36640 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 

or on the distribution of power and 

responsibilities among the various 

levels of government; therefore, 

consultation with State and local 

officials is not required. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR Part 199 is 

amended as follows: 

PART 199—[AMENDED] 

1. The authority citation for Part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 

55. 

2. Section 199.2(b) is amended by 

revising the definition of Rare Diseases 

as follows: 

§ 199.2 Definitions. 

* * * * * 

(b) * * * 

Rare Diseases. TRICARE/CHAMPUS 

defines a rare disease as any disease or 

condition that has a prevalence of less 

than 200,000 persons in the United 

States. 

* * * * * 

Dated: July 17, 2009. 

Patricia Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–17650 Filed 7–23–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024–AD73 

Special Regulations; Areas of the 

National Park System 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The National Park Service 

(NPS) announces the reopening of the 

comment period on the proposed rules 

to manage winter visitation and 

recreational use in Yellowstone 

National Park, Grand Teton National 

Park, and the John D. Rockefeller, Jr., 

Memorial Parkway. The proposed rule 

was published in the Federal Register 

on November 5, 2008. 

DATES: The comment period for the 

proposed rule published on November 

5, 2008 (73 FR 65784), is reopened. 

Comments must be received by 

September 8, 2009. 

ADDRESSES: You may submit your 

comments, identified by Regulatory 

Information Number 1024–AD73 (RIN), 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Yellowstone National Park, 

Winter Use Proposed Rule, P.O. Box 

168, Yellowstone NP, WY 82190 

All submissions received must 

include the agency name and RIN. For 

additional information see ‘‘Public 

Comments’’ under SUPPLEMENTARY

INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: John 

Sacklin, Management Assistant’s Office, 

Headquarters Building, Yellowstone 

National Park, 307–344–2019 or at the 

address listed in the ADDRESSES section. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was originally published 

with a 15-day comment period. The 

NPS has now determined that there is 

sufficient time to provide for an 

additional 45-day comment period to 

ensure that the public has had an 

opportunity for review and comment. 

The NPS intends for final rules to be 

published on or before November 15, 

2009, and to be in effect for the winter 

season commencing on December 15, 

2009. Under the proposed rule, up to 

318 snowmobiles would be allowed in 

Yellowstone each day. 

The proposed regulatory provisions 

regarding the duration of this rule 

remain as published last year. The NPS 

intends that this rule would be in effect 

in Yellowstone National Park for the 

winter seasons ending with the 2010– 

2011 winter season. During the period 

this rule is in effect, the NPS will work 

with all interested parties to complete a 

new environmental impact statement 

using the best information available, a 

new long-term plan, and permanent 

regulations governing winter use in 

Yellowstone National Park. The 

proposed rules for Grand Teton National 

Park and the John D. Rockefeller, Jr., 

Memorial Parkway, if adopted, will be 

permanent for these two units. 

If you have already commented on the 

rule, you do not have to resend your 

comment. We will consider it in 

preparing the final rule. We will also 

consider any comments that may have 

been received between the close of the 

comment period on November 20, 2008 

and the re-opening of this comment 

period. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: July 21, 2009. 

Will Shafroth, 

Principal Deputy Assistant Secretary of the 

Interior for Fish and Wildlife and Parks. 

[FR Doc. E9–17778 Filed 7–23–09; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 3, 17, and 21 

RIN 2900–AN27 

Herbicide Exposure and Veterans With 

Covered Service in Korea 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

adjudication, medical, and vocational 

rehabilitation and employment 

regulations to incorporate relevant 

provisions from the Veterans Benefits 

Act of 2003. Specifically, this document 

proposes to amend VA’s regulations 

regarding herbicide exposure of certain 

veterans who served in or near the 

Korean demilitarized zone and 

regulations regarding spina bifida in 

their children. It also proposes to amend 

VA’s medical regulations by correcting 

the Health Administration Center’s 

hand-delivery address. 

DATES: Comments must be received by 

VA on or before September 22, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Office of General 

Counsel (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN27—Herbicide Exposure and 

Veterans with Covered Service in 

Korea.’’ Copies of comments received 

will be available for public inspection in 

the Office of General Counsel, Room 

1063B, between the hours of 8 a.m. and 

4:30 p.m., Monday through Friday 

(except holidays). Please call (202) 461– 

4902 for an appointment. (This is not a 

toll-free number.) In addition, during 

the comment period, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

http://www.Regulations.gov. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 36641 

FOR FURTHER INFORMATION CONTACT: For 

information on the provisions regarding 

monetary allowance, contact Thomas 

Kniffen, Chief, Regulations Staff (211D), 

Compensation and Pension Service, 

Veterans Benefits Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–9725; for information 

on the provisions regarding health care 

benefits, contact Richard M. Trabert, 

Policy Management Division, VA Health 

Administration Center, P.O. Box 

469065, Denver, CO 80246–9065, (303) 

331–7549; for information regarding 

provisions on vocational rehabilitation 

and employment, contact Alvin 

Bauman, Senior Policy Analyst, 

Vocational Rehabilitation and 

Employment Service (28), Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Avenue, 

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

9613. (These are not toll-free numbers.) 

SUPPLEMENTARY INFORMATION: The 

Veterans Benefits Act of 2003, Public 

Law 108–183, amended sections of Title 

38 of the United States Code, which 

address veterans’ benefits law. To 

ensure compliance with statutory 

changes, VA proposes to amend its 

regulations pertaining to benefits based 

on herbicide exposure to include 

veterans who served in or near the 

Korean demilitarized zone (DMZ) 

during certain periods and children of 

such veterans born with spina bifida. 

I. Herbicide Exposure 

Section 102 of the Veterans Benefits 

Act of 2003 amended 38 U.S.C. chapter 

18 to provide benefits (health care, 

monetary allowance, vocational 

training, and education) for spina bifida 

in children of certain veterans who 

served in Korea. The statutory 

provisions, codified at 38 U.S.C. 1821, 

apply to the children of veterans who 

are determined by VA, in consultation 

with the Secretary of Defense, to have 

been exposed to an herbicide agent 

during that service. Section 1821 

describes parameters governing the time 

and location of a veteran’s service that 

may result in a child’s eligibility for 

benefits. Section 1821 further provides 

that VA will consult with the Secretary 

of Defense to determine whether 

herbicide exposure occurred within 

those prescribed time periods and 

geographic parameters. The statutory 

provisions apply to all forms and 

manifestations of spina bifida, except 

spina bifida occulta. 

The statutory change at 38 U.S.C. 

