Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 53199 

(iv) 2013: The 2012 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2011 to October 2012; 

(v) 2014: The 2013 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2012 to October 2013. 

(2) Viewing in commercial 

establishments. The rates applicable to 

Satellite Carriers’ carriage of each 

broadcast signal for viewing in 

commercial establishments shall be as 

follows: 

(i) 2010: 50 cents per subscriber per 

month (for each month of 2010); 

(ii) 2011: The 2010 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2009 to October 2010; 

(iii) 2012: The 2011 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2010 to October 2011; 

(iv) 2013: The 2012 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items for 

October 2011 to October 2012; 

(v) 2014: The 2013 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2012 to October 2013. 

Dated: August 26, 2010. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2010–21684 Filed 8–30–10; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 1 

RIN 2900–AN14 

Deceased Indebted Servicemembers 

and Veterans: Authority Concerning 

Certain Indebtedness 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends 

Department of Veterans Affairs (VA) 

regulations to implement certain 

statutory provisions that grant limited 

authority to the Secretary of Veterans 

Affairs to terminate collection action on 

certain debts arising from a VA benefit 

program when the indebted individual 

is a member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations in a war or in combat 

against a hostile force during a period of 

hostilities on or after September 11, 

2001, and to refund amounts collected 

after the individual’s death. This 

document also implements statutory 

provisions that grant the Secretary 

discretionary authority to suspend or 

terminate collection of debts owed to 

VA by individuals who died while 

serving on active duty as a member of 

the Army, Navy, Air Force, Marine 

Corps, or Coast Guard during a period 

when the Coast Guard is operating as a 

service in the Navy, and to refund 

amounts collected after the individual’s 

death. 

DATES: Effective Date: September 30, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Peter Mulhern, Office of Financial 

Policy (047G), Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–6487. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On June 

30, 2008, Congress enacted the Combat 

Veterans Debt Elimination Act of 2008, 

Public Law 110–252, of which section 

1303 amended chapter 53 of title 38, 

United States Code, to add a new 

section (38 U.S.C. 5302A) to grant 

limited authority to the Secretary of 

Veterans Affairs to terminate collection 

action on certain debts arising from an 

individual’s indebtedness from a VA 

benefit program. 

The indebted individual must be a 

member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations, as determined by the 

Secretary in consultation with the 

Secretary of Defense, in a war or in 

combat against a hostile force during a 

period of hostilities on or after 

September 11, 2001. This authority may 

be exercised in the Secretary’s 

discretion when determined to be in the 

best interest of the United States. This 

authority does not apply to any amounts 

owed the United States under any 

program carried out under the authority 

of 38 U.S.C. chapter 37 relating to 

housing and small business loans. This 

legislation eliminates the need to 

contact family members and avoids 

further hardship on them. Instead, it 

demonstrates appreciation for sacrifice 

on behalf of a grateful Nation. 

Section 1303 of Public Law 110–252 

also states that in any case where all or 

any part of a debt of a covered 

individual, as described in 38 U.S.C. 

5302A(a), was collected on or after 

September 11, 2001, but before the date 

of Public Law 110–252, enacted on June 

30, 2008, the Secretary may refund the 

amount collected if, in the Secretary’s 

determination, collection of the 

indebtedness would have been 

terminated had section 5302A been in 

effect at the time, and the individual is 

equitably entitled to such a refund. 

On October 10, 2008, Congress 

enacted the Veterans’ Benefits 

Improvement Act of 2008, Public Law 

110–389, of which section 801 amended 

31 U.S.C. 3711(f) to grant limited 

authority to the Secretary to suspend or 

terminate action by the Secretary to 

collect a claim against the estate of a 

person who died while serving on active 

duty as a member of the Army, Navy, 

Air Force, Marine Corps, or Coast Guard 

during a period when the Coast Guard 

is operating as a service in the Navy. 

The Secretary must determine that, 

under circumstances applicable with 

respect to the deceased person, it is 

appropriate to do so. Section 801 of 

Public Law 110–389 also grants the 

Secretary the authority to refund to the 

estate of the deceased member any 

amount collected by the Secretary from 

a member who died while serving on 

active duty as a member of the Armed 

Forces if the Secretary determines that, 

under the circumstances applicable 

with respect to the deceased person, it 

is appropriate to do so, whether 

collected before, on, or after October 10, 

2008. 

In a document published in the 

Federal Register on August 7, 2009, VA 

published the proposed rule associated 

with this document, see 74 FR 39589, 

which would implement the provisions 

of 38 U.S.C. 5302A and 31 U.S.C. 

