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TitleActionFR DocPublishedAgency NameExcerptsAbstractHTMLPDF
TitleActionFR DocPublishedAgency NameExcerptsAbstractHTMLPDF
Additional Compensation on Account of Children Adopted Out of Veteran's FamilyRule2015-1994908/13/2015Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is amending its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This … The Department of Veterans Affairs (VA) is amending its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This action is necessary because applicable VA adjudication regulations are currently construed as permitting a veteran, whose former child was adopted out of the veteran's family, to receive the dependent rate of disability compensation for the adopted-out child, which constitutes an unwarranted award of benefits not supported by the applicable statute and legislative history. This document adopts as a final rule, without change, the proposed rule published in the Federal Register on December 2, 2014.additional-compensation-on-account-of-children-adopted-out-of-veterans-familyFR-Doc-2015-19949
Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to HerbicideRule2015-1499506/19/2015Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is amending its regulation governing individuals presumed to have been exposed to certain herbicides. Specifically, VA is expanding the regulation to include an additional group consisting … The Department of Veterans Affairs (VA) is amending its regulation governing individuals presumed to have been exposed to certain herbicides. Specifically, VA is expanding the regulation to include an additional group consisting of individuals who performed service in the Air Force or Air Force Reserve under circumstances in which they had regular and repeated contact with C-123 aircraft known to have been used to spray an herbicide agent (``Agent Orange'') during the Vietnam era. In addition, the regulation will establish a presumption that members of this group who later develop an Agent Orange presumptive condition were disabled during the relevant period of service, thus establishing that this service constituted ``active, naval, military or air service.'' The effect of this action is to presume herbicide exposure for these individuals and to allow individuals who were exposed to herbicides during reserve service to establish veteran status for VA purposes and eligibility for some VA benefits. The need for this action results from a recent decision by the Secretary of Veterans Affairs to acknowledge that individuals who had regular and repeated exposure to C-123 aircraft that the United States Air Force used to spray the herbicides in Vietnam during Operation Ranch Hand were exposed to Agent Orange.presumption-of-herbicide-exposure-and-presumption-of-disability-during-service-for-reservistsFR-Doc-2015-14995
Schedule for Rating Disabilities-Mental Disorders and Definition of Psychosis for Certain VA PurposesRule2015-0621203/19/2015Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) adopts as final, without change, an interim final rule amending its Schedule for Rating Disabilities (VASRD) dealing with mental disorders and its adjudication regulations that define the … The Department of Veterans Affairs (VA) adopts as final, without change, an interim final rule amending its Schedule for Rating Disabilities (VASRD) dealing with mental disorders and its adjudication regulations that define the term ``psychosis.'' Outdated references are replaced with references to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). Nomenclature used to refer to certain mental disorders is amended to conform to DSM-5. This rule also provides clarification of the applicability date.schedule-for-rating-disabilities-mental-disorders-and-definition-of-psychosis-for-certain-vaFR-Doc-2015-06212
Additional Compensation on Account of Children Adopted Out of Veteran's FamilyProposed Rule2014-2837412/02/2014Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) proposes to amend its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's fam … The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This action is necessary because applicable VA adjudication regulations are currently construed as permitting a veteran, whose former child was adopted out of the veteran's family, to receive the dependent rate of disability compensation for the adopted-out child, which constitutes an unwarranted award of benefits not supported by the applicable statute and legislative history.additional-compensation-on-account-of-children-adopted-out-of-veterans-familyFR-Doc-2014-28374
Standard Claims and Appeals FormsRule2014-2263309/25/2014Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) amends its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board) to require that all claims governed by VA's adjudication regu … The Department of Veterans Affairs (VA) amends its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board) to require that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. This rulemaking also eliminates the constructive receipt of VA reports of hospitalization or examination and other medical records as informal claims for increase or to reopen while retaining the retroactive effective date assignment for awards for claims for increase which are filed on a standard form within 1 year of such hospitalization, examination, or treatment. This final rule also implements the concept of an intent to file a claim for benefits, which operates similarly to the current informal claim process, but requires that the submission establishing a