Federal Regulations Significant to Veterans [March 2007]

• Department of Defense Task Force on Mental Health, Sunshine Act Meeting - The Department of Defense (DoD) published a notice in the Federal Register on March 29, 2007, that the Department of Defense Task Force on Mental Health scheduled a meeting for April 16, 2007 in San Antonio, Texas. The purpose of the meeting is to obtain, review, and evaluate information related to the Mental Health Task Force's congressionally-mandated task of assessing the efficacy of mental health services provided to members of the Armed Forces by the Department of Defense. The Task Force members will publicly deliberate on the Elements of the Report outlined by Congress in regards to mental health care delivery to military service members, their families, and veterans. In addition to public deliberations, the Task Force will also conduct administrative sessions.
  DoD Contact: Colonel Roger Gibson, Executive Secretary, Defense Health Board, Skyline One, 5205 Leesburg Pike, Suite 810, Falls Church, Virginia 22041; telephone: (703) 681-3279, extension 123.

• Advisory Committee on CARES Business Plan Studies, Notice of Meeting - The Department of Veterans Affairs (VA) published a notice in the Federal Register on March 29, 2007, that the Advisory Committee on CARES Business Plan Studies will meet on April 17, 2007 at the Montrose VA Medical Center, Montrose, New York.
  The objective of the meeting is for the CARES contractor to present the business plan options, for the VA Montrose and Castle Point campuses, recommended to VA for further study and those selected by VA. The Committee will provide recommendations to the contractor regarding issues to be addressed in the Stage 2 study of the options selected by VA. The agenda will accommodate public commentary on the issues to be addressed in Stage 2 of the CARES study.
  Contact: Jay Halpern, Designated Federal Officer, (CARES), 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-5994; e-mail: jay.halpern@hq.med.va.gov.

• Board of Veterans' Appeals: Supplemental Statement of the Case - Department of Veterans Affairs published a proposed rule in the Federal Register on March 26, 2007, to amend its regulations regarding the time limit for filing a response to a Supplemental Statement of the Case in appeals to the Board of Veterans' Appeals. We propose to change the response period from 60 days to 30 days. The purpose of this change is to improve efficiency in the appeals process and reduce the time that it takes to resolve appeals while still providing appellants with a reasonable period to respond to a Supplemental Statement of the Case.
  Comments Deadline: May 25, 2007.
  Address: Director, Regulations Management (00REG1), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; or on-line through: http://www.Regulations.gov. Comments should indicate that they are submitted in response to ``RIN 2900-AM49--Supplemental Statement of the Case.''
  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.

• Vocational Rehabilitation and Employment Program--Initial Evaluations - The Department of Veterans Affairs (VA) published a final rule in the Federal Register on March 26, 2007, concerning initial evaluations of individuals who apply for vocational rehabilitation and employment benefits. This final rule is intended to reflect changes in law regarding initial evaluations, to reflect VA's interpretation of applicable law and its determinations of procedures appropriate for use in the initial evaluation, and to improve readability.
  Effective Date: April 25, 2007.
  Contact: Mark Hawkins, Vocational Rehabilitation Counselor, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-6923.

• Advisory Committee on Minority Veterans; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on March 23, 2007, that the Advisory Committee on Minority Veterans will meet on April 16 through 19, 2007, in Washington, DC. The agenda will include briefings and updates from the Veterans Health Administration, the Veterans Benefits Administration, Readjustment Counseling Service, CARES, Loan Guaranty Service, Policy and Program Management the National Cemetery Administration, Human Resources Administration, National Veterans Employment Program, VA Strategic Plan, Telehealth, the Center for Women Veterans, seamless transition activities, the Fisher House/Center for the Intrepid, VA Office of Research and Development, homeless veterans programs, the DC National Guard, a panel of OIF/OEFsoldiers from Walter Reed Army Medical Center, and , and the presentation of Certificates of Appointment to five new Committee members.
  Contact: Juanita Mullen, 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; fax: (202) 273-7092; or e-mail at juanita.mullen@va.gov.

