5.10.2015

Presumptive Service Connection

§3.309 Disease subject to presumptive service connection.

(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Anemia, primary
Arteriosclerosis
Arthritis
Atrophy, Progressive muscular
Brain hemorrhage
Brain thrombosis
Bronchiectasis
Calculi of the kidney, bladder, or gallbladder
Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)
Cirrhosis of the liver
Coccidioidomycosis.
Diabetes mellitus.
Encephalitis lethargica residuals
Endocarditis. (This term covers all forms of valvular heart disease.)
Endocrinopathies
Epilepsies
Hansen’s disease
Hodgkin’s disease
Leukemia
Lupus erythematosus, systemic
Myasthenia gravis
Myelitis
Myocarditis
Nephritis
Other organic diseases of the nervous system
Osteitis deformans (Paget’s disease)
Osteomalacia
Palsy, bulbar
Paralysis agitans
Psychoses
Purpura idiopathic, hemorrhagic
Raynaud’s disease
Sarcoidosis
Scleroderma
Sclerosis, amyotrophic lateral
Sclerosis, multiple
Syringomyelia
Thromboangiitis obliterans (Buerger’s disease)
Tuberculosis, active
Tumors, malignant, or of the brain or spinal cord or peripheral nerves
Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.

(b) Tropical diseases. The following diseases shall be granted service connection as a result of tropical service, although not otherwise established as incurred in service if manifested to a compensable degree within the applicable time limits under §3.307 or §3.308 following service in a period of war or following peacetime service pro
Amebiasis
Blackwater fever
Cholera
Dracontiasis
Dysentery
Filariasis
Leishmaniasis, including kala-azar
Loiasis
Malaria
Onchocerciasis
Oroya fever
Pinta
Plague
Schistosomiasis
Yaws
Yellow fever

Resultant disorders or diseases originating because of therapy administered in connection with such diseases or as a preventative thereof.

(c) Diseases specific as to former prisoners of war.

(1) If a veteran is a former prisoner of war, the following diseases shall be service connected if manifest to a degree of disability of 10 percent or more at any time after discharge or release from active military, naval, or air service even though there is no record of such disease during service, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Psychosis.

Any of the anxiety states.

Dysthymic disorder (or depressive neurosis).

Organic residuals of frostbite, if it is determined that the veteran was interned in climatic conditions consistent with the occurrence of frostbite.

Post-traumatic osteoarthritis.

Atherosclerotic heart disease or hypertensive vascular disease (including hypertensive heart disease) and their complications (including myocardial infarction, congestive heart failure, arrhythmia).

Stroke and its complications.

On or after October 10, 2008, Osteoporosis, if the Secretary determines that the veteran has posttraumatic stress disorder (PTSD).

(2) If the veteran:

(i) Is a former prisoner of war and;

(ii) Was interned or detained for not less than 30 days, the following diseases shall be service connected if manifest to a degree of 10 percent or more at any time after discharge or release from active military, naval, or air service even though there is no record of such disease during service, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Avitaminosis
Beriberi (including beriberi heart disease)
Chronic dysentery
Helminthiasis
Malnutrition (including optic atrophy associated with malnutrition)
Pellagra
Any other nutritional deficiency
Irritable bowel syndrome
Peptic ulcer disease
Peripheral neuropathy except where directly related to infectious causes
Cirrhosis of the liver

On or after September 28, 2009, Osteoporosis. (Authority: 38 U.S.C. 501(a) and 1112(b))

(d) Diseases specific to radiation-exposed veterans.

(1) The diseases listed in paragraph (d)(2) of this section shall be service-connected if they become manifest in a radiation-exposed veteran as defined in paragraph (d)(3) of this section, provided the rebuttable presumption provisions of §3.307 of this part are also satisfied.