claimant's effective date of benefits must be received in one of three specified formats. Finally, these amendments will provide that VA will accept an expression of dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction(AOJ) as a Notice of Disagreement (NOD) only if it is submitted on a standardized form provided by VA for the purpose of appealing the decision, in cases where such a form is provided. Although a standardized NOD form will only initially be provided in connection with decisions on compensation claims, VA may require a standard NOD form for any type of claim for VA benefits if, in the future, it develops and provides a standardized NOD form for a particular benefit. The purpose of these amendments is to improve the quality and timeliness of the processing of veterans' claims for benefits by standardizing the claims and appeals processes through the use of forms.standard-claims-and-appeals-formsFR-Doc-2014-22633
Specially Adapted Housing Eligibility for Amyotrophic Lateral Sclerosis BeneficiariesRule2014-1924008/14/2014Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) amended by interim final rule its adjudication regulation regarding specially adapted housing (SAH) to authorize automatic issuance of a certificate of eligibility for SAH to all veter … The Department of Veterans Affairs (VA) amended by interim final rule its adjudication regulation regarding specially adapted housing (SAH) to authorize automatic issuance of a certificate of eligibility for SAH to all veterans and active-duty servicemembers with service-connected amyotrophic lateral sclerosis (ALS) rated totally disabling under the VA Schedule for Rating Disabilities. This document adopts as a final rule, without change, the interim final rule published in the Federal Register on December 3, 2013.specially-adapted-housing-eligibility-for-amyotrophic-lateral-sclerosis-beneficiariesFR-Doc-2014-19240
Schedule for Rating Disabilities-Mental Disorders and Definition of Psychosis for Certain VA PurposesRule2014-1815008/04/2014Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is amending the portion of its Schedule for Rating Disabilities (VASRD) dealing with mental disorders and its adjudication regulations that define the term ``psychosis.'' The VASRD refers to … The Department of Veterans Affairs (VA) is amending the portion of its Schedule for Rating Disabilities (VASRD) dealing with mental disorders and its adjudication regulations that define the term ``psychosis.'' The VASRD refers to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), and VA's adjudication regulations refer to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition Text Revision (DSM-IV-TR). DSM-IV and DSM-IV-TR were recently updated by issuance of the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). This rulemaking will remove outdated DSM references by deleting references to DSM-IV and DSM-IV-TR and replacing them with references to DSM-5. Additionally, this rulemaking will update the nomenclature used to refer to certain mental disorders to conform to DSM-5.schedule-for-rating-disabilities-mental-disorders-and-definition-of-psychosis-for-certain-vaFR-Doc-2014-18150
VA Compensation Service and Pension and Fiduciary Service Nomenclature ChangesRule2014-0039001/13/2014Veterans Affairs DepartmentThis document amends the Department of Veterans Affairs (VA) regulations by making nonsubstantive changes to reflect new titles of certain VA offices.This document amends the Department of Veterans Affairs (VA) regulations by making nonsubstantive changes to reflect new titles of certain VA offices.va-compensation-service-and-pension-and-fiduciary-service-nomenclature-changesFR-Doc-2014-00390
Fiduciary ActivitiesProposed Rule2013-2997001/03/2014Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) proposes to amend its fiduciary program regulations, which govern the oversight of beneficiaries who, because of injury, disease, the infirmities of advanced age, or minority, are unable to manag … The Department of Veterans Affairs (VA) proposes to amend its fiduciary program regulations, which govern the oversight of beneficiaries who, because of injury, disease, the infirmities of advanced age, or minority, are unable to manage their VA benefits, and the appointment and oversight of fiduciaries for these vulnerable beneficiaries. The proposed amendments would update and reorganize regulations consistent with current law, VA policies and procedures, and VA's reorganization of its fiduciary activities. They would also clarify the rights of beneficiaries in the program and the roles of VA and fiduciaries in ensuring that VA benefits are managed in the best interest of beneficiaries and their dependents.fiduciary-activitiesFR-Doc-2013-29970
Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain InjuryRule2013-2991112/17/2013Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) amends its adjudication regulations concerning service connection. This final rule acts upon a report of the National Academy of Sciences, Institute of Medicine (IOM), Gulf War and Health, … The Department of Veterans Affairs (VA) amends its adjudication regulations concerning service connection. This final rule acts upon a report of the National Academy of Sciences, Institute of Medicine (IOM), Gulf War and Health, Volume 7: Long-Term Consequences of Traumatic Brain Injury, regarding the association between traumatic brain injury (TBI) and five diagnosable illnesses. This amendment establishes that if a veteran who has a service-connected TBI also has one of these diagnosable illnesses, then that illness will be considered service connected as secondary to the TBI.secondary-service-connection-for-diagnosable-illnesses-associated-with-traumatic-brain-injuryFR-Doc-2013-29911