• Compensation Cost-of-Living Adjustments for Service-Connected Benefits - The Department of Veterans Affairs published a notice in the Federal Register, on March 23, 2007, of cost-of-living adjustments (COLAs) in certain benefit rates. These COLAs affect the compensation and dependency and indemnity compensation programs.
  Effective Date: December 1, 2006.
  Contact: Pamela Lyric Collier, Program Analyst, Compensation and Pension Service (212A), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-7212.

• Advisory Committee on CARES Business Plan Studies, Notice of Meeting - The Department of Veterans Affairs (VA) published a notice in the Federal Register on March 23, 2007, that the Advisory Committee on CARES Business Plan Studies will meet on April 10, 2007 at the Canandaigua VA Medical Center, Canandaigua, New York.
  The objective of the meeting is to provide the Secretary with advice regarding the final selection of a business planning option to modernize the medial center from those options previously selected by the Secretary for further study. An analysis of the business planning options completed by the VA contractor will be presented for Committee review in preparation for submitting the Committee's final recommendations to VA. The agenda will also accommodate public commentary on the options.
  Contact: Jay Halpern, Designated Federal Officer, (CARES), 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-5994; e-mail: jay.halpern@hq.med.va.gov.

• Veterans' Disability Benefits Commission; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on March 22, 2007, that the Veterans' Disability Benefits Commission will meet in Washington, DC, on April 19 through 20, 2007. The agenda for the meeting will feature updates on the progress of the studies being conducted by the Center for Naval Analyses (CNA) and the Institute of Medicine. The Commission will receive presentations on CNA's preliminary survey results and several draft Issue Papers in various stages of development. There will be additional discussions with CNA on the topic of earned income, employment and compensation. The Commission will also receive comments from interested parties on the research topics approved for study and analysis by the Commission on October 14, 2005, and posted on the Commission's Web site during March 2007 for public comment.
  Veterans' Disability Benefits Commission Website: http://www.vetscommission.org/
  Contact: Ray Wilburn, Executive Director, Veterans' Disability Benefits Commission, 1101 Pennsylvania Avenue, NW, Fifth Floor, Washington, DC 20004; e-mail: veterans@vetscommission.com.

• Schedule for Rating Disabilities; Appendices A, B, and C - The Department of Veterans Affairs published a final rule in the Federal Register on March 20, 2007, to amend the Schedule for Rating Disabilities, Appendices A, B, and C to include all current diagnostic codes. Appendix A is also amended to include all the diagnostic code historical information since the last review.
  Effective Date: April 19, 2007.
  Contact: Trude Steele, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-7210.

• Veterans' Preference - The Office of Personnel Management (OPM) published a final rule in the Federal Register on March 15, 2007, adopting without changes, an interim rule that implemented amendments to veterans' preference as contained in the National Defense Authorization Act for FY 2006. These amendments expanded the definition of a veteran and clarified veterans' preference eligibility for individuals discharged or released from active duty under honorable conditions. The intended effect of the regulatory changes was to conform OPM's regulations to the changes in the veterans' preference laws, to ensure that job-seeking veterans received the preference to which they are entitled.
  Effective date: March 15, 2007.
  OPM Contact: Scott Wilander; telephone: (202) 606-0960; facsimile: (202) 606-0390; TTY: (202) 606-3134; e-mail at: scott.wilander@opm.gov.

• Special and Ancillary Benefits for Veterans, Dependents, and Survivors - The Department of Veterans Affairs (VA) published a proposed rule in the Federal Register on March 9, 2007, to reorganize and rewrite in plain language regulations concerning special and ancillary benefits for veterans, dependents, and survivors. 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: May 8, 2007.
  Address: Director, Regulations Management (00REG1), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; or on-line through: http://www.Regulations.gov. Comments should indicate that they are submitted in response to ``RIN 2900-AL84--Special and Ancillary Benefits for Veterans, Dependents, and Survivors.''
  Contact: William Russo, Director of Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-9515.