1821 authorizes recognition of herbicide 

exposure for ‘‘certain Korea service 

veterans’’ for purposes of providing 

benefits to a child born to them with 

spina bifida. Under the statute, those 

veterans must have served ‘‘in or near’’ 

the Korean DMZ as determined by VA 

in consultation with the Department of 

Defense (DoD) between September 1, 

1967, and August 31, 1971, and must be 

found by VA, in consultation with DoD, 

to have been exposed to an herbicide 

agent during such service. Even if a 

veteran served in or near the DMZ 

within the specified time period, the 

statute requires VA to determine 

whether the veteran was exposed to 

herbicides during such service. 

Accordingly, the statute does not 

establish or require VA to establish a 

presumption of herbicide exposure 

based on service in or near the Korean 

DMZ. However, we believe that the 

statute, along with VA’s general 

authority under 38 U.S.C. 501 to 

establish all necessary and appropriate 

regulations, provides VA with authority 

to establish presumptions of exposure 

where a reasonable basis exists for such 

presumptions. As explained below, VA 

proposes to presume herbicide exposure 

for certain veterans who served within 

the time periods and geographic 

locations described by the statute. 

To implement the requirements of the 

statute, VA consulted with DoD 

regarding the times and locations of 

herbicide use in or near the Korean 

DMZ. The Korean demilitarized zone 

(DMZ) is a strip of land running across 

the Korean Peninsula that separates 

North Korea from South Korea and 

serves as a buffer zone between the two 

countries. The DMZ cuts the Korean 

Peninsula roughly in half following the 

geographic 38th parallel north latitude 

and is approximately 155 miles long 

and 2.5 miles wide. It became a de facto 

border following World War II as the 

demarcation line between the northern 

Soviet-controlled Democratic People’s 

Republic of Korea and the southern 

United Nations-controlled Republic of 

Korea. When an attacking North Korean 

military force crossed the DMZ on June 

25, 1950, United States and United 

Nations troops came to the aid of South 

Korea and the Korean War commenced. 

A ceasefire agreement was signed on 

July 27, 1953, which established the 

current DMZ buffer zone between North 

and South Korea. No peace treaty was 

ever signed and the two Koreas remain 

technically at war. The United States 

established a permanent contingent of 

troops on the DMZ to support South 

Korea. As military involvement in 

Vietnam escalated during the late 1960s, 

tensions along the DMZ increased and 

additional United States troops were 

sent to South Korea. Sporadic combat 

between the opposing forces occurred, 

primarily within the DMZ buffer zone. 

Following the Vietnam era, tensions 

decreased between the two Koreas, but 

the DMZ remains the most heavily 

armed border area in the world. 

DoD has advised that herbicides were 

not applied within the DMZ, but were 

applied in some adjacent areas. 

Specifically, DoD has reported that 

herbicides were applied between April 

1968 and July 1969 along a strip of land 

151 miles long and up to 350 yards wide 

along the southern edge of the DMZ 

north of the civilian control line. The 

herbicide agents were applied through 

hand spraying and hand distribution of 

pelletized herbicides. There was no 

aerial spraying. DoD also has provided 

VA a list of the military units that are 

currently known to have operated in 

that area during the period that 

herbicides were applied. 

Based on this information, we 

propose to presume herbicide exposure 

for any veteran who served between 

April 1968 and July 1969 in a unit 

determined by VA and DoD to have 

operated in an area in or near the 

Korean DMZ in which herbicides were 

applied. 

There is no record that herbicide 

agents were sprayed in the DMZ itself. 

Nevertheless, we propose to include the 

word ‘‘in’’ before ‘‘or near’’ in these 

regulations, for two reasons. First, we 

want to ensure that our regulations are 

consistent with § 1821, as amended. 

Second, if evidence arises in the future 

indicating that herbicide agents were 

applied in the DMZ, this rule would 

allow VA to provide benefits without 

having to amend its regulations. 

The criterion we propose to use for 

purposes of the presumption of 

exposure is that the veteran was 

assigned to a particular listed military 

unit within the prescribed time frame. 

Recognition of being exposed to 

herbicides ‘‘in or near’’ the DMZ, for an 

individual veteran, is based on service 

in one of the particular units 

acknowledged by DoD and VA as having 

performed missions near the DMZ 

during the period herbicides were used 

(April 1968 through July 1969). These 

units were assigned or rotated to areas 

near the DMZ during that time period. 

These included Infantry, Armor, and 

Artillery units. Because DoD and VA 

may recognize additional units in the 

future based on additional information 

or evidence, we will not list the units in 

the regulation. VA has provided a list of 

currently recognized units to VA 

adjudicators in VA’s procedural manual 

as an administrative reference. 

Additionally, if a veteran asserts that he 

or she was in or near the DMZ during 


srobinson on DSKHWCL6B1PROD with PROPOSALS
36642 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 

the specified time period and VA has 

not already determined the veteran’s 

unit to be one that was in or near the 

DMZ sometime between April 1, 1968, 

and July 31, 1969, VA will develop 

further evidence to verify that assertion. 

The specific units that DoD identified 

that served in areas along the DMZ in 

Korea where herbicides were used 

between April 1968 and July 1969 are: 

Combat Brigades of the 2nd and 7th 

Infantry Divisions: 1st Battalion, 9th 

Infantry; 2nd Battalion, 9th Infantry; 1st 

Battalion, 17th Infantry; 2nd Battalion, 

17th Infantry; 1st Battalion, 23rd 

Infantry; 2nd Battalion, 23rd Infantry; 

3rd Battalion, 23rd Infantry; 1st 

Battalion, 31st Infantry; 2nd Battalion, 

31st Infantry; 1st Battalion, 32nd 

Infantry; 2nd Battalion, 32nd Infantry; 

3rd Battalion, 32nd Infantry; 1st 

Battalion, 38th Infantry; 2nd Battalion, 

38th Infantry; 4th Battalion, 7th Cavalry; 

2nd Battalion, 10th Cavalry; 1st 

Battalion, 72nd Armor; 2nd Battalion, 

72nd Armor; 1st Battalion, 12th 

Artillery; 1st Battalion, 15th Artillery; 

7th Battalion, 17th Artillery; 6th 

Battalion, 37th Artillery; 5th Battalion, 

38th Artillery. 

Service records may show that the 

above units were assigned to either the 

2nd or 7th Infantry Division. 

Additional units: 13th Engineer 

Battalion; United Nations Command 

Security Battalion-Joint Security Area 

(UNCSB–JSA); Crew of the USS Pueblo. 

