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B-333496 Aug 18, 2021 1 (2021-08-18)

handle is hein.gao/gaomda0001 and id is 1 raw text is: 1 U.S. GOVERNMENT ACCOUNTABILITY OFFICE G A O A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-333496 August 18, 2021 The Honorable Jon Tester Chairman The Honorable Jerry Moran Ranking Member Committee on Veterans' Affairs United States Senate The Honorable Mark Takano Chairman The Honorable Mike Bost Ranking Member Committee on Veterans' Affairs House of Representatives Subject: Department of Veterans Affairs: Presumptive Service Connection for Respiratory Conditions Due to Exposure to Particulate Matter 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 Presumptive Service Connection for Respiratory Conditions Due to Exposure to Particulate Matter (RIN: 2900- AR25). We received the rule on August 5, 2021. It was published in the Federal Register as an interim final rule on August 5, 2021. 86 Fed. Reg. 42724. The effective date is August 5, 2021. According to VA, it is issuing this interim final rule (IFR) to amend its adjudication regulations to establish presumptive service connection for three chronic respiratory health conditions (asthma, rhinitis, and sinusitis) to include rhinosinusitis, in association with presumed exposures to fine, particulate matter. VA stated that these presumptions would apply to veterans with a qualifying period of service, that is those who served on active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War (hereafter Gulf War), as well as in Afghanistan, Syria, Djibouti, or Uzbekistan, on or after September 19, 2001, during the Gulf War. VA also stated that this amendment is necessary to provide expeditious health care, services, and benefits to Gulf War Veterans who were potentially exposed to fine, particulate matter associated with deployment to the Southwest Asia theater of operations, as well as Afghanistan, Syria, Djibouti, and Uzbekistan. VA stated further that the intended effect of this amendment is to address the needs and concerns of Gulf War Veterans and service members who have served and continue to serve in these locations as military operations in the Southwest Asia theater of operations have been ongoing from August 1990 until the present time. According to VA, neither Congress nor the President has established an end date for the Gulf War. Therefore, VA stated, to provide immediate health care, services, and benefits to current and future Gulf War Veterans who may be affected by particulate matter due to their military service, it intends to provide presumptive service connection for the chronic disabilities of asthma, rhinitis, and sinusitis, to include rhinosinusitis, as well as a presumption of exposure to fine, particulate matter. VA asserts this will ease the evidentiary burden of Gulf War Veterans

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