Federal Regulations Significant to Veterans [September 2006]

• Reasonable Charges for Inpatient DRG (Diagnosis Related Groups) and SNF (Skilled Nursing Facility) Medical Services; 2007 Fiscal Year Update - The Department of Veterans Affairs published a notice in the Federal Register on September 28, 2006, relative to the Department's medical regulations concerning ``reasonable charges'' for medical care or services provided or furnished by VA to a veteran:
  • for a nonservice-connected disability for which the veteran is entitled to care (or the payment of expenses of care) under a health plan contract;
  • for a nonservice-connected disability incurred incident to the veteran's employment and covered under a worker's compensation law or plan that provides reimbursement or indemnification for such care and services; or
  • for a nonservice-connected disability incurred as a result of a motor vehicle accident in a State that requires automobile accident reparations insurance.
  Data for calculating actual charge amounts at individual VA facilities based on these methodologies will either be published in a notice in the Federal Register or will be posted on the Internet site of the Veterans Health Administration Chief Business Office, currently at http://www.va.gov/cbo; fax: (202) 254-0473.
  Effective Date: October 1, 2006.
  Contact: Romona Greene, Chief Business Office (168), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.

• Board of Veterans' Appeals: Clarification of a Notice of Disagreement - Department of Veterans Affairs published a final rule in the Federal Register on September 28, 2006, amending regulations governing appeals to the Board of Veterans' Appeals to clarify the actions an agency of original jurisdiction must take to determine whether a written communication from a claimant that is ambiguous in its purpose is intended to be a Notice of Disagreement with an adverse claims decision.
  Effective Date: October 30, 2006.
  Contact: Steven L. Keller, Senior Deputy Vice Chairman, Board of Veterans' Appeals (01C), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 565-5978.

• Advisory Committee on Minority Veterans; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on September 22, 2006, that the Advisory Committee on Minority Veterans will meet on October 24 through 25, 2006, in Anchorage, Alaska. The agenda will include panel discussions with key staff members from the Alaska VA Health Center Care System, Regional Office, and Fort Richardson National Cemetery on services and benefit delivery challenges, successes and concerns for the Anchorage area veterans; a panel discussion with Native tribal leadership on their concerns, assessments and observations of Alaskan Native veteran's needs; a panel discussion with area Veterans Service Organizations; and a town hall meeting at the Anchorage Marriott Downtown.
  Contact: Juanita Mullen or Renaee Allen, Advisory Committee on Minority Veterans, Center for Minority Veterans (00M), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-6708.

• Advisory Committee on Former Prisoners of War; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on September 22, 2006, that the Advisory Committee on Former Prisoners of War scheduled a meeting on October 16 through 18, 2006, in Chicago, Illinois. The Committee will receive reports from the Veterans Health Administration and the Veterans Benefits Administration. The Committee will also get an update from the Robert E. Mitchell Center for Prisoner of War Studies.
  Contact: Linda Piquet, Compensation and Pension Service (21), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.

• Dependents and Survivors - The Department of Veterans Affairs (VA) published a proposed rule in the Federal Register, September 20, 2006, to reorganize and rewrite in plain language general provisions applicable to its compensation and pension regulations, including those relating to dependents and survivors of veterans and other VA claimants and beneficiaries. These revisions are proposed as part of VA's rewrite and reorganization of all of its compensation and pension rules in a logical, claimant-focused, and user-friendly format. The intended effect of the proposed revisions is to assist claimants and VA personnel in locating and understanding these provisions.
  Comments Deadline: November 20, 2006.
  Address: Director, Regulations Management (00REG1), Department of Veterans Affairs, 810 Vermont Avenue, NW, Room 1068, Washington, DC 20420; or fax comments to (202) 273-9026; or e-mail through: http://www.Regulations.gov. Comments should indicate that they are submitted in response to ``RIN 2900- AL94.''
  Contact: Bob White, Acting Chief, Regulations Rewrite Project (00REG2), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-9515.

• Veterans' Advisory Committee on Education; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on September 19, 2006, that the Veterans' Advisory Committee on Education will meet on October 5 and 6, 2006, in Washington, DC. The Committee sessions will include discussions on recent legislation, a total force GI Bill, remedial education programs and other needs of Iraq War veterans, use of private and corporate funds to support educational programs, and a contract call center.
  Contact: Judith Timko, Designated Federal Officer, Department of Veterans Affairs, Veterans Benefits Administration (225B), 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-7187.

• Advisory Committee on Prosthetics and Special Disabilities Programs; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on September 19, 2006, that the Advisory Committee on Prosthetics and Special Disabilities Programs will meet on October 3 and 4, 2006, 2006, in Washington, DC. The Committee will receive briefings by the Chief Consultant, Rehabilitation Strategic Healthcare Group; Director, Physical Medicine and Rehabilitation; Director of Ophthalmology and Optometry; Chief Prosthetics and Clinical Logistics Officer; and the Chief Research and Development Officer.
  Contact: Cynthia Wade, Designated Federal Officer, Veterans Health Administration, Patient Care Services, Rehabilitation Strategic Healthcare Group (117), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-8485.