• Traumatic Injury Protection Rider to Servicemembers' Group Life Insurance - The Department of Veterans Affairs published a final rule in the Federal Register on March 8, 2007, to adopt with changes a VA interim final rule that implemented section 1032 of Public Law 109-13, the ``Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.'' Section 1032 of Public Law 109-13 established an automatic traumatic injury protection rider to Servicemembers' Group Life Insurance (SGLI) for any SGLI insured who sustains a serious traumatic injury that results in certain losses as prescribed by the Secretary of Veterans Affairs in collaboration with the Secretary of Defense. Section 1032(a) is codified at 38 U.S.C. 1980A. Section 1032(c)(1) of Public Law 109-13 also authorized the payment of this traumatic injury benefit (TSGLI) to members of the uniformed services who incurred a qualifying loss between October 7, 2001, and the effective date of section 1032 of Public Law 109-13, i.e., December 1, 2005, provided the loss was a direct result of injuries incurred in Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). This document modifies Sec. 9.20 of the interim rule to provide that a service member must suffer a scheduled loss within 2 years after a traumatic injury, rather than one year as provided in current Sec. 9.20(d)(4). This document also amends Sec. 9.20(d)(1) to clarify that a service member does not have to be insured under SGLI in order to be eligible for TSGLI based upon incurrence of a traumatic injury between October 7, 2001, and December 1, 2005, if the member's loss was a direct result of injuries incurred in OEF or OIF.
  Effective Date: March 8, 2007.
  Contact: Greg Hosmer, Senior Insurance Specialist/Attorney, Department of Veterans Affairs Regional Office and Insurance Center, P.O. Box 8079, Philadelphia, Pennsylvania 19101; telephone: (215) 842-2000, extension 4280.

• Medical: Informed Consent--Designate Health Care Professionals To Obtain Informed Consent - The Department of Veterans Affairs (VA) published a final rule in the Federal Register, March 8, 2007, to amend VA medical regulations on informed consent. The final rule authorizes VA to designate additional categories of health care professionals to obtain the informed consent of patients or their surrogates for clinical treatment and procedures and to sign the consent form.
  Effective Date: April 9, 2007.
  Contact: Ruth Cecire, PhD, Policy Analyst, National Center for Ethics in Health Care (10E), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 501-2012.

• Establishing a Commission on Care for America's Returning Wounded Warriors and a Task Force on Returning Global War on Terror Heroes - The White House published Executive Order 13426 in the Federal Register on March 8, 2007, to establish the President's Commission on Care for America's Returning Wounded Warriors. The Commission shall be composed of nine members appointed by the President. The President shall designate two Co-Chairs from among the members of the Commission. The mission of the Commission shall be to:
  1. examine the effectiveness of returning wounded service members' transition from deployment in support of the Global War on Terror to successful return to productive military service or civilian society, and recommend needed improvements;
  2. evaluate the coordination, management, and adequacy of the delivery of health care, disability, traumatic injury, education, employment, and other benefits and services to returning wounded Global War on Terror service members by Federal agencies as well as by the private sector, and recommend ways to ensure that programs provide high-quality services;
  3. (i) analyze the effectiveness of existing outreach to service members regarding such benefits and services, and service members' level of awareness of and ability to access these benefits and services, and (ii) identify ways to reduce barriers to and gaps in these benefits and services; and
  4. consult with foundations, veterans service organizations, non-profit groups, faith-based organizations, and others as appropriate, in performing the Commission's functions under subsections (a) through (c) of this section.