(2) The diseases referred to in paragraph (d)(1) of this section are the following:
(i) Leukemia (other than chronic lymphocytic leukemia)
(ii) Cancer of the thyroid
(iii) Cancer of the breast
(iv) Cancer of the pharynx
(v) Cancer of the esophagus
(vi) Cancer of the stomach
(vii) Cancer of the small intestine
(viii) Cancer of the pancreas
(ix) Multiple myeloma
(x) Lymphomas (except Hodgkin’s disease)
(xi) Cancer of the bile ducts
(xii) Cancer of the gall bladder
(xiii) Primary liver cancer (except if cirrhosis or hepatitis B is indicated)
(xiv) Cancer of the salivary gland
(xv) Cancer of the urinary tract
(xvi) Bronchiolo-alveolar carcinoma
(xvii) Cancer of the bone
(xviii) Cancer of the brain
(xix) Cancer of the colon
(xx) Cancer of the lung
(xxi) Cancer of the ovary

Note: For the purposes of this section, the term urinary tract means the kidneys, renal pelves, ureters, urinary bladder, and urethra. (Authority: 38 U.S.C. 1112(c)(2))

(3) For purposes of this section:

(i) The term radiation-exposed veteran means either a veteran who, while serving on active duty, or an individual who while a member of a reserve component of the Armed Forces during a period of active duty for training or inactive duty training, participated in a radiation-risk activity.

(ii) The term radiation-risk activity means:

(A) Onsite participation in a test involving the atmospheric detonation of a nuclear device.

(B) The occupation of Hiroshima or Nagasaki, Japan, by United States forces during the period beginning on August 6, 1945, and ending on July 1, 1946.

(C) Internment as a prisoner of war in Japan (or service on active duty in Japan immediately following such internment) during World War II which resulted in an opportunity for exposure to ionizing radiation comparable to that of the United States occupation forces in Hiroshima or Nagasaki, Japan, during the period beginning on August 6, 1945, and ending on July 1, 1946.

(D)(1) Service in which the service member was, as part of his or her official military duties, present during a total of at least 250 days before February 1, 1992, on the grounds of a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or the area identified as K25 at Oak Ridge, Tennessee, if, during such service the veteran:

(i) Was monitored for each of the 250 days of such service through the use of dosimetry badges for exposure at the plant of the external parts of veteran’s body to radiation; or
(ii) Served for each of the 250 days of such service in a position that had exposures comparable to a job that is or was monitored through the use of dosimetry badges; or

(2) Service before January 1, 1974, on Amchitka Island, Alaska, if, during such service, the veteran was exposed to ionizing radiation in the performance of duty related to the Long Shot, Milrow, or Cannikin underground nuclear tests.

(3) For purposes of paragraph (d)(3)(ii)(D)(1) of this section, the term “day” refers to all or any portion of a calendar day.

(E) Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort under section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)).

(iii) The term atmospheric detonation includes underwater nuclear detonations.

(iv) The term onsite participation means:

(A) During the official operational period of an atmospheric nuclear test, presence at the test site, or performance of official military duties in connection with ships, aircraft or other equipment used in direct support of the nuclear test.

(B) During the six month period following the official operational period of an atmospheric nuclear test, presence at the test site or other test staging area to perform official military duties in connection with completion of projects related to the nuclear test including decontamination of equipment used during the nuclear test.

(C) Service as a member of the garrison or maintenance forces on Eniwetok during the periods June 21, 1951, through July 1, 1952, August 7, 1956, through August 7, 1957, or November 1, 1958, through April 30, 1959.

(D) Assignment to official military duties at Naval Shipyards involving the decontamination of ships that participated in Operation Crossroads.