3711(f). In that document, we proposed 

to add 38 CFR 1.945 to implement the 

Secretary’s limited authority to suspend 

or terminate collection action on certain 

debts arising from an individual’s 

indebtedness from a VA benefit 

program. Under proposed § 1.945, the 

individual must either be a person who 

died while serving on active duty after 

September 11, 2001, as a member of the 

Army, Navy, Air Force, Marine Corps, 

or Coast Guard during a period when 

the Coast Guard is operating as a service 

in the Navy or the individual must be 

a member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations, as determined by the 

Secretary in consultation with the 

Secretary of Defense, in a war or in 

combat against a hostile force during a 

period of hostilities after September 11, 

2001. 


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53200 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 

We proposed that this authority 

would be exercised in the Secretary’s 

discretion when determined to be in the 

best interest of the United States. The 

Secretary’s authority under proposed 

§ 1.945 would not apply to any amounts 

owed the United States under any 

program carried out under the authority 

of 38 U.S.C. chapter 37 relating to 

housing and small business loans. The 

proposed rule also stated that in any 

case where all or any part of a debt of 

a covered individual, as described in 38 

U.S.C. 5302A(a), was collected after 

September 11, 2001, the Secretary may 

refund the amount collected if, in the 

Secretary’s determination, collection of 

the indebtedness would have been 

terminated had section 5302A been in 

effect at the time and the individual is 

equitably entitled to such a refund and 

only if the Secretary determines that the 

deceased individual is equitably 

entitled to the refund. The Secretary 

would also be authorized to refund to 

the estate of a deceased individual who 

died while serving on active duty as a 

member of the Armed Forces any 

amount collected by the Secretary from 

that member if the Secretary determines 

that, under the circumstances applicable 

with respect to the deceased member, it 

is appropriate to do so. 

We provided a 60-day comment 

period, which ended on October 6, 

2009. We received two comments 

during this period. 

The first commenter expressed 

concern about ‘‘placing emphasis on the 

date of death’’ of the service member 

and suggested that we broaden the 

scope of the regulation to include those 

who died in the line of duty prior to 

September 11, 2001. The commenter 

stated, ‘‘any person that has voluntarily 

put themselves in the position to protect 

our country and its citizens should be 

extended this benefit regardless of a 

date of death.’’ 

In enacting Public Law 110–252, 

Congress limited the scope of 38 U.S.C. 

5302A to those members of the Armed 

Forces and veterans who died on or 

after September 11, 2001. Public Law 

110–389, applies to a person who died 

while serving on active duty and 

explains that the Secretary may refund 

to the estate of such person any amount 

previously collected on a VA claim 

regardless of whether such collection 

was before, on, or after the date of 

enactment of that law. Further, in 

enacting Public Law 110–389, Congress 

limited the scope of 31 U.S.C. 3711(f) to 

members of the Armed Forces who die 

on active duty. This law provides the 

Secretary with discretionary authority to 

suspend or terminate collection action 

and to refund amounts previously 

collected. Based upon this authority 

granted by Congress, we limited refunds 

to the estate or next-of-kin of 

servicemembers or veterans who served 

on active duty on or after September 11, 

2001. We believe that this ensures 

consistency and we will not make any 

changes to this rulemaking based upon 

this comment. 

The second commenter had several 

suggestions for expanding the scope of 

the rule including the following: (1) 

Providing specific language to include 

deaths related to post-traumatic stress 

disorder (PTSD) where the death of the 

veteran occurred well after combat; (2) 

distributing any refunds directly to the 

person responsible for the payment of 

the debt, rather than automatically 

distributing it to the deceased’s estate or 

next-of-kin; (3) developing a system to 

minimize or eliminate debt-related 

contact with the decedent’s family; (4) 

engaging the public and families 

directly to let them know a refund may 

be possible and to provide information 

on how to maneuver the process of 

obtaining a refund; and (5) expanding 

such debt relief to all debt, not just debt 

owed to VA. We will not make any 

changes to this rulemaking based upon 

these suggestions. 

Regarding the request that we include 

specific language concerning PTSDrelated deaths, the language of 38 U.S.C. 

5302A authorizes the Secretary to 

terminate collection action on debts 

owed by a member of the Armed Forces 

or a veteran who dies as a result of an 

injury incurred or aggravated in the line 

of duty while serving in a theater of 

combat operations after September 11, 

2001. The type of relief proposed by the 

commenter is beyond the authority of 

that statute because PTSD is considered 

a disease and not an injury. We note, 

however, that the language of 31 U.S.C. 

