minutes of April 2008 NAC meeting, 

Veterans Health Administration update, 

VAVS update on the Voluntary Service 

program’s activities since the 2008 NAC 

annual meeting, Parke Board update, 

evaluations of the 2008 NAC annual 

meeting and plans for the 2009 NAC 

annual meeting (to include workshops 

and plenary sessions). On October 7, 

agenda topics will include: 

Recommendations from the 2008 NAC 

annual meeting, subcommittee reports, 

standard operating procedure revisions, 

2010 NAC annual meeting planning, 

and new business. 

No time will be allocated at this 

meeting for receiving presentations from 

the public. However, interested persons 

may either attend or file statements with 

the Committee. Written statements may 

be filed either before the meeting or 

within 10 days after the meeting and 

addressed to: Ms. Laura Balun, 


jlentini on PROD1PC65 with NOTICES
50870 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Notices 

Designated Federal Officer, Voluntary 

Service Office (10C2), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420. Ms. Balun 

can be contacted by phone at (202) 461–

7300. 

Dated: August 21, 2008. 

By direction of the Secretary. 

E. Philip Riggin, 

Committee Management Officer. 

[FR Doc. E8–19841 Filed 8–27–08; 8:45 am] 

BILLING CODE 8320–01–M 


jlentini on PROD1PC65 with NOTICES