If a veteran served in or near the 

Korean DMZ during the period between 

September 1, 1967, and August 31, 

1971, but not within the time periods 

and geographic locations that would 

qualify for a presumption of exposure 

under this proposed rule, such service 

would qualify for benefits under 38 

U.S.C. 1821 only if VA determines that 

the veteran was actually exposed to 

herbicides during such service. Based 

on the information provided by DoD to 

date, it appears unlikely that exposure 

would have occurred outside the dates 

and locations that would be covered by 

the presumption of exposure under this 

proposed rule. Nonetheless, the 

proposed rule would incorporate the 

statutory provisions in section 1821 in 

order to make clear that the 

presumption of exposure does not 

foreclose claims based on other service 

that is within the dates and locations 

covered by the statute. 

Currently, 38 CFR 3.814 specifies the 

criteria for eligibility for a monetary 

allowance to children of Vietnam 

veterans who are suffering from spina 

bifida. Regulations in parts 17 and 21 of 

title 38, Code of Federal Regulations, 

authorize health care and vocational 

rehabilitation and training to 

individuals who meet the eligibility 

requirements of § 3.814. We propose to 

revise § 3.814 to provide criteria for 

eligibility for children of veterans with 

covered service in Korea who are 

suffering from spina bifida. As 

explained above, we propose to define 

‘‘covered service in Korea’’ consistent 

with the statutory criteria set forth in 38 

U.S.C. 1821(c), requiring that the 

veterans have served in or near the 

Korean DMZ between September 1, 

1967, and August 21, 1971, and have 

been determined by VA, in consultation 

with DoD, to have been exposed to an 

herbicide agent during such service. To 

implement the proposed presumption of 

exposure discussed above, we propose 

to state that exposure to an herbicide 

agent will be conceded if the veteran 

served between April 1, 1968, and July 

31, 1969, in a unit determined by VA 

and DoD to have operated in the area 

where herbicides are known to have 

been applied during that period. 

Section 3.307 is VA’s regulation 

regarding presumptive service 

connection for purposes of disability 

compensation to veterans and 

dependency and indemnity 

compensation to their survivors. We 

propose to add at new § 3.307(a)(6)(iv) 

a presumption of herbicide exposure 

based on service in or near the Korean 

DMZ identical to the presumption 

proposed for purposes of benefits to a 

veteran’s child under 38 U.S.C. 1821. 

Because VA is providing statutorily 

authorized benefits to children with 

spina bifida of such veterans, we believe 

it is logical and fair to provide benefits 

to these veterans themselves based on 

their exposure to herbicide agents. We, 

therefore, propose that these veterans be 

eligible for the presumption of exposure 

to herbicide agents. 

There is currently no specific 

statutory authority for providing a 

presumption of exposure to herbicide 

agents to veterans who served in Korea. 

However, such a presumption would 

comport with known facts and 

congressional intent and is within VA’s 

general rulemaking authority under 38 

U.S.C. 501. It would be illogical to 

conclude that the children with spina 

bifida of the covered veterans have the 

disability due to the veteran’s exposure 

to herbicide agents, but not to presume 

that the veteran himself was exposed to 

herbicide agents and merits VA benefits 

for any disabilities associated with that 

exposure. We have determined that the 

proposed presumption will be beneficial 

to veterans and will promote fairness, 

consistency, and efficiency in VA 

decision making. 

II. Monetary Allowance 

Spina Bifida Benefits 

The statutory provisions regarding 

spina bifida at section 1821 state that 

the child should be provided a 

monetary allowance ‘‘as if such child of 

a veteran with covered service in Korea 

were a child of a Vietnam veteran who 

is suffering from spina bifida under 

[subchapter I of chapter 18].’’ Section 

1805 of title 38, United States Code, 

authorizes a monthly monetary 

allowance to the child of a Vietnam 

veteran suffering from spina bifida. The 

current regulation regarding payment 

for an individual suffering from spina 

bifida under 38 U.S.C. chapter 18, 

subchapter I, is 38 CFR 3.814, Monetary 

allowance under 38 U.S.C. chapter 18 

for an individual suffering from spina 

bifida whose biological father or mother 

is or was a Vietnam veteran. We propose 

to amend the title of § 3.814 to include 

the children of veterans of covered 

service in Korea and amend § 3.814(a) to 

include those individuals suffering from 

spina bifida whose biological father or 

mother had covered service in Korea. 

We propose to redesignate the 

definitions in § 3.814(c) to add a 

description of ‘‘Covered service in 

Korea’’ in § 3.814(c)(2). Section 

3.814(c)(1) is the definition of ‘‘Vietnam 

veteran;’’ therefore, it is logical to 

include covered service in Korea as the 

next definition, (c)(2). We propose to 

redesignate current § 3.814(c)(2), 

‘‘Individual,’’ and (c)(3), ‘‘Spina bifida,’’ 

as § 3.814(c)(3) and (c)(4) respectively. 

Current § 3.814(c)(2), ‘‘Individual,’’ 

which we have proposed to redesignate 

as § 3.814(c)(3), refers to Vietnam 

veterans only. We propose to amend 

redesignated § 3.814(c)(3) by expanding 

the language to include veterans with 

covered service in Korea. 

Conforming Amendments 

We also propose to amend several 

regulations that contain references to 

benefits under 38 U.S.C. chapter 18 for 

children with spina bifida of Vietnam 

veterans. We propose to amend these 

regulations to include the children of 

veterans with covered service in Korea, 

so that they are eligible for the same 

benefits as children of Vietnam 

veterans. In the regulations related to 

benefits for spina bifida, we will 

continue to use the language ‘‘certain 

individuals who are children of * * *’’ 

as the statutes in chapter 18 refer to 

benefits for ‘‘individuals’’ and provide 

the definition that child refers to an 

individual regardless of age or marital 

status. We, additionally, have a similar 

definition in 38 CFR 3.814 and 3.815. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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The regulations we are amending to 

conform with the amendments to 38 

U.S.C. chapter 18 include: 38 CFR 3.27 

(which addresses the automatic 

adjustment of VA benefit rates); § 3.29(c) 

(which addresses rounding of VA 

benefit rates); § 3.31 (which addresses 

commencement of a period of payment); 

§ 3.105(g) (which covers revision of 

decisions); § 3.114(a) (which addresses 

the effective date of certain awards 

based on a change of law or VA issue); 

§ 3.261(a)(40) (which covers character of 

income and whether the income is 

included or excluded for VA 

dependency and pension purposes); 

§ 3.262(y) (which covers evaluation of 

income for VA dependency and pension 

purposes); § 3.263(g) (which addresses 

what is considered in determining the 

corpus of an estate for VA dependency 

purposes and the net worth of a veteran, 

surviving spouse, or child for VA 

pension purposes); § 3.272(u) (which 

addresses exclusions for countable 

income for the purposes of determining 

entitlement to VA improved pension); 

and § 3.275(i) (which addresses the 

criteria for evaluating net worth for the 

purposes of determining the corpus of 

estate or net worth of a veteran, 

surviving spouse, or child for VA 

pension purposes). 