Specially Adapted Housing Eligibility for Amyotrophic Lateral Sclerosis BeneficiariesRule2013-2883112/03/2013Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is amending its adjudication regulation regarding specially adapted housing (SAH). The amendment authorizes automatic issuance of a certificate of eligibility for SAH to all veterans and active … The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding specially adapted housing (SAH). The amendment authorizes automatic issuance of a certificate of eligibility for SAH to all veterans and active servicemembers with service- connected amyotrophic lateral sclerosis (ALS) rated totally disabling under the VA Schedule for Rating Disabilities. The intent and effect of this amendment are to establish eligibility for SAH for all persons who have service-connected ALS. VA previously amended its Schedule for Rating Disabilities to assign a 100-percent disability evaluation for any veteran who has service-connected ALS based on the recognition that ALS is a rapidly progressive, totally debilitating, and irreversible motor neuron disease that results in muscle weakness leading to a wide range of serious disabilities, including problems with mobility. Because individuals with ALS quickly reach a level of total disability, the change was designed to eliminate the need to repeatedly reevaluate veterans suffering from ALS over a short period of time as symptoms worsen. Based on that same rationale, this amendment addresses the corresponding eligibility for SAH benefits for veterans and servicemembers with service-connected ALS. The overall SAH grant approval and oversight process is complex and lengthy, with many parts beyond VA's control. This rulemaking streamlines one aspect of the process within VA's control, by establishing SAH eligibility for all veterans or servicemembers with service-connected, totally disabling ALS. By shortening the first stage of the SAH process, this regulatory change will assist veterans and servicemembers suffering from ALS in adapting their homes before their condition becomes too debilitating. It will also lengthen the period during which ALS-afflicted veterans and servicemembers will be able to utilize the core SAH benefits. VA also makes non-substantive technical amendments for clarity.specially-adapted-housing-eligibility-for-amyotrophic-lateral-sclerosis-beneficiariesFR-Doc-2013-28831
VA Compensation and Pension Regulation Rewrite ProjectProposed Rule2013-2389511/27/2013Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) proposes to reorganize and rewrite its compensation and pension regulations in a logical, claimant-focused, and user-friendly format. The intended effect of the proposed revisions is t … The Department of Veterans Affairs (VA) proposes to reorganize and rewrite its compensation and pension regulations in a logical, claimant-focused, and user-friendly format. The intended effect of the proposed revisions is to assist claimants, beneficiaries, veterans' representatives, and VA personnel in locating and understanding these regulations.va-compensation-and-pension-regulation-rewrite-projectFR-Doc-2013-23895
Standard Claims and Appeals FormsProposed Rule2013-2596810/31/2013Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is proposing to amend its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board). There are two major components of these proposed ch … The Department of Veterans Affairs (VA) is proposing to amend its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board). There are two major components of these proposed changes. The first is to require all claims to be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. The second is to provide that VA would accept an expression of dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction (AOJ) as a Notice of Disagreement (NOD) only if it is submitted on a standardized form provided by VA for the purpose of appealing the decision, in cases where such a form is provided. The purpose of these amendments is to improve the quality and timeliness of the processing of veterans' claims for benefits.standard-claims-and-appeals-formsFR-Doc-2013-25968
Eligibility of Disabled Veterans and Members of the Armed Forces With Severe Burn Injuries for Financial Assistance in the Purchase of an Automobile or Other Conveyance and Adaptive EquipmentRule2013-2276409/19/2013Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulation concerning a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and … The Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulation concerning a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, which was published in the Federal Register on November 5, 2012, and republished for minor technical corrections on November 26, 2012. The amendment is necessary to incorporate statutory changes made by the Veterans' Benefits Act of 2010.eligibility-of-disabled-veterans-and-members-of-the-armed-forces-with-severe-burn-injuries-forFR-Doc-2013-22764