(v) For tests conducted by the United States, the term operational period means:

(A) For Operation TRINITY the period July 16, 1945 through August 6, 1945
(B) For Operation CROSSROADS the period July 1, 1946 through August 31, 1946
(C) For Operation SANDSTONE the period April 15, 1948 through May 20, 1948
(D) For Operation RANGER the period January 27, 1951 through February 6, 1951
(E) For Operation GREENHOUSE the period April 8, 1951 through June 20, 1951
(F) For Operation BUSTER-JANGLE the period October 22, 1951 through December 20, 1951
(G) For Operation TUMBLER-SNAPPER the period April 1, 1952 through June 20, 1952
(H) For Operation IVY the period November 1, 1952 through December 31, 1952
(I) For Operation UPSHOT-KNOTHOLE the period March 17, 1953 through June 20, 1953
(J) For Operation CASTLE the period March 1, 1954 through May 31, 1954
(K) For Operation TEAPOT the period February 18, 1955 through June 10, 1955
(L) For Operation WIGWAM the period May 14, 1955 through May 15, 1955
(M) For Operation REDWING the period May 5, 1956 through August 6, 1956
(N) For Operation PLUMBBOB the period May 28, 1957 through October 22, 1957
(O) For Operation HARDTACK I the period April 28, 1958 through October 31, 1958
(P) For Operation ARGUS the period August 27, 1958 through September 10, 1958
(Q) For Operation HARDTACK II the period September 19, 1958 through October 31, 1958
(R) For Operation DOMINIC I the period April 25, 1962 through December 31, 1962
(S) For Operation DOMINIC II/ PLOWSHARE the period July 6, 1962 through August 15, 1962

(vi) The term occupation of Hiroshima or Nagasaki, Japan, by United States forces means official military duties within 10 miles of the city limits of either Hiroshima or Nagasaki, Japan, which were required to perform or support military occupation functions such as occupation of territory, control of the population, stabilization of the government, demilitarization of the Japanese military, rehabilitation of the infrastructure or deactivation and conversion of war plants or materials.

(vii) Former prisoners of war who had an opportunity for exposure to ionizing radiation comparable to that of veterans who participated in the occupation of Hiroshima or Nagasaki, Japan, by United States forces shall include those who, at any time during the period August 6, 1945, through July 1, 1946:

(A) Were interned within 75 miles of the city limits of Hiroshima or within 150 miles of the city limits of Nagasaki, or

(B) Can affirmatively show they worked within the areas set forth in paragraph (d)(3)(vii)(A) of this section although not interned within those areas, or

(C) Served immediately following internment in a capacity which satisfies the definition in paragraph (d)(3)(vi) of this section, or

(D) Were repatriated through the port of Nagasaki. (Authority: 38 U.S.C. 1110, 1112, 1131)

(e) Disease associated with exposure to certain herbicide agents. If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of §3.307(a)(6) are met even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of §3.307(d) are also satisfied.

AL amyloidosis

Chloracne or other acneform disease consistent with chloracne

Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)

Hodgkin’s disease

Ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal’s angina)

All chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and chronic lymphocytic leukemia)

Multiple myeloma

Non-Hodgkin’s lymphoma

Parkinson’s disease

Acute and subacute peripheral neuropathy

Porphyria cutanea tarda

Prostate cancer

Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)

Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

Note 1: The term soft-tissue sarcoma includes the following:

Adult fibrosarcoma
Dermatofibrosarcoma protuberans
Malignant fibrous histiocytoma
Liposarcoma
Leiomyosarcoma
Epithelioid leiomyosarcoma (malignant leiomyoblastoma)
Rhabdomyosarcoma
Ectomesenchymoma
Angiosarcoma (hemangiosarcoma and lymphangiosarcoma)
Proliferating (systemic) angioendotheliomatosis
Malignant glomus tumor
Malignant hemangiopericytoma
Synovial sarcoma (malignant synovioma)
Malignant giant cell tumor of tendon sheath
Malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid malignant schwannomas
Malignant mesenchymoma
Malignant granular cell tumor
Alveolar soft part sarcoma
Epithelioid sarcoma
Clear cell sarcoma of tendons and aponeuroses
Extraskeletal Ewing’s sarcoma
Congenital and infantile fibrosarcoma
Malignant ganglioneuroma

Note 2: For purposes of this section, the term acute and subacute peripheral neuropathy means transient peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset.

