[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Rules and Regulations]
[Page 14491-14492]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr09-14]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AN04
Posttraumatic Stress Disorder
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document affirms an amendment to the Department of
Veterans Affairs (VA) adjudication regulations regarding service
connection for posttraumatic stress disorder (PTSD) that eliminated the
requirement of evidence corroborating occurrence of the claimed in-
service stressor in claims in which PTSD is diagnosed in service. This
amendment is necessary to facilitate proof of service connection in
such claims. By this amendment, we intend to more quickly adjudicate
claims for service connection for PTSD for these veterans.
DATES: The interim final rule became effective on October 29, 2008, and
is applicable to claims pending before VA on the effective date of that
rule, as well as to claims filed after that date.
FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Regulations Staff
(211D), Compensation and Pension Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (727) 319-5847. (This is not a toll-free
number.)
[[Page 14492]]
SUPPLEMENTARY INFORMATION: On October 29, 2008, at 73 FR 64208, VA
published an interim final rule amending 38 CFR 3.304(f) to relax the
requirement for establishing service connection for PTSD that was
diagnosed in service. We added a new paragraph to provide that, if the
evidence shows that a veteran's PTSD was diagnosed during service and
the claimed stressor is related to that service, in the absence of
clear and convincing evidence to the contrary, and provided that the
claimed stressor is consistent with the circumstances, conditions, or
hardships of the veteran's service, the veteran's lay testimony alone
may establish the occurrence of the claimed in-service stressor.
We provided a 30-day comment period that ended November 28, 2008.
We received one comment. The commenter supported the relaxed standards
for providing benefits for veterans who were diagnosed with PTSD while
in service, but objected to requiring a veteran to show a stressor
consistent with the circumstances, conditions, or hardships of the
veteran's service. The commenter felt that the requirement was
especially troublesome in a theater of combat such as Iraq where combat
is experienced by troops with varying military occupational specialties
and who, because of the circumstances of their service, may not be able
to corroborate or establish the circumstances or conditions of their
stressors.
We make no change based on this comment. The language to which the
commenter objects is mandated by 38 U.S.C. 1154(a). Section 1154(a)
requires VA to include in regulations pertaining to service connection
of disabilities provisions requiring VA to consider ``the places,
types, and circumstances'' of a veteran's service when deciding a claim
for service connection. Also, the inclusion of that language in the
regulation makes it parallel to 38 U.S.C. 1154(b) in ensuring that the
stressor claim is plausible in light of what is known of the veteran's
service.
VA appreciates the comment submitted in response to the interim
final rule. Based on the rationale stated in the interim final rule and
in this document, we now affirm as a final rule the amendments made by
the interim final rule.
Administrative Procedure Act
This document affirms without any changes amendments made by an
interim final rule that is already in effect. Accordingly, we have
concluded under 5 U.S.C. 553 that there is good cause for dispensing
with a delayed effective date based on the conclusion that such
procedure is impracticable, unnecessary, and contrary to the public
interest.
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 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. This final rule would not affect any small entities. Only 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.
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), 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 final rule have been examined, and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
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 year. This final rule would have no consequential
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 rule are 64.109, Veterans Compensation for Service-
Connected Disability and 64.110, Veterans Dependency and Indemnity
Compensation for Service-Connected Death.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Approved: March 23, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
Part 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
The interim final rule amending 38 CFR Part 3 that was published at
73 FR 64208 on October 29, 2008, is adopted as a final rule without
change.
[FR Doc. E9-7229 Filed 3-30-09; 8:45 am]
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