Title 38 CFR 3.403 addresses the 

effective date of awards of benefits for 

children, including monetary 

allowances under 38 U.S.C. chapter 18. 

Section 3.403(b) covers monetary 

allowances under 38 U.S.C. 1805 for an 

individual suffering from spina bifida 

who is a child of a Vietnam veteran as 

specified in that statute and includes 

the effective date of when these benefits 

were first available, October 1, 1997. 

Section 3.403(c) covers monetary 

allowances under 38 U.S.C. 1815 for an 

individual suffering from a covered 

birth defect who is a child of a woman 

Vietnam veteran as specified in that 

statute and includes the effective date 

when these benefits were first available, 

December 1, 2001. Therefore, we 

propose to add new § 3.403(d), for 

children covered under new section 

1821. We will use the same general 

effective date language as in § 3.403(b) 

and (c), which follow VA’s statute 

addressing effective dates for benefits, 

38 U.S.C. 5110, and we will add that the 

award of benefits can be no earlier than 

the effective date of the statute, 

December 16, 2003. 

As discussed below, certain sections 

of section 5110 apply to chapter 18 

benefits, under 38 U.S.C. 1832(b). In 

relevant part, these are as follows: 

section 5110(a) (describing the general 

effective date rule, which is that an 

award is effective in accordance with 

facts found, but not earlier than the date 

of receipt of application); section 

5110(b)(2) (noting that the effective date 

of an award for increased compensation 

is the earliest date the increased 

disability occurred, if the application is 

received within 1 year from such date); 

and section 5110(i) (noting that the 

effective date for reopened claims 

allowed on the basis of correction of 

military records will be the date the 

application was filed for correction or 

the date the disallowed claim was filed, 

whichever is later, but the retroactive 

benefits will be no more than 1 year 

prior to the date of the reopened claim). 

Not specifically applicable to chapter 

18 benefits, but included in § 3.403(b) 

and (c), is section 5110(n), which states 

that the effective date of the award of 

any benefits based on marriage, birth, or 

adoption of a child, shall be the date of 

the event if proof of such event is 

received by the Secretary within 1 year 

of the date of the marriage, birth, or 

adoption. Since chapter 18 benefits are 

for children, we presume it is the intent 

of the statutes that section 5110(n) 

applies for chapter 18 awards. 

Therefore, we propose to include this 

relevant effective date provision in new 

§ 3.403(d) for awards for children with 

spina bifida of veterans with covered 

service in Korea, based on the wording 

of § 3.403(c). 

Unrelated to the provisions of the 

Veterans Benefits Act of 2003, Public 

Law 108–183, we noted while preparing 

this rulemaking that certain effective 

date provisions in § 3.403(c) are not 

included in § 3.403(b), and we propose 

to correct these omissions here. 

Therefore, we propose to amend 

§ 3.403(b) to add the relevant provisions 

and to provide a reference to § 3.814(e). 

We also propose in new § 3.403(d) to 

use language about effective dates that 

VA uses in its effective date regulations, 

to be consistent with those regulations. 

This regulatory language is plainer than 

the statutory language; for example, we 

propose to use the term ‘‘date 

entitlement arose’’ instead of the 

statutory language ‘‘in accordance with 

the facts found.’’ Additionally, we noted 

that § 3.814(e) does not include the 

information regarding the effective date 

of birth, if the claim is received within 

1 year of that date. Therefore, we 

propose to add it to be consistent with 

the other effective date provision for 

children with birth defects (§ 3.815(i)). 

Section 3.503(b) addresses the 

effective date of reduction and 

discontinuance of monetary allowance 

under 38 U.S.C. chapter 18 for certain 

individuals. We propose to amend it to 

add the children with spina bifida of 

veterans with covered service in Korea. 

Authority Citations 

We, additionally, propose to use this 

rulemaking to revise several authority 

citations in 38 CFR part 3 to chapter 18 

sections that have been repealed and 

redesignated. Public Law 106–149, the 

Veterans Benefits and Health Care 

Improvement Act of 2000, November 1, 

2000, repealed 38 U.S.C. 1806. Section 

1806 addressed effective dates for 

chapter 18. This section was recodified 

by the Public Law at section 1822. 

Section 1822 provided that 38 U.S.C. 

5110, regarding effective dates, applies 

to chapter 18 benefits. 

Subsequently, Public Law 108–183, 

which we are implementing in this 

rulemaking, added new section 1821, 

and redesignated prior sections 1821, 

1822, 1823, and 1824, as new sections 

1831, 1832, 1833, and 1834, 

respectively. 

Therefore, we propose to remove the 

references to old section 1821 and 

replace them with a reference to section 

1831; remove the references to section 

1822 and replace them with a reference 

to section 1832; remove the references 

to section 1823 and replace them with 

a reference to section 1833; and remove 

the references to section 1824 and 

replace them with a reference to 1834 in 

the authority citations in §§ 3.31, 3.105, 

3.114, 3.216, 3.261, 3.262, 3.263, 3.403, 

3.503, 3.814, and 3.815 as applicable. 

In addition, we propose to add 

references to new section 1821 in the 

authority citations in §§ 3.27, 3.29, 3.31, 

3.105, 3.114, 3.307, 3.403, and 3.814 as 

applicable. 

There is additionally an extraneous 

authority citation at the end of 38 CFR 

3.403, which reads, ‘‘(Authority: 38 

U.S.C. 1806, 5110(n); sec. 422(c), Pub. L. 

104–204, 110 Stat. 2926)’’. For the 

following reasons, we now propose to 

remove that citation. The citation to 38 

U.S.C. 1806 is inappropriate because 

that section has been repealed. The 

citation to 38 U.S.C. 5110(n) is 

unnecessary because it is already cited 

as authority to paragraph (a)(3). The 

citation to Public Law 104–204 is 

unnecessary because it has already been 

codified in 38 U.S.C. 1832 and 5110, 

both of which we propose to add in the 

authority citations for § 3.403(b), (c), 

and proposed (d). For the same reason, 

we propose to remove the citation to 

Public Law 104–204 from the authority 

citation to paragraph (b). 

III. Health Care Benefits 

In addition to amending VA 

regulations concerning the monetary 

allowance, this document also proposes 

to amend VA regulations in 38 CFR part 

17 concerning health care benefits for 


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36644 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 

children with spina bifida. By the terms 

of 38 U.S.C. 101(2), 1802–1803, 1811– 

1813, and 1821, VA will provide the 

child of a Vietnam veteran or veteran 

with covered service in Korea, who has 

been determined under § 3.814 or 

§ 3.815 of this title to suffer from spina 

bifida with such health care as the 

Secretary determines is necessary. 