Note 3: For purposes of this section, the term ischemic heart disease does not include hypertension or peripheral manifestations of arteriosclerosis such as peripheral vascular disease or stroke, or any other condition that does not qualify within the generally accepted medical definition of Ischemic heart disease.

[41 FR 55873, Dec. 23, 1976 and 47 FR 11656, Mar. 18, 1982, as amended at 47 FR 54436, Dec. 3, 1982; 49 FR 47003, Nov. 30, 1984; 53 FR 23236, June 21, 1988; 54 FR 26029, June 21, 1989; 57 FR 10426, Mar. 26, 1992; 58 FR 25564, Apr. 27, 1993; 58 FR 29109, May 19, 1993; 58 FR 41636, Aug. 5, 1993; 59 FR 5107, Feb. 3, 1994; 59 FR 25329, May 16, 1994; 59 FR 29724, June 9, 1994; 59 FR 35465, July 12, 1994; 60 FR 31252, June 14, 1995; 61 FR 57589, Nov. 7, 1996; 65 FR 43700, July 14, 2000; 66 FR 23168, May 8, 2001; 67 FR 3615, Jan. 25, 2002; 67 FR 67793, Nov. 7, 2002; 68 FR 42603, July 18, 2003; 68 FR 59542, Oct. 16, 2003; 69 FR 31882, June 8, 2004; 69 FR 60089, Oct. 7, 2004; 70 FR 37040, June 28, 2005; 71 FR 44918, Aug. 8, 2006; 73 FR 30485, May 28, 2008; 73 FR 31753, June 4, 2008; 74 FR 21260, May 7, 2009; 74 FR 44289, Aug. 28, 2009; 75 FR 53216, Aug. 31, 2010; 75 FR 54496, Sept. 8, 2010]


Supplement Highlights references: 7(6, 8), 10(1), 11(1), 12(1,5), 16(3), 24(3), 43(1), 46(2), 50(1), 56(2), 58(1), 60(2), 62(1), 64(1), 67(1). 72(2), 79(2), 80(1), 86(1), 89(1), 92(1).


also see information supplied by Veterans Service Officers of the Texas Veterans Commission on Agent Orange Symptoms

Agent Orange Exposure | Presumptive Service Connection
David Apperson, Veterans Spokesman
Vets Helping Vets

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5.09.2015

Agent Orange Symptoms

The most distinguishing effects of Agent Orange (Dioxin) Poisoning:

a. chloracne
b. liver dysfunction
c. severe personality disorders
d. cancers
e. birth defects

The following is a list of reported Agent Orange symptoms and effects:

Gastrointestinal
loss of appetite (anorexia)
nausea
vomiting
diarrhea
constipation
yellowing of eyes, skin, and urine (Jaundice)
liver inflammation (Hepatitis)
vomiting blood (Hematemesis)
abdominal pain
gastric hyperplasia
gastric ulcers

Genitourinary
stones
burning
bloody urine (Hermaturia)
dribbling
brown urine
bladder discomfort
kidney pain

Neurological
tingling
numbness
dizziness
headaches
twitching, fidgeting, etc. (Automatic dyscontrol)
suspension of breath (sleep apnea)
incoordination
unnaturally
drowsy (Hypersomnolence)
loss of sensation in extremities

Psychiatric
violent
irritable
angry
severe depression
suicide
frenzied (Manic)
tremulous
memory loss
loss of concentration
severe personality changes

Metabolic
fatigue
rapid weight loss
spontaneous fever
chills

Cardiovascular
elevated blood pressure
blood deficiency

Skin
chloracne
rash
increased sensitivity (heat)
increased sensitivity (sun)
altered skin color
loss of hair
brittle nails