3711(f)(3) does not contain the same 

limitation; rather the Secretary may 

suspend or terminate collection of a 

debt of any person who dies while 

serving on active duty if under the 

circumstances it would be appropriate 

to do so. Therefore, the type of relief 

proposed by the commenter for deaths 

associated with diseases while serving 

on active duty may be appropriate 

under 31 U.S.C. 3711(f)(3). The final 

rule in § 1.945(a) provides the Secretary 

may suspend or terminate collection 

under this statute for any person who 

dies on active duty when the Secretary 

determines such action is appropriate 

and in the best interest of the United 

States. We made no changes to the final 

rule based on this comment. 

The second commenter also suggested 

that the distribution of any refunds go 

directly to the person responsible for 

payment of the debt, rather than 

automatic distribution to the deceased’s 

estate or next-of-kin. VA’s authority 

under title 38, United States Code, is 

generally limited to providing benefits 

for veterans and their survivors. 

Refunds are for the express purpose of 

providing relief to the families of certain 

indebted servicemembers or veterans. 

We believe that Congress intended that 

VA, in appropriate cases, would refund 

previously collected funds first to the 

decedent’s estate and, if there is no 

estate, then to the decedent’s surviving 

family members in the same order that 

VA pays accrued benefits to survivors 

under 38 U.S.C. 5121(a)(2). Therefore, 

this final rule implements our 

interpretation of Congressional intent 

with respect to the distribution of 

refunds. VA will refund previously 

collected funds to the decedent’s estate 

or, absent an estate, to the decedent’s 

next-of-kin in the following order: the 

decedent’s spouse, the decedent’s 

children (in equal shares), or the 

decedent’s parents (in equal shares). 

Next, the commenter asked whether a 

system could be developed to minimize 

or eliminate debt-related contact with 

the decedent’s family. In doing so, the 

commenter suggested that the 

decedent’s family should be notified of 

any termination or suspension of 

collection action, or the refund of any 

collected debt at the same time as they 

are notified by the Department of 

Defense (DoD) of the decedent’s death. 

We do not believe that this suggestion 

can be implemented, primarily because 

DoD’s goal is to provide the service 

member’s family with the notification of 

death as quickly as possible. The VA 

process to determine whether the debt 

should be suspended or terminated or a 

refund issued, while done quickly, 

might not be completed prior to DoD 

providing notification of death to the 

next-of-kin. In addition, DoD has no 

authority to make a determination 

concerning the collection, termination, 

and suspension of debts owed to VA or 

the refund of any collected debt. It is the 

sole authority of VA to make the 

determination for collection action on 

all cases arising from a VA benefit 

program. 

The commenter also suggested that 

VA engage the public and families 

directly to let them know a refund may 

be possible and to provide information 

on how to maneuver the process of 

obtaining a refund. As authorized by 

sections 5302A and 3711(f), VA will 

limit refunds to the estates of deceased 

service members or veterans or their 

next-of-kin to ensure consistency in the 

refund of money. The next-of-kin will 

not need to initiate a request for a 


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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 53201 

refund. The refunds will be processed 

automatically within VA and submitted 

to the Secretary for approval. 

Finally, the commenter expressed his 

belief that all debt, not just debt owed 

to VA, should be forgiven for those who 

qualify under this final rule. 

Unfortunately, while we understand the 

commenter’s concerns, our rulemaking 

authority is limited by sections 5302A 

and 3711(f) to cancellation of collection 

actions pertaining to debts owed to VA. 

We note that section 1303 of Public 

Law 110–252 states that the law shall 

apply to those who died ‘‘on or after’’ 

September 11, 2001. However, 38 U.S.C. 

5302A(b) authorizes the Secretary to 

take action regarding certain debts of 

individuals who die ‘‘after September 

11, 2001.’’ The plain language of Public 

Law 110–252 clearly indicates that 

Congress intended to include the debts 

of those who died on September 11, 

2001. Moreover, a public law provision 

generally prevails over a United States 

Code provision when there is an 

inconsistency. See Stephan v. United 

States, 319 U.S. 423, 426 (1943) (U.S. 

Code ‘‘cannot prevail over the Statutes at 

Large when the two are inconsistent’’); 

Patten v. United States, 116 F.3d 1029, 

1034 n. 3 (4th Cir. 1997) (legislation 

enacted as a section of a public law and 

signed by the President had the force of 

law even though it was not codified). In 

light of the plain language of section 

1303 and Congress’ intent to liberalize 

the law regarding debts owed by 

individuals who die in combat or as a 

result of injuries incurred in combat, 

this final rule implements the public 

law provision and authorizes the 

Secretary to take action regarding 

indebted individuals who die on or after 

September 11, 2001. 