In 38 CFR 17.900, Definitions, we 

propose to add a reference to the 

children of veterans with covered 

service in Korea. Further, we propose to 

amend § 17.901 and the Note following 

this section to conform to the 

requirements of section 408 of Public 

Law 110–387, the ‘‘Veterans’ Mental 

Health and Other Care Improvements 

Act of 2008,’’ by removing all language 

that limits the health care benefit 

available to covered children born with 

spina bifida to only health care that is 

needed to treat spina bifida and 

associated conditions. As revised, 

§ 17.901(a) will allow VA to furnish 

comprehensive health care to 

beneficiaries born with spina bifida. We 

also propose to make a technical 

correction to § 17.901(b) by removing an 

errant reference to spina bifida in the 

first sentence. We also propose to 

update mailing information for the 

Health Administration Center for claims 

submitted by or on behalf of spina bifida 

beneficiaries and beneficiaries with 

other covered birth defects. 

The 2008 statutory amendments 

referenced above likewise necessitate 

making conforming amendments to 

§ 17.902. We also propose to change 

‘‘benefits advisor’’ in the first paragraph 

to reflect a recent change in the position 

title. 

Authority Citations 

We, additionally, propose to revise 

several authority citations in 38 CFR 

part 17 to chapter 18 sections that have 

been repealed and redesignated. Public 

Law 108–183, which we are 

implementing in this rulemaking, added 

new section 1821 and redesignated then 

section 1821 as new section 1831. 

Therefore, we propose to remove the 

references to old section 1821 and 

replace them with a reference to section 

1831 in the authority citations in 

§§ 17.900, 17.901, 17.902, 17.903, 

17.904, and 17.905, as applicable. In 

addition, references to new section 1821 

have been added in the authority 

citations in §§ 17.900 and 17.901, as 

applicable. 

IV. Vocational Rehabilitation and 

Employment 

In addition to amending VA 

regulations concerning the monetary 

allowance and health care, we also 

propose to amend certain sections of 

subpart M of part 21 of title 38 CFR that 

govern VA’s provision of vocational 

training and rehabilitation to certain 

veterans’ children to conform with the 

revisions proposed to be made in part 3 

of that title affecting other benefits and 

services authorized under 38 U.S.C. 

chapter 18. In § 21.8010, we propose to 

cross reference 38 CFR 3.814 to define 

the term ‘‘Veteran with covered service 

in Korea’’ and make other conforming 

amendments to that section consistent 

with the revisions proposed to be made 

in part 3. 

Conforming Amendments 

We also propose to amend other part 

21 regulations that contain references to 

benefits under 38 U.S.C. chapter 18 for 

children of Vietnam veterans. 

The regulations we are amending to 

conform with the amendments to 38 

U.S.C. chapter 18 include 38 CFR 

21.8010(a) (which lists the definitions 

for ‘‘eligible child’’ and ‘‘spina bifida’’), 

§ 21.8012 (which covers evaluation of a 

child with spina bifida for vocational 

training purposes), and § 21.8014 

(which covers the procedure and time 

limit for filing an application to apply 

for participation in a vocational training 

program for a child with spina bifida). 

Authority Citations 

We additionally propose to revise 

several authority citations in 38 CFR 

part 21 to chapter 18 sections that have 

been repealed and redesignated. 

Public Law 108–183, which we are 

implementing in this rulemaking, added 

new section 1821, and redesignated 

then sections 1821, 1822, and 1824, as 

new sections 1831, 1832, and 1834, 

respectively. 

Therefore, we propose to remove the 

references to old section 1821 and 

replace them with a reference to section 

1831; remove the references to section 

1822 and replace them with a reference 

to section 1832; and remove the 

references to section 1824 and replace 

them with a reference to 1834 in the 

authority citations in §§ 21.8010, 

21.8014, 21.8016, and 21.8022, as 

applicable. 

In addition, references to new section 

1821 have been added in the authority 

citations in §§ 21.8010, 21.8012, and 

21.8014, as applicable. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed rule would 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 et seq. This 

proposed rule will directly affect only 

individuals and will not directly affect 

small entities. Therefore, pursuant to 5 

U.S.C. 605(b), this proposed rule is 

exempt from the initial and final 

regulatory flexibility analysis 

requirements of sections 603 and 604. 

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 that 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 proposed rule has 

been examined and it has been 

determined to be a significant regulatory 

action under the Executive Order 

because it is likely to result in a rule that 

may raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

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 the 

expenditure by State, local, and tribal 


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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 36645 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

year. This proposed rule would have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

Numbers and Titles 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this proposal are 64.008, Veterans 

Domiciliary Care; 64.009, Veterans 

Medical Care Benefits; 64.010, Veterans 

Nursing Home Care; 64.011, Veterans 

Dental Care; 64.012, Veterans 

Prescription Service; 64.013, Veterans 

Prosthetic Appliances; 64.014, Veterans 

State Domiciliary Care; 64.015, Veterans 

State Nursing Home Care; 64.016, 

Veterans State Hospital Care; 64.019, 

Veterans Rehabilitation-Alcohol and 

Drug Dependence; 64.022, Veterans 

Home Based Primary Care; 64.026, 

Veterans State Adult Day Health Care; 

64.100, Automobiles and Adaptive 

Equipment for Certain Disabled 

Veterans and Members of the Armed 

Forces; 64.101, Burial Expenses 

Allowance for Veterans; 64.106, 

Specially Adapted Housing for Disabled 

Veterans; 64.109, Veterans 

Compensation for Service-Connected 

Disability; 64.110, Veterans Dependency 

and Indemnity Compensation for 

Service-Connected Death; 64.115, 

Veterans Information and Assistance; 

64.118, Veterans Housing-Direct Loans 

for Certain Disabled Veterans; 64.127, 

Monthly Allowance for Children of 

Vietnam Veterans Born with Spina 

Bifida; and 64.128, Vocational Training 

and Rehabilitation for Vietnam 

Veterans’ Children with Spina Bifida or 

Other Covered Birth Defects. 

List of Subjects 

38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Veterans, Vietnam. 

38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs—health, 

Grant programs—veterans, Health care, 

Health facilities, Health professions, 

Health records, Homeless, Medical and 

dental schools, Medical devices, 

Medical research, Mental health 

programs, Nursing homes, Philippines, 

Reporting and recordkeeping 

requirements, Scholarships and 

fellowships, Travel and transportation 

expenses, Veterans. 