Cancer
tumors
liver
lung
testicular
ear duct

Family
miscarriages child's deaths---birth defects
a. cleft palates
b. open eye
c. kidney abnormalities
d. enlarged liver
e. enlarged head
f. club foot
g. intestinal hemmorage h. missing or abnormal fingers, toes
i. missing or abnormal reproductive organs
j. missing, abnormal, or displaced body parts

Endocrine
enlarged male mammary glands (Gynecomastia)
excessive milk flow from nipples (Galactorrhea)
decreased sexual drive
difficulty maintaining and erection

Visual
blurring
burning

Hearing Loss

Respiratory:
difficulty or painful breath (Dyspenea)
shortness of breath

Agent Orange Exposure | Agent Orange Symptoms
David Apperson, Veterans Spokesman
Vets Helping Vets

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5.08.2015

Herbicide Exposure

Agent Orange Exposure / Herbicide Exposure

Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011) Rules and Regulations Pages 4245-4250 From the Federal Register Online via the Government Printing Office [FR Doc No: 2011-1342]
=================================================
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: Final rule.

SUMMARY: This document adopts as a final rule the Department of Veterans Affairs' (VA) proposal to amend VA adjudication, medical, and vocational rehabilitation and employment regulations to incorporate relevant provisions of the Veterans Benefits Act of 2003. Specifically, this document amends VA 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 amends VA's medical regulations by correcting the Health Administration Center's hand-delivery address.

DATES: Effective Date: This final rule is effective February 24, 2011.
Applicability Date: This final rule shall apply to all applications for benefits that are received by VA on or after February 24, 2011 and to all applications for benefits that were pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on February 24, 2011.

FOR FURTHER INFORMATION CONTACT: Thomas Kniffen, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-9366. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: On July 24, 2009, VA published a proposal in the Federal Register (74 FR 36640), to amend its adjudication, medical, and vocational rehabilitation and employment regulations by incorporating relevant provisions from the Veterans Benefits Act of 2003, Public Law 108-183. More specifically, based on Section 102 of the Act, codified at 38 United States Code (U.S.C.) 1821, VA proposed to amend VA regulations regarding herbicide exposure of certain veterans who served in or near the Korean demilitarized zone and regulations regarding spina bifida in such veterans' children.

Additionally, VA proposed to amend medical regulations by correcting the Health Administration Center's hand-delivery address. We provided a 60-day comment period and interested persons were invited to submit comments on or before September 22, 2009. We received five written comments from the public based on the proposed rule. Two of the responses were comments from Vietnam Veterans of America (VVA) and National Veterans Legal Services Program (NVLSP). The remaining three comments were from the general public.

One commenter supported promulgation of the proposed regulation. The commenter asserted approval when stating, ``If passed will be a great help towards helping Korea DMZ Vets with their exposure.'' The commenter later stated: ``This in fact would promote fairness and be beneficial to Vets that served along the DMZ. However, it appears that the new proposed presumption Agent Orange exposure rule, [sic] will not benefit Korea DMZ Veterans that served outside of the 1968/1969 time frame.''

NVLSP also asserted approval of the rule by stating that it ``eliminates the need for the claimant to prove a fact that would be difficult to prove on his or her own* * *such a presumption makes the VA claims adjudication process more efficient by making it easier for VA to decide these claims;'' however, NVLSP also expressed the view that the presumption of exposure set forth in the proposed rule applies to too narrow a period. NVLSP asserted that the period should conform to the statutory window of September 1, 1967 through August 31, 1971, stated in the Veterans Benefits Act of 2003 and that the proposed rule fails to provide for residual exposure to herbicides for periods long after herbicide spraying had ceased.

