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B-332768 1 (2020-12-14)

handle is hein.gao/gaobaeche0001 and id is 1 raw text is: 




G      A     Oi       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC  20548


B-332768


December  14, 2020

The Honorable Jerry Moran
Chairman
The Honorable Jon Tester
Ranking Member
Committee  on Veterans Affairs
United States Senate

The Honorable  Mark Takano
Chairman
The Honorable  Dr. Phil Roe
Ranking Member
Committee  on Veterans Affairs
House  of Representatives

Subject: Department of Veterans Affairs: Schedule for Rating Disabilities: Musculoskeletal
        System and Muscle  Injuries

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 Schedule for Rating
Disabilities: Musculoskeletal System and Muscle Injuries (RIN: 2900-AP88). We received the
rule on December 1, 2020. It was published in the Federal Register as a final rule on
November  30, 2020. 85 Fed. Reg. 76453. The final rule has an effective date of February 7,
2021.

According to VA, the final rule amends VA's Schedule for Rating Disabilities (rating schedule) by
revising the portion of the rating schedule that addresses the musculoskeletal system. VA
stated the purpose of this revision is to ensure that this portion of the rating schedule uses
current medical terminology and provides detailed and updated criteria for the evaluation of
musculoskeletal disabilities.

The Congressional Review Act (CRA)  requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(1). The final rule was published on November 30,
2020. 85 Fed. Reg. 76453.  VA informed us that it was having difficulty sending the final rule to
Congress  due to the ongoing novel coronavirus 2019 pandemic. Email from Regulations
Development  Coordinator, VA, to Senior Staff Attorney, GAO (Dec. 3, 2020). Because of this
difficulty, VA stated it would not be able to submit the final rule to Congress until more normal
operations resume across the federal government. Id. The final rule has an effective date of
February 7, 2021. Because Congress  will not receive the rule until more normal operations
resume, the final rule does not have the required 60-day delay in its effective date.

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