38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Approved: April 1, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

For the reasons set out in the 

preamble, VA proposes to amend 38 

CFR chapter I as follows: 

PART 3—ADJUDICATION 

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. Amend § 3.27(c) by: 

a. Revising the paragraph heading. 

b. Revising the authority citation at 

the end of the paragraph. 

The revisions read as follows: 

§ 3.27 Automatic adjustment of benefit 

rates. 

* * * * * 

(c) Monetary allowance under 38 

U.S.C. chapter 18 for certain individuals 

who are children of Vietnam veterans or 

children of veterans with covered 

service in Korea. * * * 

(Authority: 38 U.S.C. 1805(b)(3), 1815(d), 

1821, 5312) 

* * * * * 

3. Amend § 3.29(c) by: 

a. Removing ‘‘who are children of 

Vietnam veterans’’ and adding, in its 

place, ‘‘who are children of Vietnam 

veterans or children of veterans with 

covered service in Korea’’. 

b. Revising the authority citation at 

the end of the section. 

The revision reads as follows: 

§ 3.29 Rounding. 

* * * * * 

(c) * * * 

(Authority: 38 U.S.C. 1805(b)(3), 1815(d), 

1821, 5312) 

4. Amend § 3.31: 

a. In the introductory paragraph, by 

removing ‘‘who is a child of a Vietnam 

veteran’’ and adding, in its place, ‘‘who 

is a child of a Vietnam veteran or a child 

of a veteran with covered service in 

Korea’’. 

b. By revising the authority citation at 

the end of the section. 

The revision reads as follows: 

§ 3.31 Commencement of the period of 

payment. 

* * * * * 

(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 

5111) 

5. Amend § 3.105(g) by: 

a. Revising the paragraph heading. 

b. Revising the authority citation at 

the end of the paragraph. 

The revisions read as follows: 

§ 3.105 Revision of decisions. 

* * * * * 

(g) Reduction in evaluation— 

monetary allowance under 38 U.S.C. 

chapter 18 for certain individuals who 

are children of Vietnam veterans or 

children of veterans with covered 

service in Korea. * * * 

(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 

5112(b)(6)) 

* * * * * 

6. Amend § 3.114(a) by: 

a. Removing ‘‘who is a child of a 

Vietnam veteran’’ both times it appears 

and adding, in its place, ‘‘who is a child 

of a Vietnam veteran or child of a 

veteran with covered service in Korea’’. 

b. Revising the authority citation at 

the end of the paragraph. 

The revision reads as follows: 

§ 3.114 Change of law or Department of 

Veterans Affairs issue. 

(a) * * * 

(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 

5110(g)) 

* * * * * 

7. Amend § 3.216 by: 

a. Adding ‘‘or’’ preceding ‘‘a monetary 

allowance.’’ 

b. Revising the authority citation at 

the end of the section. 

The revision reads as follows: 

§ 3.216 Mandatory disclosure of social 

security numbers. 

* * * * * 

(Authority: 38 U.S.C. 1832, 5101(c)) 

§ 3.261 [Amended] 

8. Amend § 3.261(a)(40) by removing 

‘‘who are children of Vietnam veterans 

(38 U.S.C. 1823(c))’’ and adding, in its 

place, ‘‘who are children of Vietnam 

veterans or children of veterans with 

covered service in Korea (38 U.S.C. 

1833(c))’’. 

9. Amend § 3.262(y) by: 

a. Revising the paragraph heading. 

b. Removing ‘‘who is the child of a 

Vietnam veteran’’ and adding, in its 

place, ‘‘who is a child of a Vietnam 

veteran or a child of a veteran with 

covered service in Korea’’. 


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36646 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 

c. Revising the authority citation at 

the end of the paragraph. 

The revisions read as follows: 

§ 3.262 Evaluation of income. 

* * * * * 

(y) Monetary allowance under 38 

U.S.C. chapter 18 for certain individuals 

who are children of Vietnam veterans or 

children of veterans with covered 

service in Korea. * * * 

(Authority: 38 U.S.C. 1833(c)) 

* * * * * 

10. Amend § 3.263(g) by: 

a. Revising the paragraph heading. 

b. Removing ‘‘who is a child of a 

Vietnam veteran’’ and adding, in its 

place, ‘‘who is a child of a Vietnam 

veteran or a child of a veteran with 

covered service in Korea’’. 

c. Revising the authority citation at 

the end of the paragraph. 

The revisions read as follows: 

§ 3.263 Corpus of estate; net worth. 

* * * * * 

(g) Monetary allowance under 38 

U.S.C. chapter 18 for certain individuals 

who are children of Vietnam veterans or 

children of veterans with covered 

service in Korea. * * * 

(Authority: 38 U.S.C. 1833(c)) 

* * * * * 

11. Amend § 3.272(u) by: 

a. Revising the paragraph heading. 

b. Removing ‘‘who is a child of a 

Vietnam veteran’’ and adding, in its 

place, ‘‘who is a child of a Vietnam 

veteran or a child of a veteran with 

covered service in Korea’’. 

The revision reads as follows: 

§ 3.272 Exclusions from income. 

* * * * * 

(u) Monetary allowance under 38 

U.S.C. chapter 18 for certain individuals 

who are children of Vietnam veterans or 

children of veterans with covered 

service in Korea. * * * 

* * * * * 

12. Amend § 3.275(i) by: 

a. Revising the paragraph heading. 

b. Removing ‘‘who is a child of a 

Vietnam veteran’’ and adding, in its 

place, ‘‘who is a child of a Vietnam 

veteran or a child of a veteran with 

covered service in Korea’’. 

The revision reads as follows: 

§ 3.275 Criteria for evaluating net worth. 

* * * * * 

(i) Monetary allowance under 38 

U.S.C. chapter 18 for certain individuals 

who are children of Vietnam veterans or 

children of veterans with covered 

service in Korea. * * * 

* * * * * 

13. Amend § 3.307(a)(6) by: 

a. Adding a new § 3.307(a)(6)(iv) and 

a cross reference after § 3.307(a)(6)(iii). 

b. Revising the authority citation at 

the end of new § 3.307(a)(6)(iv). 

The addition and revision read as 

follows: 

§ 3.307 Presumptive service connection 

for chronic, tropical or prisoner-of-war 

related disease, or disease associated with 

exposure to certain herbicide agents; 

wartime and service on or after January 1, 

1947. 

(a) * * * 

(6) * * * 

(iv) A veteran who, during active, 

military, naval, or air service, served 

between April 1, 1968, and July 31, 

1969, in a unit that operated in or near 

the Korean DMZ in an area in which 

herbicides are known to have been 

applied during that period shall be 

presumed to have been exposed during 

such service to an herbicide agent, 

unless there is affirmative evidence to 

establish that the veteran was not 

exposed to any such agent during that 

service. 