Similarly, VVA expressed that VA is ``taking a step in the right direction'' by putting ``certain veterans who served in Korea along the Demilitarized Zone (DMZ) on par with veterans who served in Vietnam and were also exposed to herbicides.'' VVA contended that, based on past and current scientific evidence regarding the long-term effects of herbicides, it is clear that herbicides ``can continue to be toxic and hazardous'' long after they are applied, and that veterans who served in Korea along the DMZ after July 1969 and have a condition consistent with exposure to herbicides ``are being left out in the cold.'' VVA stated the view that VA's proposal to limit the period covered by the rule is not supported by scientific and medical evidence.

Based upon these comments, VA has determined that revisions to the proposed rule, which defined the presumed exposure period as the period from April 1, 1968 to July 31, 1969, are necessary in order to adequately reflect the statutory provisions in section 102 of the Veterans Benefits Act of 2003, codified at 38 U.S.C. 1821. Section 1821(c) states, ``[A] veteran of covered service in Korea is any individual, without regard to the characterization of that individual's service, who--(1) Served in the active military, naval, or air service in or near the Korean demilitarized zone [DMZ], as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and (2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to an herbicide agent during such service in or near the Korean demilitarized zone.'' We believe it is reasonable and consistent with the intent of Congress to concede exposure for veterans who served in or near the Korean DMZ after herbicide application ceased, because of the potential for exposure to residuals of herbicides applied in that area. See 149 Cong. Rec. H11705-01 (2003) (noting that in order to account for residual exposure ``it is appropriate to extend the qualifying service period beyond 1969 to account for residual exposure''), see also 149 Cong. Rec. S15133-01 (2003). Therefore, we are changing the presumption ending date of July 31, 1969, to August 31, 1971.

However, we make no change based on NVLSP's comment that the beginning presumption date should be September 1, 1967. Neither the statute nor the legislative history suggests that herbicides were used prior to 1968. See 149 Cong. Rec. H11705-01 (2003) (noting that the Secretary of Defense identified that herbicides were used between 1968 and 1969), see also 149 Cong. Rec. S15133-01 (2003). Furthermore, the statute expressly requires that VA, in consultation with the Department of Defense (DoD), determine whether exposure occurred between September 1, 1967 and August 31, 1971, and thus clearly permits a finding as to whether such exposure could have occurred within that period based on DoD information as to dates of herbicide application. As noted in the proposed rule, DoD has advised that herbicides were applied near the Korean DMZ from April 1968 to July 1969. Therefore, we are revising 38 CFR 3.307(a)(6)(iv) and 3.814(c)(2) to presume herbicide exposure for veterans who served in or near the Korean DMZ between April 1, 1968, the earliest date of potential exposure indicated by DoD, and August 31, 1971, the date identified by Congress. If VA receives evidence that herbicides were used in or near the DMZ from an earlier date, VA may rely on that information in individual cases and may revise the presumption as necessary.

While revising Sec. 3.307(a)(6)(iv) and Sec. 3.814(c)(2), we noted that although the first sentence of Sec. 3.814(c)(2) included the phrase ``in consultation with the Department of Defense'', neither the second sentence nor Sec. 3.307(a)(6)(iv) contained such language.

In order to clarify that VA relies on DoD records to determine whether a unit ``operated in or near the Korean DMZ in an area in which herbicides are known to have been applied'', we have added to the second sentence of Sec. 3.814(c)(2) and to Sec. 3.307(a)(6)(iv) the qualifier ``as determined by the Department of Defense'' after ``in a unit that''. Additionally, although Sec. 3.307(a)(6)(iv) noted that exposure within the cited time frame would be presumed ``unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service,'' Sec. 3.814(c)(2) did not.

Under 38 U.S.C. 1821(c), a person shall be considered to have ``covered service in Korea'' for purposes of providing benefits for spina bifida in such a person's child if VA determines that they were exposed to herbicides in or near the Korean DMZ between certain dates. Where affirmative evidence shows that a person was not exposed to herbicides during such service, the statutory standard would not be met.

Therefore, we are adding the phrase ``unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service'' to Sec. 3.814(c)(2) to clarify that the presumption of exposure may be rebutted.

