# Sticky  Dept of Veterans Affairs, 38 CFR Part 17 -- Benefits



## ILGHAUS

[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Proposed Rules]
[Pages 35162-35167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14933]

DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AN51

Service Dogs
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.

SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
regulations concerning veterans in need of service dogs. Under current 
regulations, VA provides benefits to veterans with guide dogs, and this 
rulemaking would broaden and clarify those benefits. This rulemaking 
would also implement new benefits related to service dogs.

DATES: Comments must be received by VA on or before August 15, 2011.

SUPPLEMENTARY INFORMATION: Pursuant to 38 U.S.C. 1714(b) and (c), VA 
may provide to veterans enrolled under 38 U.S.C. 1705 guide dogs 
trained for the aid of people who are blind and service dogs trained 
for the aid of the hearing impaired or persons with a spinal cord 
injury or dysfunction or other chronic impairment that substantially 
limits mobility. Under section 1714(d), VA is also authorized to 
provide certain travel expenses related to the provision of such dogs.
In 1961, VA promulgated 38 CFR 17.118(a) (recodified as current 38 
CFR 17.154(a) in 1996) restating the statutory language, which at that 
time limited VA's authority to the provision of guide dogs for blind 
veterans. Under both the statutory and regulatory language VA may 
provide or furnish a guide dog to a veteran but is not required to do 
so. VA interpreted ``provide'' in section 1714 and ``furnished'' in 
Sec. 17.154(a) to mean that VA need not actually purchase or acquire 
dogs for eligible veterans if there is an appropriate alternative. (We 
also note that nothing in 38 U.S.C. 1714 requires VA to provide a dog 
to a disabled veteran--the statutory authority is that we ``may'' do 
so). Accordingly, it has long been VA's policy to apply current Sec. 
17.154(a) by recognizing guide dogs that are obtained by the veteran 
from private (usually non-profit) organizations dedicated to training 
guide dogs. In this manner, we can rely on the professional expertise 
of these organizations without having to house the animals and hire 
trainers. Currently, VA regulations recognize only guide dogs and not 
service dogs. To assist the veteran, VA provides financial assistance 
for veterinary care, and provides hardware required by the dog at no 
cost to the veteran. The provision of travel benefits is authorized by 
current Sec. 17.154(a), and the provision of hardware is authorized by 
current Sec. 17.154(b). This proposed rule would authorize VA to 
provide benefits for

[[Page 35163]]

eligible veterans in need of service dogs, and clearly define the 
benefit.


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## ILGHAUS

In 2001, Congress amended section 1714 to provide that VA may also 
provide service dogs for veterans with other disabilities. See 
Department of Veterans Affairs Health Care Programs Enhancement Act of 
2001, Public Law 107-135 (2001). This rulemaking would implement that 
statutory amendment and would establish a single regulation relating to 
the provision of assistive dogs by VA. In so doing, we would remove 
current Sec. 17.154(a) and establish the criteria proposed in Sec. 
17.148 so that the proposed rule would be the only regulatory authority 
for benefits related to service dogs. As explained below, the proposed 
rule would offer the same travel benefit offered under current Sec. 
17.154(a). The proposed rule would also clarify that VA interprets 
section 1714 as authorizing the provision of veterinary-care benefits 
and would establish a clear procedure for awarding such benefits.
Proposed paragraph (a) would define service dogs as ``guide or 
service dogs prescribed for a disabled veteran under this section.'' 
This rule would provide the same benefit to all eligible veterans, so 
it is unnecessary to distinguish dogs by the services that they 
provide. For example, we do not use the term ``guide dogs'', which 
appears under current 38 CFR 17.154, because for the purposes of this 
rulemaking, veterans who are eligible due to blindness would receive 
the same benefit.
Proposed paragraph (b) would establish the clinical requirements to 
obtain service-dog benefits. First, we would authorize benefits only if 
the veteran is diagnosed as having a visual, hearing, or substantial 
mobility impairment. These requirements incorporate the eligibility 
criteria in section 1714. Second, we would require a clinical 
determination by a VA clinician, which would be based upon the 
clinician's medical judgment that ``it is optimal for the veteran to 
manage such impairment and live independently through the assistance of 
a trained service dog.'' By this, we intend to exclude situations in 
which a VA clinician's medical judgment indicates that there are means 
other than a dog, such as technological devices or rehabilitative 
techniques, which would enable and encourage the veteran to live 
independently. To emphasize this point, we would note that ``_f other 
means (such as technological devices or rehabilitative therapy) will 
provide the same level of independence, then VA will not authorize 
benefits under this section.'' VA does not intend to allow cost or any 
other factors to discourage the use of new technologies and equipment 
to maximize the independence of veterans. We believe that providing VA 
with discretion to choose between a service dog or assistive technology 
based on medical judgment rather than cost-effectiveness would ensure 
that VA's patients receive the highest quality of care that the VA-
system can provide._


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## ILGHAUS

Third, for the purposes of this section, we would define 
substantial mobility impairment as a spinal cord injury or dysfunction 
or other chronic impairment that substantially limits mobility. In 
providing guide-dog benefits, Congress intended to assist a group of 
veterans whose visual impairment prevents them from physically moving 
about in society. In providing service-dog benefits for veterans with 
hearing or spinal cord injuries or other chronic impairment that 
substantially limits mobility, Congress intended to help veterans with 
physical limitations. Both of these benefits increase a veteran's 
overall ability to move independently and safely in his or her home, 
community, or both. However, the statute is silent as to a veteran who 
can see and who does not have an injury that prevents full range of 
motion but who nevertheless cannot move independently and safely in his 
or her home, community, or both. Therefore, we would interpret chronic 
impairment that substantially limits mobility to include, but not be 
limited to, disabilities such as a traumatic brain injury that 
compromises the ability to make appropriate decisions based on 
environmental cues such as traffic lights or a seizure disorder that 
renders a veteran immobile during and after a seizure event.