Cross Reference: 38 CFR 3.814(c)(2). 

(Authority: 38 U.S.C. 501(a), 1116(a)(3), 

1821) 

* * * * * 

14. Revise § 3.403 by: 

a. In § 3.403(b), removing ‘‘An award 

of the monetary allowance’’ and adding, 

in its place, ‘‘Except as provided in 

§ 3.814(e), an award of the monetary 

allowance’’. 

b. In § 3.403(b), removing ‘‘date of 

claim, but’’ and adding, in its place, ’’ 

the later of the date of claim or the date 

entitlement arose, but’’. 

c. Revising the authority citation for 

§ 3.403(b). 

d. Revising the authority citation for 

§ 3.403(c). 

e. Adding new § 3.403(d) including 

the authority citation for this paragraph 

(d). 

f. Removing the authority citation at 

the end of the section. 

The addition and revisions read as 

follows: 

§ 3.403 Children. 

* * * * * 

(b) * * * 

(Authority: 38 U.S.C. 1805, 1832, 5110) 

(c) * * * 

(Authority: 38 U.S.C. 1815, 1832, 1834, 5110) 

(d) Monetary allowance under 38 

U.S.C. 1821 for an individual suffering 

from spina bifida who is a child of a 

veteran with covered service in Korea. 

Except as provided in § 3.814(e), an 

award of the monetary allowance under 

38 U.S.C. 1821 based on the existence 

of an individual suffering from spina 

bifida who is a child of a veteran with 

covered service in Korea will be 

effective from either the date of birth if 

claim is received within 1 year of that 

date, or the later of the date of claim or 

date entitlement arose, but not earlier 

than December 16, 2003. 

(Authority: 38 U.S.C. 1821, 1832, 5110) 

15. Amend § 3.503 by: 

a. Revising the heading of paragraph 

(b). 

b. Removing the authority citation for 

paragraph (b). 

c. Revising the authority citation at 

the end of the section. 

The revisions read as follows: 

§ 3.503 Children. 

* * * * * 

(b) Monetary allowance under 38 

U.S.C. chapter 18 for certain individuals 

who are children of Vietnam veterans or 

children of veterans with covered 

service in Korea. 

* * * * * 

(Authority: 38 U.S.C. 501, 1832, 5112(b)) 

16. Amend § 3.814 by: 

a. Revising the section heading. 

b. In paragraph (a), removing ‘‘is or 

was a Vietnam veteran’’ and adding, in 

its place, ‘‘is or was a Vietnam veteran 

or a veteran with covered service in 

Korea’’ and by removing ‘‘are or were 

both Vietnam veterans’’ and adding, in 

its place, ‘‘are or were both Vietnam 

veterans or veterans with covered 

service in Korea’’. 

c. Redesignating paragraphs (c) (2) 

and (3) as (c)(3) and (4) respectively. 

d. Adding a new paragraph (c)(2). 

e. In paragraph (c)(3), as redesignated, 

removing ‘‘Vietnam era.’’ and adding, in 

its place, ‘‘Vietnam era, or whose 

biological father or mother is or was a 

veteran with covered service in Korea 

and who was conceived after the date 

on which the veteran first had covered 

service in Korea as defined in this 

section.’’ and by removing ‘‘of a 

Vietnam veteran.’’ and adding, in its 

place, ‘‘of a Vietnam veteran or a 

veteran with covered service in Korea.’’. 

f. In paragraph (e), removing ‘‘claim 

or’’ and adding, in its place, ‘‘claim (or 

the date of birth if the claim is received 

within 1 year of that date) or’’. 

g. Adding a cross reference 

immediately following paragraph (f). 

h. Revising the authority citation at 

the end of the section. 

The addition and revisions read as 

follows: 

§ 3.814 Monetary allowance under 38 

U.S.C. chapter 18 for an individual suffering 

from spina bifida whose biological father or 

mother is or was a Vietnam veteran or a 

veteran with covered service in Korea. 

* * * * * 


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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 36647 

(c) * * * 

(2) Covered service in Korea. For the 

purposes of this section, the term 

‘‘veteran with covered service in Korea’’ 

means a person who served in the active 

military, naval, or air service in or near 

the Korean DMZ between September 1, 

1967, and August 31, 1971, and who is 

determined by VA, in consultation with 

the Department of Defense, to have been 

exposed to a herbicide agent during 

such service. Exposure to a herbicide 

agent will be conceded if the veteran 

served between April 1, 1968, and July 

31, 1969, in a unit that operated in or 

near the Korean DMZ in an area in 

which herbicides are known to have 

been applied during that period. 

* * * * * 

Cross Reference: 38 CFR 

3.307(a)(6)(iv). 

(Authority: 38 U.S.C. 501, 1805, 1811, 1812, 

1821, 1831, 1832, 1833, 1834, 5101, 5110, 

5111, 5112) 

17. Amend § 3.815 by revising the 

authority citation at the end of the 

section to read as follows: 

§ 3.815 Monetary allowance under 38 

U.S.C. chapter 18 for an individual with 

disability from covered birth defects whose 

biological mother is or was a Vietnam 

veteran; identification of covered birth 

defects. 

* * * * * 

(Authority: 38 U.S.C. 501, 1811, 1812, 1813, 

1814, 1815, 1816, 1831, 1832, 1833, 1834, 

5101, 5110, 5111, 5112) 

PART 17—MEDICAL 

18. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, 1721, and as 

noted in specific sections. 

19. Revise the undesignated center 

heading preceding § 17.900 to read as 

follows: 

Health Care Benefits for Certain 

Children of Vietnam Veterans and 

Veterans with Covered Service in 

Korea—Spina Bifida and Covered Birth 

Defects 

20. Amend § 17.900 by: 

a. Adding in alphabetical order, the 

definition of ‘‘Veteran with covered 

service in Korea’’. 

b. Revising the authority citation at 

the end of the section. 

The addition and revision read as 

follows: 

§ 17.900 Definitions. 

* * * * * 

Veteran with covered service in Korea 

for purposes of spina bifida means the 

same as defined at § 3.814(c)(2) of this 

title. 

* * * * * 

(Authority: 38 U.S.C. 101(2), 1802–1803, 

1811–1813, 1821, 1831) 

21. Amend § 17.901 by: 

a. In paragraph (a), removing 

‘‘Vietnam veteran’s’’ and adding, in its 

place, ‘‘Vietnam veteran or veteran with 

covered service in Korea’s’’, and by 

removing ‘‘with such health care as the 

Secretary determines is needed by the 

child for spina bifida’’ and adding, in its 

place, ‘‘with health care as the Secretary 

determines is needed’’. 

b. In paragraph (b), removing ‘‘spina 

bifida or other covered birth defects’’ 

and adding, in its place, ‘‘covered birth 

defects (other than spina bifida)’’. 

c. In paragraph (d)(3), removing ‘‘300 

S. Jackson Street. Denver, CO 80209’’ 

and adding, in its place, ‘‘3773 Cherry 

Creek North Drive, Denver, CO 80246’’. 

d. Revising paragraph (d)(4) and the 

authority citation at the end of the 

section. 

e. Revising the Note at the end of the 

section. 