Another commenter suggested that physical testing be added to the criterion for granting service connection, in order to minimize costs to U.S. taxpayers based on the presumption of herbicide exposure. The commenter stated, ``[I]f [a] veteran served in Vietnam or Korea during the specified time periods, and laboratory testing for indicators of exposure such as abnormally high levels of dioxins, then service connection can be granted on a presumptive basis.'' This comment appears to express concern that a presumption of herbicide exposure based solely on time and location of service may be overly broad. Due to the lapse in time since exposure and the limitations of testing methods, it is not feasible to rely on testing of individual veterans to determine herbicide exposure. As explained above, this rule would presume exposure for veterans who served at the times and places where there was a significant risk of harmful exposure. We believe this approach reasonably balances the concerns identified by the commenter with the purposes of the governing statute and the interests of veterans, their families, and VA. Therefore, we make no change based on this comment.

The final commenter supported the rulemaking, but suggested ``strengthening the evidentiary basis for the presumption of exposure by establishing, in consultation with DoD, a means to determine which veterans assigned to a qualifying unit were indeed active with the unit at the qualifying time and place of presumed exposure.'' The new language in Sec. 3.307(a) (6)(iv) states that a presumption of herbicide exposure shall be presumed ``unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.'' Affirmative evidence to establish that the veteran was not exposed to such agent would include the situations mentioned in the comment where a veteran was on leave or otherwise absent from their unit during the period, as defined in this rule, when exposure would be conceded to have occurred. In practice, VA considers all the evidence of record, and any such determination would be made during the claim adjudication process; therefore, we make no change based on this comment.

Based on the rationale set forth in the proposed rule and this document, we are adopting the provisions of the proposed rule as a final rule with the changes discussed above.

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 could only affect VA beneficiaries and will not affect any small entities. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analysis requirements of Sec. Sec. 603 and 604.

Paperwork Reduction Act

This document contains no provisions constituting a new collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521). The information collection requirements for children of veterans with covered service in Korea are approved by the Office of Management and Budget (OMB) and have been assigned OMB control number 2900-0572. The information collection requirements for veterans with covered service in Korea are approved by OMB and have been assigned OMB control number 2900-0001.

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 final rule have 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. Therefore, the rule was submitted to OMB for review.

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 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 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 final rule 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.

Signing Authority

The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. John R. Gingrich, Chief of Staff, approved this document on September 30, 2010, for publication.

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 record keeping 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 record keeping requirements, Schools, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation.

Dated: January 19, 2011. Robert C. McFetridge, Director, Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs.

For the reasons set out in the preamble, 38 CFR chapter 1 is amended 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 Sec. 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:

Sec. 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 Sec. 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:

Sec. 3.29 Rounding.

(c) * * *

(Authority: 38 U.S.C. 1805(b)(3), 1815(d), 1821, 5312)

4. Amend Sec. 3.31:

a. In the first sentence of the introductory text, 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:

Sec. 3.31 Commencement of the period of payment.
(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5111)

5. Amend Sec. 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:

Sec. 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 Sec. 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:

Sec. 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 Sec. 3.216 by:

a. Adding ``or'' preceding ``a monetary allowance'' in the first sentence.

b. Revising the authority citation at the end of the section.

The revision reads as follows:

Sec. 3.216 Mandatory disclosure of social security numbers.

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

Sec. 3.261 [Amended]

8. Amend Sec. 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 Sec. 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''.

c. Revising the authority citation at the end of the paragraph.

The revisions read as follows:

Sec. 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 Sec. 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:

Sec. 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 Sec. 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:

Sec. 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 Sec. 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:

Sec. 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 Sec. 3.307 by:

a. Adding paragraph (a)(6)(iv).

b. Revising the authority citation at the end of new Sec. 3.307(a)(6)(iv).

The addition and revision read as follows:

Sec. 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) ***

(b) ***

(iv) A veteran who, during active military, naval, or air service, served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense, 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. See also 38 CFR 3.814(c)(2).

