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B-335785 Dec 06, 2023 1 (2023-12-06)

handle is hein.gao/gaopoz0001 and id is 1 raw text is: 




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


B-335785


December  6, 2023

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

The Honorable Mike Bost
Chairman
The Honorable Mark Takano
Ranking Member
Committee on Veterans' Affairs
House  of Representatives

Subject: Department of Veterans Affairs: Reevaluation of Claims for Dependency and
        Indemnity Compensation

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 Reevaluation of Claims
for Dependency and Indemnity Compensation (RIN: 2900-AR76). We  received the rule on
November  24, 2023. It was published in the Federal Register as a final rule on November 24,
2023. 88 Fed. Reg. 82261. The effective date is January 23, 2024.

The final rule, according to VA, amends adjudication regulations concerning certain awards of
Dependency  and Indemnity Compensation (DIC). VA stated that relevant claimants will be
eligible to elect to have certain previously denied DIC claims reevaluated pursuant to changes
that establish or modify a presumption of service connection. Further, VA stated any award as
a result of the reevaluation may be made retroactive as if the establishment or modification of
the presumption of service connection had been in effect on the date of the submission of the
original claim. Last, VA stated that the rule incorporates legislative changes enacted by the
Sergeant First Class Health Robinson Honoring our Promise to Address Comprehensive Toxics
Act of 2022, Pub. L. No. 117-168, 136 Stat. 1759 (Aug. 10, 2022), and will bring federal
regulations into conformance with those changes.

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)(A). This final rule was published in the Federal
Register on November 24, 2023. 88 Fed. Reg. 82261. The Congressional Record does not
reflect the date of receipt by the House of Representatives or the Senate. However, VA
provided documentation reflecting that the House of Representatives and the Senate received
the rule on November 29, 2023. Email from Director, Office of Regulation Policy and
Management,  Office of the Secretary, VA, to Senior Attorney, GAO, Subject: Seeking

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