The revisions read as follows: 

§ 17.901 Provisions of Health care. 

* * * * * 

(d) * * * 

(4) The mailing address of the Health 

Administration Center for claims 

submitted pursuant to either paragraph 

(a) or (b) of this section is P.O. Box 

469065, Denver, CO 80246–9065. 

(Authority: 38 U.S.C. 101(2), 1802–1803, 

1811–1813, 1831) 

Note to § 17.901: Under this program, 

beneficiaries with spina bifida will receive 

comprehensive care through the Department 

of Veterans Affairs. However, the health care 

benefits available under this section to 

children with other covered birth defects are 

not comprehensive, and VA will furnish 

them only health care services that are 

related to their covered birth defects. With 

respect to covered children suffering from 

spina bifida, VA is the exclusive payer for 

services paid under 17.900 through 17.905, 

regardless of any third party insurer, 

Medicare, Medicaid, health plan, or any 

other plan or program providing health care 

coverage. As to children with other covered 

birth defects, any third party insurer, 

Medicare, Medicaid, health plan, or any 

other plan or program providing health care 

coverage would be responsible according to 

its provisions for payment for health care not 

relating to the covered birth defects. 

22. Amend § 17.902 by: 

a. In the first sentence of paragraph 

(a), removing ‘‘benefits advisor’’ and 

adding, in its place, ‘‘customer service 

representative’’. 

b. In paragraph (a), removing the 

second sentence and adding two new 

sentences in its place. 

c. Revising the authority citation at 

the end of the section. 

The revisions read as follows: 

§ 17.902 Preauthorization. 

(a) * * * Authorization will only be 

given in spina bifida cases where there 

is a demonstrated medical need. In 

cases of other covered birth defects, 

authorization will only be given where 

there is a demonstrated medical need 

related to the covered birth defects. 

* * * 

* * * * * 

(Authority: 38 U.S.C. 101(2), 1802–1803, 

1811–1813, 1831) 

23. Amend § 17.903 by revising the 

authority citation at the end of the 

section to read as follows: 

§ 17.903 Payment. 

* * * * * 

(Authority: 38 U.S.C. 101(2), 1802–1803, 

1811–1813, 1831) 

* * * * * 

24. Amend § 17.904 by revising the 

authority citation at the end of the 

section to read as follows: 

§ 17.904 Review and appeal process. 

* * * * * 

(Authority: 38 U.S.C. 101(2), 1802–1803, 

1811–1813, 1831) 

* * * * * 

25. Amend § 17.905 by revising the 

authority citation at the end of the 

section to read as follows: 

§ 17.905 Medical records. 

* * * * * 

(Authority: 38 U.S.C. 101(2), 1802–1803, 

1811–1813, 1831) 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart M—Vocational Training and 

Rehabilitation for Certain Children of 

Vietnam Veterans and Veterans With 

Covered Service in Korea—Spina 

Bifida and Covered Birth Defects 

26. The authority citation for part 21, 

subpart M continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 512, 1151 

note, ch. 18, 5112, and as noted in specific 

sections. 

27. Revise the heading of subpart M 

as set forth above. 

28. Amend § 21.8010: 

a. In paragraph (a), by adding in 

alphabetical order, the definition of 

‘‘Veteran with covered service in 

Korea’’. 

b. In paragraph (a) in the definition of 

‘‘Eligible child’’ by removing 

‘‘3.814(c)(2)’’ and adding, in its place, 

‘‘3.814(c)(3)’’. 


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36648 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Proposed Rules 

c. In the definition of ‘‘Spina bifida’’ 

by removing ‘‘§ 3.814(c)(3)’’, and 

adding, in its place, ‘‘§ 3.814(c)(4)’’. 

d. Revising the authority citation for 

paragraph (a). 

e. Revising the authority citation for 

paragraph (b). 

The addition and revisions read as 

follows: 

§ 21.8010 Definitions and abbreviations. 

(a) * * * 

Veteran with covered service in Korea 

means a veteran defined at § 3.814(c)(2) 

of this title. 

* * * * * 

(Authority: 38 U.S.C. 101, 1802, 1804, 1811– 

1812, 1814, 1821, 1831) 

(b) * * * 

(Authority: 38 U.S.C. 1804, 1811, 1814, 1831) 

29. Amend § 21.8012 by: 

a. Revising the section heading. 

b. Revising the authority citation at 

the end of the section. 

The revisions read as follows: 

§ 21.8012 Vocational training program for 

certain children of Vietnam veterans and 

veterans with covered service in Korea— 

spina bifida and covered birth defects. 

* * * * * 

(Authority: 38 U.S.C. 1804, 1812, 1814, 1821) 

30. Amend § 21.8014 by: 

a. In paragraph (a), removing 

‘‘Vietnam veteran’’, and adding, in its 

place, ‘‘Vietnam veteran or veteran with 

covered service in Korea’’. 

b. In paragraph (a)(2), removing 

‘‘Vietnam veteran’s’’, and adding, in its 

place, ‘‘Vietnam veteran or veteran with 

covered service in Korea’s’’. 

c. Revising the authority citation for 

paragraph (a). 

d. Revising the authority citation for 

paragraph (b). 

The revisions read as follows: 

§ 21.8014 Application. 

(a) * * * 

(Authority: 38 U.S.C. 1804(a), 1821, 1832, 

5101 

(b) * * * 

(Authority: 38 U.S.C. 1804, 1811, 1811 note, 

1812, 1814, 1831) 

31. Amend § 21.8016 by revising the 

authority citation for paragraphs (a), (b), 

and (d) to read as follows: 

§ 21.8016 Nonduplication of benefits. 

(a) * * * 

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1834) 

(b) * * * 

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1834) 

* * * * * 

(d) * * * 

(Authority: 38 U.S.C. 1804, 1814, 1834) 

32. Amend § 21.8022(b) by revising 

the authority citation at the end of the 

paragraph to read as follows: 

§ 21.8022 Entry and reentry. 

* * * * * 

(b) * * * 

(Authority: 38 U.S.C. 1804, 1814, 1832) 

[FR Doc. E9–17035 Filed 7–23–09; 8:45 am] 

BILLING CODE 8320–01–P 


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