(Authority: 38 U.S.C. 501(a), 1116(a)(3), and 1821)

14. Amend Sec. 3.403 by:

a. In paragraph (b), removing ``An award of the monetary allowance'' and adding, in its place, ``Except as provided in Sec. 3.814(e), an award of the monetary allowance''.

b. In paragraph (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 paragraph (b).

d. Revising the authority citation for paragraph (c).

e. Adding paragraph (d) and its authority citation.

f. Removing the authority citation at the end of the section.

The addition and revisions read as follows:

Sec. 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 Sec. 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 Sec. 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:

Sec. 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 Sec. 3.814 by:

a. Revising the section heading.

b. In paragraph (a), first sentence, 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 from the third sentence ``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. Re-designating paragraphs (c)(2) and (3) as (c)(3) and (4) respectively.

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

e. In newly redesignated paragraph (c)(3), 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 paragragh (e) introductory text, 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. Revising the authority citation at the end of the section.
h. Adding a cross reference at the end of the section.

The addition and revisions read as follows:

Sec. 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.

(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 an herbicide agent during such service. Exposure to an herbicide agent will be conceded if the veteran served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.

(Authority: 38 U.S.C. 501, 1805, 1811, 1812, 1821, 1831, 1832, 1833, 1834, 5101, 5110, 5111, 5112)

Cross Reference: 38 CFR 3.307(a)(6)(iv).

17. Amend Sec. 3.815 by revising the authority citation at the end of the section to read as follows:

Sec. 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 Sec. 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 Sec. 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:

Sec. 17.900 Definitions.

Veteran with covered service in Korea for purposes of spina bifida means the same as defined at Sec. 3.814(c)(2) of this title.

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1821, 1831)

21. Amend Sec. 17.901 by:

a. In paragraph (a), first sentence, 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), first sentence, 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 Drive North, 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:

Sec. 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 Sec. 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 Sec. 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:

Sec. 17.902 Pre-authorization.

(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 Sec. 17.903 by revising the authority citation at the end of the section to read as follows:

Sec. 17.903 Payment.

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)

24. Amend Sec. 17.904 by revising the authority citation at the end of the section to read as follows:

Sec. 17.904 Review and appeal process.

(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)

25. Amend Sec. 17.905 by revising the authority citation at the end of the section to read as follows:

Sec. 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 Sec. 21.8010:

a. In paragraph (a) in the definition of ``Eligible child'' by removing ``3.814(c)(2)'' and adding, in its place, ``3.814(c)(3)''.

b. In paragraph (a) in the definition of ``Spina bifida'' by removing ``Sec. 3.814(c)(3)'', and adding, in its place, ``Sec. 3.814(c)(4)''.

c. In paragraph (a), by adding in alphabetical order, the definition of ``Veteran with covered service in Korea''.

d. Revising the authority citation for paragraph (a).

e. Revising the authority citation for paragraph (b).

The addition and revisions read as follows:

Sec. 21.8010 Definitions and abbreviations.

(a) Veteran with covered service in Korea means a veteran defined at Sec. 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 Sec. 21.8012 by:

a. Revising the section heading.

b. Revising the authority citation at the end of the section.

The revisions read as follows:

Sec. 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 Sec. 21.8014 by:

a. In paragraph (a) introductory text, first sentence, 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:

Sec. 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 Sec. 21.8016 by revising the authority citation for paragraphs (a), (b), and (d) to read as follows:

Sec. 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 Sec. 21.8022(b) by revising the authority citation at the end of the paragraph to read as follows:

Sec. 21.8022 Entry and reentry.

(b) ***

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

[FR Doc. 2011-1342 Filed 1-24-11; 8:45 am] BILLING CODE P


Agent Orange Exposure | Agent Orange and Herbicide Exposure
David Apperson, Veterans Spokesman
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