• Genomic Medicine Program Advisory Committee; Notice of Establishment - The Department of Veterans Affairs published a notice in the Federal Register on September 19, 2006, that the Genomic Medicine Program Advisory Committee will meet on October 16, 2006 in Washington, DC. The Committee will receive an overview of the VA health care system and electronic medical record, and will be asked to provide insight into optimal ways for VA to incorporate genomic information into its health care program while applying appropriate ethical oversight and protecting the privacy of veterans.
  Contact: Dr. Timothy O'Leary; e-mail: timothy.oleary@va.gov.

• Alaska Native Veteran Allotments - The Bureau of Land Management published a final rule in the Federal Register, September 14, 2006, to amend its regulations governing Alaska Native veteran allotments. The existing regulations allowed certain Alaska Native veterans another opportunity to apply for a Native allotment under the repealed Native Allotment Act of 1906. This final rule will remove the requirement that veteran applicants must have posted the land by marking all corners on the ground with their name and address prior to filing an application with BLM. This change to the regulations will make the processing of Alaska Native veteran allotments more like that of allotments adjudicated under the 1906 act.
  Effective Date: October 16, 2006.
  Bureau of Land Management Contact: Linda Resseguie, Division of Conveyance Management, Bureau of Land Management, 222 West 7th Avenue, 13, Anchorage, Alaska 99513; phone: (907) 271-5422.

• Claims Based on Aggravation of a Nonservice-Connected Disability - The Department of Veterans Affairs published a final rule in the Federal Register on September 7, 2006, to amend adjudication regulations concerning secondary service connection. This amendment is necessary because of a court decision that clarified the circumstances under which a veteran may be compensated for an increase in the severity of an otherwise nonservice-connected condition which is caused by aggravation from a service-connected condition. The intended effect of this amendment is to conform Department of Veterans regulations to the court's decision.
  Contact: Bill Russo, Chief, Regulations Staff, Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-7211.

• Schedule for Rating Disabilities; Guidelines for Application of Evaluation Criteria for Certain Respiratory and Cardiovascular Conditions; Evaluation of Hypertension With Heart Disease - The Department of Veterans Affairs published a final rule in the Federal Register on September 6, 2006, to amend the Schedule for Rating Disabilities by adding guidelines for the evaluation of certain respiratory and cardiovascular conditions and by explaining that hypertension will be evaluated separately from hypertensive and other types of heart diseases.
  Effective Date: October 6, 2006.
  Contact: Maya Ferrandino, Consultant, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-7211.

• New and Material Evidence - The Department of Veterans Affairs published a final rule in the Federal Register on September 6, 2006, amend its rules regarding the reconsideration of decisions on claims for benefits based on newly discovered service records received after the initial decision on a claim. The revision will provide consistency in adjudication of certain types of claims.
  Effective Date: October 6, 2006.
  Contact: Maya Ferrandino, Consultant, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-7211.

• Forfeiture; Correction - The Department of Veterans Affairs (VA) published a notice in the Federal Register on September 5, 2006, to amend its regulations concerning forfeiture of benefit payments and improved pension payments. A review of VAs adjudication regulations revealed a need for clarification and minor typographical errors. This document makes changes to provide clarification and eliminate the errors. The effect of these actions is to clarify the respective regulations.
  Effective Date: September 5, 2006.
  Contact: Trude Steele, Consultant, Compensation and Pension Service, Policy and Regulations Staff, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-7210.

• Advisory Committee on CARES Business Plan Studies, Notice of Meeting - The Department of Veterans Affairs (VA) published a notice in the Federal Register on September 1, 2006, that the Advisory Committee on CARES Business Plan Studies will meet on September 18, 2006 in Brockton, Massachusetts; September 20, 2006 in Lexington, Kentucky; and on September 25, 2006 in Walla Walla, Washington.
  The objectives of the meetings in Brockton, Massachusetts and Lexington, Kentucky are to communicate the Secretary's decision on the specific options to be evaluated and the timeframe for the completion of the studies. Additional presentations will focus on the VA-selected contractor's methodology and tools to evaluate the remaining options. The agendas will also accommodate public commentary on implementation issues associated with each option. Featured agenda items of the meeting in Walla Walla, Washington include a discussion of the summary of the proposed space plan and siting of the new multi-specialty outpatient clinic on the VA Medical Center Walla Walla campus.
  Contact: Jay Halpern, Designated Federal Officer, (00CARES), 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-5994; e-mail: jay.halpern@mail.va.gov.

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