New Ao Regs

[Berta]

http://www.vawatchdog.org/10/nf10/nfjul10/nf071710-1.htm

[JustPLS]

From my reading, it seems the VA plans to publish the final reg in the Federal Register as soon as OMB is finished with them, which could be anytime within 90 days after July 8th. At that point (I THINK) the 60 days for the Congressional Review Act starts.

(But, there is always the chance that I could be reading the response incorrectly - I hope not, but who knows with regulations?)

[Donna]

There seems to be agreement that the 60 day Congressional review starts after the rule is published. I assumed that is " in session" days? They go on August recess as I recall. What I cannot get clear is... are they payments of the claims delayed during the 60 day review? I was told by an aide to Congressman Boren of Oklahoma that the 60 day review WOULD NOT delay processing or payment of the claims after the rule is final. So confused on this issue. I still think (speculate) the rule will become final this fall.

[JustPLS]

There seems to be agreement that the 60 day Congressional review starts after the rule is published. I assumed that is " in session" days? They go on August recess as I recall. What I cannot get clear is... are they payments of the claims delayed during the 60 day review? I was told by an aide to Congressman Boren of Oklahoma that the 60 day review WOULD NOT delay processing or payment of the claims after the rule is final. So confused on this issue. I still think (speculate) the rule will become final this fall.

I think what you said is correct.

My understanding is that the earliest date claims can be paid is the effective date of the regulation, but the effective date of the claims can be earlier than the effective date of the regulation.

The Congressional Review Act of 1996 makes a major rule effective as a final rule on the latest of:

(1) the latter of the date 60 days after the Congress receives the report on such rule or the rule is published in the Federal Register;

(2) the earlier of the date on which either House of Congress fails to override a presidential veto of a joint resolution disapproving the rule or the date occurring 30 session days after the Congress received the veto; or

(3) the date the rule would have otherwise taken effect.

I don't know for sure what number 3 means, but the first 2 seem pretty easy to follow. Unless Congress moves to overturn, it appears that the latest effective date will be somewhere around December 8th (July 8 plus max of 90 days at OMB, and 60 days after publishing in the Federal Register). Here's hoping, anyway.

[Berta]

"My understanding is that the earliest date claims can be paid is the effective date of the regulation, but the effective date of the claims can be earlier than the effective date of the regulation."

Right-I agree- unless they try to mess around with the Nehmer Court Order.

[Donna]

My confusion is here: The rule is final when it is published right? When is it effective? After the 60 day review? Therefore Webbs amendment (which is already law) actually does delay the "payment" of claims

[stillhere]

While I do not have a dog in this fight (at least now) I feel for the vets that are having to wait, wait and wait somemore. These people doing this should have to wait for something sometime!! I know for sure that Webb will never get a vote from me as long as I live in Virginia!

This is just down right wrong. While I am heart connected for my heart disease at 100% because of the way it is Sec to my DM2 I consider myself lucky that I did not file for it until I first filed for my DM2.

I would suggest that any new Vietnam vets that do come down with DM2 file for heart disease at the same time.

Good luck to all but these claims may not be paid until the end of the year from all I have been reading.