REGULATORY AMENDMENT
3-01-4
Regulation affected: 38 CFR 3309
Effective Date of Regulation: July 9, 2001
Date Secretary Approved Regulation: April 19, 2001
Federal Register Citation: 66 FR 23166
The purpose of the following information on this new VA regulation is
to inform all concerned why it is being promulgated This information is
not regulatory
The Department of Veterans Affairs VA has amended its adjudication
regulations concerning presumptive service connection for certain diseases
for which there is no record during service This amendment is necessary to
implement a decision of the Secretary of Veterans Affairs under the
authority granted by 38 USC 1116 that there is a positive association
between exposure to herbicides used in the Republic of Vietnam during the
Vietnam era and the subsequent development of Type 2 diabetes The intended
effect of this amendment is to establish presumptive service connection for
that condition based on herbicide exposure
Approved: April 19, 2001
Anthony J Principi,
Secretary of Veterans Affairs
For the reasons set forth in the preamble, 38 CFR part 3 is amended as
follows:
PART 3–ADJUDICATION
Subpart A–Pension,
Compensation, and Dependency and Indemnity Compensation
1 The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 USC 501a, unless otherwise noted
2 In Sec 3309, paragraph e, the listing of diseases is amended by
adding Type 2 diabetes also known as Type II diabetes mellitus or adult-
onset diabetes between Chloracne or other acneform disease consistent
with chloracne and Hodgkins disease to read as follows:
Sec 3309 Diseases subject to presumptive service connection
e
Type 2 diabetes also known as Type II diabetes mellitus or adult-onset
diabetes
Authority: 38 USC 501a and 1116
Source:sooilusa.com
