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OGC-96-20 1 (1996-06-06)

handle is hein.gao/gaobablnt0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-271810.8 June 6, 1996 The Honorable Alan K. Simpson Chairman The Honorable John D. Rockefeller IV Ranking Minority Member Committee on Veterans' Affairs United States Senate The Honorable Bob Stump Chairman The Honorable G.V. Montgomery Ranking Minority Member Committee on Veterans' Affairs House of Representatives Subject: Compensation for Disability Resulting from Hospitalization, Treatment, Examination, or Vocational Rehabilitation Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Veterans Affairs (VA), entitled Compensation for Disability Resulting from Hospitalization, Treatment, Examination, or Vocational Rehabilitation (RIN: 2900-AH44). We received the rule on May 21, 1996. It was published in the Federal Register as a final rule on May 23, 1996. 61 Fed. Reg. 25787. This rule adopts, with minor, nonsubstantive changes, an interim rule amending VA adjudication regulations concerning compensation for disability or death resulting from VA hospitalization, medical or surgical treatment, or examination. Before the interim rule, establishing entitlement to compensation for adverse results of medical or surgical treatment required that VA be at fault or that an accident occur. The interim rule, to conform the regulations to a recent United States Supreme Court decision (Brown v. Gardner, 115 S.Ct. 552 (1994)), deleted the fault-or-accident requirement and instead provided that compensation is payable for all but those injuries that are the certain, or very nearly certain, result of properly administered medical treatment to which a veteran consented. (For example, if a veteran had 1024627

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