• Veterans' Disability Benefits Commission; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on March 7, 2007, that the Veterans' Disability Benefits Commission will meet in Washington, DC, on March 22 through 23, 2007. The agenda for the meeting will feature updates on the progress of the studies being conducted by the Center for Naval Analyses and the Institute of Medicine. The Commission will receive presentations on the application of VA's disability rating schedule and several draft Issue Papers in various stages of development. There will also be a discussion of the format and outline to be used for the Commission's final report. The Commission will also receive comments from interested parties on Research Question 19, ``Pending Claim Ends with Death.''
  Website: http://www.vetscommission.org/
  Contact: Ray Wilburn, Executive Director, Veterans' Disability Benefits Commission, 1101 Pennsylvania Avenue, NW, Fifth Floor, Washington, DC 20004; e-mail: veterans@vetscommission.com.

• Enhanced-Use Lease Development of Property at the Department of Veterans Affairs Medical Center, Dayton, Ohio - The Department of Veterans Affairs published a notice in the Federal Register on March 7, 2007, that the Secretary intends to enter into an enhanced-use lease of approximately 0.6 acres of land and an existing building (Building No. 402) at the VA Medical Center in Dayton, Ohio. The lease would have an initial term of 65 years, and an option to extend such term for 10 additional years. In exchange for and as consideration under the lease, the selected lessee would be required to develop, finance, renovate, construct, manage, maintain, and operate the building as a facility comprised of not less than 27 units, and provide transitional housing and supportive services to homeless individuals within the community. Such housing and supportive services would be provided by the lessee to veterans on a priority basis. As further consideration, VA would receive an annual rent of $5,000 (subject to yearly increases per a HUD fair market rent escalator) plus additional in-kind consideration, such as case management and counseling services, from the lessee during the lease term.
  Contact: William Sexton, Office of Asset Enterprise Management (004B), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-9470.

• Enhanced-Use Lease Development of Property at the Department of Veterans Affairs Medical Center, Butler, Pennsylvania - The Department of Veterans Affairs published a notice in the Federal Register on March 7, 2007, that the Secretary intends to enter into an enhanced-use lease of approximately 0.46 acres including a 6,000-square foot building at the VA Medical Center (VAMC) in Butler, Pennsylvania. The selected lessee would develop, finance, construct, manage, maintain and operate a transitional residential homeless program. The lessee also would be required to provide VA with in-kind consideration consisting of construction and improvement work on the VAMC campus and services relating to shelter, job preparation, and referrals for health care programs needs.
  Contact: Alan Hackman, Office of Asset Enterprise Management (004B), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-5875.

• Enhanced-Use Lease Development of Property at the Department of Veterans Affairs Medical Center, Brecksville, Ohio - The Department of Veterans Affairs published a notice in the Federal Register on March 7, 2007, that the Secretary intends to enter into an enhanced-use lease for the Louis Stokes Cleveland VA Medical Center, Brecksville, Ohio. Under the terms of the enhanced-use lease, the selected lessee/developer would provide the Department with fair consideration in the form of discounted services needed at its Cleveland (Wade Park) campus. Such services would include administrative space and parking services. Additionally, the selected lessee/developer would make domiciliary services available to veterans in a private facility located within operational proximity of Wade Park.
  Contact: Gregg Buckley, Office of Asset Enterprise Management (004B), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; telephone: (202) 273-5518.

• Advisory Committee on Prosthetics and Special Disabilities Programs; Notice of Meeting - The Department of Veterans Affairs published a notice in the Federal Register on March 2, 2007, that the Advisory Committee on Prosthetics and Special Disabilities Programs will meet in Washington, DC on March 20 and 21, 2007. The Committee will be briefed by the Chief of Rehabilitation Service; the Director, Blind Rehabilitation Service; the Chief Consultant, Prosthetics and Clinical Logistics; the Chief Consultant, Spinal Cord Injury and Disorder Service; the Acting Director of Rehabilitation Research and Development Service; and the Director of the Veterans Benefits Administration, Compensation and Pension Service.
  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.

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