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Gwvets Presumptive Period-
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From: Colonel Dan Cedusky:
http://frwebgate.access.gpo.gov/cgi-bin/ge...e=2006_register
<http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2006_register&po
sition=all&page=75670> &position=all&page=75670
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and
Regulations
Presumptive period was due to expire 31 Dec 2006. Has been extended 5 years
to 31 Dec 2011. some info extracted from web site above
***************
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AM47
Extension of the Presumptive Period for Compensation for Gulf War
Veterans
AGENCY: Department of Veterans Affairs.
ACTION: Interim final rule.
----------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is issuing this
interim final rule to amend its adjudication regulations regarding
compensation for
[[Page 75670]]
disabilities resulting from undiagnosed illnesses suffered by veterans
who served in the Persian Gulf War. This amendment is necessary to
extend the presumptive period for qualifying chronic disabilities
resulting from undiagnosed illnesses that must become manifest to a
compensable degree in order that entitlement for compensation be
established. The intended effect of this amendment is to provide
consistency in VA adjudication policy and preserve certain rights
afforded to Persian Gulf War veterans and ensure fairness for current
and future Persian Gulf War veterans.
DATES: Effective Date: This interim final rule is effective December
18, 2006. Comments must be received by VA on or before February 16,
2007.
In 2001, the Secretary extended the presumptive period for
undiagnosed illnesses suffered by Persian Gulf War veterans from
December 31, 2001, to December 31, 2006, based upon ongoing research
that would require review by the Secretary. VA published an interim
final rule amending 38 CFR 3.317 to extend the presumptive period to
December 31, 2006 (an additional 5 years). See 66 FR 56614, November 9,
2001.
In December 2001, section 202(a) of Public Law 107-103 amended 38
U.S.C. 1117 by revising the term ``chronic disability'' to include the
following (or any combination of the following): (a) An undiagnosed
illness; (:) a medically unexplained chronic multisymptom illness (such
as chronic fatigue syndrome, fibromyalgia, and irritable bowel
syndrome) that is defined by a cluster of signs or symptoms; or © any
diagnosed illness that the Secretary determines warrants a presumption
of service connection. The revised term, ``qualifying chronic
disability,'' has broadened the scope of those health outcomes the
Secretary may include under the presumption of service connection.
Under 38 U.S.C. 1117, a qualifying chronic disability must still occur
during service on active duty in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War, or to a degree of 10
percent or more during the presumptive period prescribed following such
service. Accordingly, VA amended 38 CFR 3.317 to reflect these changes.
See 68 FR 34539, June 10, 2003.
III. Current Research
The NAS' Committee on Gulf War and Health has several meetings
planned during 2006 in support of current research projects. One such
research project is Physiologic, Psychologic, and Psychosocial Effects
of Deployment Related Stress. The objective of this project is to
comprehensively review, evaluate, and summarize the scientific and
medical literature for peer review regarding the association between
stress and long-term adverse health effects in the Gulf War.
The NAS study is not limited to veterans of the Persian Gulf War
deployments of the early 1990s but also includes veterans of current
conflicts, such as Operation Iraqi Freedom, occurring in part, within
the Southwest Asia theater of operations.
[[Page 75671]]
In addition to the above-referenced report, we anticipate that the
NAS will prepare other reports relevant to Gulf War veterans' health,
including reports required by Public Law 105-277 to be prepared every 2
years through October 1, 2010. These research projects have the
potential of bringing much needed information to the Secretary
regarding the establishment of a new, more definitive, presumptive
period for Gulf War veterans with qualifying chronic disabilities.
These NAS research projects have begun and are currently ongoing.
Presently, VA continues to receive claims for qualifying chronic
disabilities. In 2005 for example, VA received 2,241 new claims with
diagnostic codes that would be affected by this final rule, and we
continue to receive such claims during 2006.
Conclusion
Currently, military operations in the Southwest Asia theater of
operations continue, including Operation Iraqi Freedom. No end date for
the Gulf War has been established by Congress or the President. See 38
U.S.C. 101(33). Because scientific uncertainty remains as to the cause
of illnesses suffered by Persian Gulf War veterans and current IOM
research studies are incomplete, limiting entitlement to benefits
payable under 38 U.S.C. 1117 due to the expiration of the presumptive
period in 38 CFR 3.317 is premature. If extension of the current
presumptive period is not implemented, servicemembers conducting
military operations in the Southwest Asia theater of operations after
December 31, 2006, could be substantially disadvantaged compared to
servicemembers who previously served in the same theater of operations.
Therefore, VA is extending the presumptive period in 38 CFR 3.317
for qualifying chronic disabilities that become manifest to a degree of
10 percent or more through December 31, 2011 (a period of 5 years), to
ensure those benefits established by Congress are fairly administered.
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
Sec. 3.317 [Amended]
0
2. In Sec. 3.317, paragraph (a)(1)(i) is amended by removing
``December 31, 2006'' and adding, in its place, ``December 31, 2011''.
[FR Doc. E6-21531 Filed 12-15-06; 8:45 am]
BILLING CODE 8320-01-P
[Non-text portions of this message have been removed]
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"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
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