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## ILGHAUS

In 2009, Congress authorized VA to provide service dogs for the aid 
of persons with mental illnesses by amending section 1714. Although VA 
welcomes the possibility that trained dogs may provide valuable 
services to veterans diagnosed with certain mental illness, at this 
time we do not have any scientific data to determine, from a purely 
clinical standpoint, whether or when service dogs are most 
appropriately provided to veterans with mental illness, including post-
traumatic stress disorder. In the National Defense Authorization Act 
for Fiscal Year 2010, Pub. L. 111-84 (2009), Congress mandated a 3-year 
study on the effectiveness of dogs for mental health purposes. The 
results of this study will help us learn more about the services that 
trained dogs can provide for veterans diagnosed with mental health 
conditions. Upon the completion of the study and analysis of its 
results, VA may revise its regulations in order to provide this service 
to our veterans.


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## ILGHAUS

Proposed paragraph (c) would establish criteria for obtaining a 
service dog recognized under this section for purposes of obtaining 
benefits. Under paragraphs (c)(1) and (2), we would recognize service 
dogs obtained through an organization that is accredited by Assistance 
Dogs International (ADI) or the International Guide Dog Federation 
(IGDF). Proof of completion would be established by a certificate from 
the organization. ADI is an international coalition of nonprofit 
organizations that train and place service dogs. ADI has established an 
accreditation procedure for service dog organizations, setting minimum 
standards for safety and cleanliness of the training facility, fair and 
ethical treatment of clients, proper health care for the dogs, humane 
training methods, screening the suitability of dogs and clients, 
matching dogs and clients, and compliance with all relevant laws. ADI 
does not accredit organizations that provide guide dogs--ADI only does 
so for service-dog organizations that train dogs to perform services 
for individuals with conditions other than blindness. Accreditation of 
guide-dog programs is done by IGDF, with whom ADI has a joint protocol. 
ADI will only accredit guide-dog programs if they are also involved in 
training service dogs, and even then ADI accredits only that portion of 
the training related to service dogs--IGDF accredits the guide-dog 
portion. IGDF does not accredit any non-guide dog programs. IGDF is an 
international coalition of member organizations. IGDF is committed to 
improving the guide dog industry throughout the world and has published 
standards that cover a wide range of activities conducted by guide dog 
organizations, such as organizational structure, fundraising, 
recordkeeping, technical matters relating to dog health and welfare, 
dog and client training, and school facilities.
VA has reviewed ADI's and IGDF's standards thoroughly, and we 
believe that they represent appropriate criteria for training and 
placing guide and service dogs. We are also unaware of any other 
organizations that similarly scrutinize the process of training and 
placing guide or service dogs. We note that there are no Federal 
regulations governing the training of guide or service dogs, and VA 
does not have the expertise, experience, or resources to develop 
independent criteria. Therefore, we would rely on ADI and IGDF 
accreditation to conclude that a dog is qualified and capable of 
performing the tasks that are clinically required by the medical 
determination prescribed under

[[Page 35164]]

proposed paragraph (b)(2), i.e., that the dog will benefit the veteran 
in a way that other assistive means cannot.


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## ILGHAUS

For dogs acquired before the effective date of this rule, we would 
require the veteran to provide a certificate showing that the veteran 
and dog have completed a training course offered by a guide or service 
dog organization in existence before such date. We would limit this 
authority to organizations that existed before the effective date of 
the regulation. The purpose of this paragraph is to ensure that 
veterans who obtained dogs prior to the publication of this regulation, 
but not through ADI or IGDF accredited organizations, would be eligible 
for the benefits prescribed by this regulation. We would allow veterans 
who obtained dogs through such non-accredited organizations up to 1 
year after the effective date of this rule to obtain the required 
certification. Alternatively, the veteran and dog could obtain the 
certification from ADI or IGDF described under proposed paragraph 
(c)(1).


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## ILGHAUS

*Federal Register Final Rule of 2012 Amending Regs on Benefits*

Federal Register
A Rule by the Veterans Affairs Department on 09/05/2012

ACTION Final Rule

SUMMARY The Department of Veterans Affairs (VA) amends its regulations concerning veterans in need of service dogs. Under this final rule, VA will provide to veterans with visual, hearing, or mobility impairments benefits to support the use of a service dog as part of the management of such impairments. The benefits include assistance with veterinary care, travel benefits associated with obtaining and training a dog, and the provision, maintenance, and replacement of hardware required for the dog to perform the tasks necessary to assist such veterans.

UNIFIED AGENDA Guide and Service Dogs

https://www.federalregister.gov/articles/2012/09/05/2012-21784/service-dogs#h-16


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