Based on the rationale set forth in the 

preamble to the proposed rule and in 

this preamble, VA is adopting the 

provisions of the proposed rule as a 

final rule with one change as noted 

above. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action’’ requiring review by 

the Office of Management and Budget 

(OMB), unless OMB waives such 

review, as any regulatory action this is 

likely to result in a rule that may: (1) 

Have an annual effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities; 

(2) create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

Regulatory Flexibility Act 

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, 5 U.S.C. 601–612. Only individual 

survivors and estates of certain VA 

beneficiaries could be directly affected. 

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

this final rule is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

Program 

There is no Catalog of Federal 

Domestic Assistance program number 

applicable to this final rule. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on August 25, 2010 for 

publication. 

List of Subjects in 38 CFR Part 1 

Claims, Administrative practice and 

procedure, Archives and records, 

Cemeteries, Courts, Crime, Flags, 

Freedom of information, Government 

contracts, Government employees, 

Government property, Infants and 

children, Inventions and patents, 

Parking, Penalties, Privacy, Reporting 

and recordkeeping requirements, Seals 

and insignia, Security measures, Wages. 

Dated: August 26, 2010. 

Robert C. McFetridge, 

Director, Regulations Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

■ For the reasons stated in the preamble, 

VA amends 38 CFR part 1 as follows: 

PART 1—GENERAL PROVISIONS 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 38 U.S.C. 501(a), and as noted 

in specific sections. 

■ 2. The authority citation preceding 

§ 1.900 is revised to read as follows: 

Authority: Sections 1.900 through 1.953 

are issued under the authority of 31 U.S.C. 

3711 through 3720E; 38 U.S.C. 501, 5302, 

5302A, 5314, and as noted in specific 

sections. 

■ 3. Amend § 1.940 by adding 

introductory text, to read as follows: 

§ 1.940 Scope and application. 

Except as otherwise provided in 

§ 1.945: 

* * * * * 

■ 4. Add § 1.945 to read as follows: 

§ 1.945 Authority to suspend or terminate 

collection action on certain benefit 

indebtedness; authority for refunds. 

(a) The Secretary of Veterans Affairs 

(Secretary) may suspend or terminate 

collection action on all or any part of an 

indebtedness owed to VA by a member 

of the Armed Forces who dies while on 

active duty, if the Secretary determines 

that such suspension or termination of 

collection is appropriate and in the best 

interest of the United States. 

(b) The Secretary may terminate 

collection action on all or any part of an 

amount owed to the United States for an 

indebtedness resulting from an 

individual’s participation in a benefits 

program administered by the Secretary, 


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53202 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 

other than a program as described in 

paragraph (h) of this section, if the 

Secretary determines that such 

termination of collection is in the best 

interest of the United States. For 

purposes of this paragraph, an 

individual is any member of the Armed 

Forces or veteran who dies as a result 

of an injury incurred or aggravated in 

the line of duty while serving in a 

theater of combat operations in a war or 

in combat against a hostile force during 

a period of hostilities on or after 

September 11, 2001. 

(c) For purposes of this section: 

(1) Theater of combat operations 

means the geographic area of operations 

where the Secretary in consultation 

with the Secretary of Defense 

determines that combat occurred. 

(2) Period of hostilities means an 

armed conflict in which members of the 

United States Armed Forces are 

subjected to danger comparable to 

danger to which members of the Armed 

Forces have been subjected in combat 

with enemy armed forces during a 

period of war, as determined by the 

Secretary in consultation with the 

Secretary of Defense. 

(d) The Secretary may refund amounts 

collected after the death of a member of 

the Armed Forces or veteran in 

accordance with this paragraph and 

paragraph (e) of this section. 

(1) In any case where all or any part 

of a debt of a member of the Armed 

Forces, as described under paragraph (a) 

of this section, was collected, the 

Secretary may refund the amount 

collected if, in the Secretary’s 

determination, the indebtedness would 

have been suspended or terminated 

under authority of 31 U.S.C. 3711(f). 

The member of the Armed Services 

must have been serving on active duty 

on or after September 11, 2001. In any 

case where all or any part of a debt of 

a covered member of the Armed Forces 

was collected, the Secretary may refund 

the amount collected, but only if the 

Secretary determines that, under the 

circumstances applicable with respect 

to the deceased member of the Armed 

Forces, it is appropriate to do so. 