Disease Associated With Exposure to Certain Herbicide Agents: Peripheral NeuropathyRule2013-2167409/06/2013Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulations by clarifying and expanding the terminology regarding presumptive service connection for acute and subacute peripheral ne … The Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulations by clarifying and expanding the terminology regarding presumptive service connection for acute and subacute peripheral neuropathy associated with exposure to certain herbicide agents. This amendment implements a decision by the Secretary of Veterans Affairs based on findings from the National Academy of Sciences (NAS) Institute of Medicine report, Veterans and Agent Orange: Update 2010. It also amends VA's regulation governing retroactive awards for certain diseases associated with herbicide exposure as required by court orders in the class action litigation of Nehmer v. U.S. Department of Veterans Affairs.disease-associated-with-exposure-to-certain-herbicide-agents-peripheral-neuropathyFR-Doc-2013-21674
Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain InjuryProposed Rule2012-2970912/10/2012Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is amending its adjudication regulations concerning service-connection. This amendment is necessary to act upon a report of the National Academy of Sciences, Institute of Medicine (IOM), Gulf War … The Department of Veterans Affairs (VA) is amending its adjudication regulations concerning service-connection. This amendment is necessary to act upon a report of the National Academy of Sciences, Institute of Medicine (IOM), Gulf War and Health, Volume 7: Long-Term Consequences of Traumatic Brain Injury, regarding the association between traumatic brain injury (TBI) and five diagnosable illnesses. The intended effect of this amendment is to establish that if a veteran who has a service-connected TBI also has one of these diagnosable illnesses, then that illness will be considered service connected as secondary to the TBI.secondary-service-connection-for-diagnosable-illnesses-associated-with-traumatic-brain-injuryFR-Doc-2012-29709
Eligibility of Disabled Veterans and Members of the Armed Forces With Severe Burn Injuries for Financial Assistance in the Purchase of an Automobile or Other Conveyance and Adaptive Equipment; CorrectionProposed Rule2012-2843711/26/2012Veterans Affairs DepartmentIn a document published in the Federal Register on November 5, 2012 (77 FR 66419), the Department of Veterans Affairs amended its adjudication regulations regarding a certificate of eligibility for financial assistance in the purchase … In a document published in the Federal Register on November 5, 2012 (77 FR 66419), the Department of Veterans Affairs amended its adjudication regulations regarding a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. The document contained several grammatical errors in the preamble and regulatory text. This document corrects the errors and does not make any substantive change to the content of the proposed rule.eligibility-of-disabled-veterans-and-members-of-the-armed-forces-with-severe-burn-injuries-forFR-Doc-2012-28437
Eligibility of Disabled Veterans and Members of the Armed Forces With Severe Burn Injuries for Financial Assistance in the Purchase of an Automobile or Other Conveyance and Adaptive EquipmentProposed Rule2012-2660711/05/2012Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is amending its adjudication regulation regarding a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. The amendm … The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. The amendment is necessary to incorporate statutory changes made by the Veterans' Benefits Act of 2010.eligibility-of-disabled-veterans-and-members-of-the-armed-forces-with-severe-burn-injuries-forFR-Doc-2012-26607
Extension of Statutory Period for Compensation for Certain Disabilities Due to Undiagnosed Illnesses and Medically Unexplained Chronic Multi-Symptom IllnessesRule2012-2535310/16/2012Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) is issuing this final rule to affirm an amendment to its adjudication regulation regarding compensation for disabilities experienced by veterans who served in the Southwest Asia Theater of Op … The Department of Veterans Affairs (VA) is issuing this final rule to affirm an amendment to its adjudication regulation regarding compensation for disabilities experienced by veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War. This amendment is necessary to extend the period during which disabilities associated with undiagnosed illnesses and medically unexplained chronic multi-symptom illnesses must become manifest in order for a veteran to be eligible for compensation. Additionally, in this final rule, VA will correct the adjudication section title that was amended and published in the Federal Register on September 29, 2010, but inadvertently changed to the original title.extension-of-statutory-period-for-compensation-for-certain-disabilities-due-to-undiagnosed-illnessesFR-Doc-2012-25353
Disease Associated With Exposure to Certain Herbicide Agents: Peripheral NeuropathyProposed Rule2012-1963408/10/2012Veterans Affairs DepartmentThe Department of Veterans Affairs (VA) proposes to amend its adjudication regulation concerning presumptive service connection for acute and sub-acute peripheral neuropathy associated with exposure to certain herbicide agents. This pr … The Department of Veterans Affairs (VA) proposes to amend its adjudication regulation concerning presumptive service connection for acute and sub-acute peripheral neuropathy associated with exposure to certain herbicide agents. This proposed amendment is necessary to implement a decision by the Secretary of Veterans Affairs to clarify and expand the terminology regarding presumption of service connection for peripheral neuropathy associated with exposure to certain herbicide agents.disease-associated-with-exposure-to-certain-herbicide-agents-peripheral-neuropathyFR-Doc-2012-19634
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