(2) In any case where all or any part 

of a debt of a covered member of the 

Armed Forces or veteran, as described 

under paragraph (b) of this section, was 

collected on or after September 11, 

2001, the Secretary may refund the 

amount collected if, in the Secretary’s 

determination, the indebtedness would 

have been terminated under authority of 

38 U.S.C. 5302A. In addition, the 

Secretary may refund the amount only 

if he or she determines that the 

deceased individual is equitably 

entitled to the refund. 

(e) Refunds under paragraph (d) of 

this section will be made to the estate 

of the decedent or, in its absence, to the 

decedent’s next-of-kin in the order 

listed below. 

(1) The decedent’s spouse. 

(2) The decedent’s children (in equal 

shares). 

(3) The decedent’s parents (in equal 

shares). 

(f) The authority exercised by the 

Secretary to suspend or terminate 

collection action and/or refund amounts 

collected on certain indebtedness is 

reserved to the Secretary and will not be 

delegated. 

(g) Requests for a determination to 

suspend or terminate collection action 

and/or refund amounts previously 

collected as described in this section 

will be submitted to the Office of the 

Secretary through the Office of the 

General Counsel. Such requests for 

suspension or termination and/or 

refund may be initiated by the head of 

the VA administration having 

responsibility for the program that gave 

rise to the indebtedness, or any 

concerned staff office, or by the 

Chairman of the Board of Veterans’ 

Appeals. When a recommendation for 

refund under this section is initiated by 

the head of a staff office, or by the 

Chairman, Board of Veterans’ Appeals, 

the views of the head of the 

administration that administers the 

program that gave rise to the 

indebtedness will be obtained and 

transmitted with the recommendation of 

the initiating office. 

(h) The provisions of this section 

concerning suspension or termination of 

collection actions and the refunding of 

moneys previously collected do not 

apply to any amounts owed the United 

States under any program carried out 

under 38 U.S.C. chapter 37. 

(Authority: 38 U.S.C. 501, 5302A; 31 U.S.C. 

3711(f)). 

[FR Doc. 2010–21668 Filed 8–30–10; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN54 

Diseases Associated With Exposure to 

Certain Herbicide Agents (Hairy Cell 

Leukemia and Other Chronic B-Cell 

Leukemias, Parkinson’s Disease and 

Ischemic Heart Disease) 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

adjudication regulations concerning 

presumptive service connection for 

certain diseases based upon the most 

recent National Academy of Sciences 

(NAS) Institute of Medicine committee 

report, Veterans and Agent Orange: 

Update 2008 (Update 2008). This 

amendment is necessary to implement 

the decision of the Secretary of Veterans 

Affairs that there is a positive 

association between exposure to certain 

herbicides and the subsequent 

development of hairy cell leukemia and 

other chronic B-cell leukemias, 

Parkinson’s disease, and ischemic heart 

disease. The effect of this amendment is 

to establish presumptive service 

connection for these diseases based on 

herbicide exposure. 

DATES: Effective Date: This final rule is 

effective August 31, 2010. This final 

rule is a major rule and the 

implementation of this rule is subject to 

the provisions of the Congressional 

Review Act (CRA). The CRA provides 

for a 60-day waiting period before an 

agency may implement a major rule to 

allow Congress the opportunity to 

review the regulation. The impact of the 

CRA will require at least a 60-day delay 

between the issuance of the final 

regulation and when VA can begin 

paying benefits. 

Applicability Date: This final rule 

shall apply to claims received by VA on 

or after the date of publication of the 

final rule in the Federal Register and to 

claims pending before VA on that date. 

Additionally, VA will apply this rule in 

readjudicating certain previously denied 

claims as required by court orders in 

Nehmer v. Department of Veterans 

Affairs, No. CV–86–6161 TEH (N.D. 

Cal.) (Nehmer). 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Kniffen, Regulations Staff 

(211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9725 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On March 

25, 2010, VA published in the Federal 

Register (75 FR 14391) a proposal to 

amend 38 CFR 3.309 to add hairy cell 

leukemia and other chronic B-cell 

leukemias, Parkinson’s disease and 

ischemic heart disease to the list of 

diseases subject to presumptive service 

connection based on herbicide 

exposure. Interested persons were 

invited to submit written comments on 

or before April 26, 2010. VA received 

670 comments on the proposed rule. 

Overall, the comments VA received are 


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