[Federal Register Volume 61, Number 214 (Monday, November 4, 1996)]
[Rules and Regulations]
[Page 56626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28039]
[[Page 56626]]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AH51
Evidence of Dependents and Age
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs (VA)
adjudication regulations concerning the evidence required to establish
marriage, dissolution of marriage, birth of a child, and death of a
family member. This amendment implements a provision of the ``Veterans'
Benefits Improvements Act of 1994,'' which authorizes the Secretary to
accept the written statement of a claimant as proof of the existence of
these relationships. This amendment is intended to facilitate proof of
the existence of these relationships.
EFFECTIVE DATE: November 4, 1996.
FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, 810 Vermont Avenue, NW., Washington, DC 20420,
telephone (202) 273-7230.
SUPPLEMENTARY INFORMATION: Section 301 of the ``Veterans' Benefits
Improvements Act of 1994,'' Pub. L. 103-446, authorizes the Secretary
to accept the written statement of a claimant as proof of the existence
of the following relationships between the claimant and another person:
marriage, dissolution of marriage, birth of a child, and the death of
any family member. The statute further authorizes the Secretary to
require documentation in support of the claimant's statement if: (1)
The claimant does not reside within a State; (2) the claimant's
statement on its face raises a question of its validity; (3) there is
conflicting information of record; or (4) there is a reasonable
indication, in the claimant's statement or otherwise, of fraud or
misrepresentation. In the Federal Register of May 17, 1996 (61 FR
24910-11), VA published a proposal to amend 38 CFR 3.204 and 3.213 to
allow the Secretary to exercise this discretionary authority.
Interested persons were invited to submit written comments on or before
July 16, 1996. No comments were received. The information presented in
the proposed rule document still provides a basis for this final rule.
Therefore, based on the rationale set forth in the proposed rule
document, we are adopting the provisions of the proposed rule as a
final rule without change.
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This
final rule will not directly affect small entities. Only VA
beneficiaries will be directly affected. Therefore, pursuant to 5
U.S.C. 605(b), this final rule is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
This regulatory action has been reviewed by the Office of
Management and Budget under Executive Order 12866, Regulatory Planning
and Review, dated September 30, 1993.
The Catalog of Federal Domestic Assistance program numbers are
64.104, 64.105, 64.109, and 64.110.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Veterans, Vietnam.
Approved: October 22, 1996.
Jesse Brown,
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 U.S.C. 501(a), unless otherwise noted.
2. In Sec. 3.204, the section heading is revised; paragraphs (a)
and (b) are redesignated as paragraphs (b) and (c), respectively; and a
new paragraph (a) is added to read as follows:
Sec. 3.204 Evidence of dependents and age.
(a)(1) Except as provided in paragraph (a)(2) of this section, VA
will accept, for the purpose of determining entitlement to benefits
under laws administered by VA, the written statement of a claimant as
proof of marriage, dissolution of a marriage, birth of a child, or
death of a dependent, provided that the statement contains: the date
(month and year) and place of the event; the full name and relationship
of the other person to the claimant; and, where the claimant's
dependent child does not reside with the claimant, the name and address
of the person who has custody of the child. In addition, a claimant
must provide the social security number of any dependent on whose
behalf he or she is seeking benefits (see Sec. 3.216).
(2) VA shall require the types of evidence indicated in Secs. 3.205
through 3.211 where: the claimant does not reside within a state; the
claimant's statement on its face raises a question of its validity; the
claimant's statement conflicts with other evidence of record; or, there
is a reasonable indication, in the claimant's statement or otherwise,
of fraud or misrepresentation of the relationship in question.
(Authority: 38 U.S.C. 5124)
* * * * *
Sec. 3.204 [Amended]
3. In Sec. 3.204, newly redesignated paragraph (b) is amended by
removing the first sentence and adding in its place ``The classes of
evidence to be furnished for the purpose of establishing marriage,
dissolution of marriage, age, relationship, or death, if required under
the provisions of paragraph (a)(2), are indicated in Secs. 3.205
through 3.211 in the order of preference.''.
Sec. 3.213 [Amended]
4. In Sec. 3.213, paragraph (a) introductory text is amended by
removing the first sentence and adding in its place ``For the purpose
of establishing entitlement to a higher rate of pension, compensation,
or dependency and indemnity compensation based on the existence of a
dependent, VA will require evidence which satisfies the requirements of
Sec. 3.204.''.
5. Each Cross Reference following Secs. 3.205, 3.206, 3.207, 3.208,
3.209, 3.210, 3.211, 3.212, and 3.214, is amended by removing
``Evidence other than evidence of service.'' wherever it appears and
adding in its place ``Evidence of dependents and age.''.
6. The Cross Reference following Sec. 3.213 is amended by removing
``Evidence other than evidence of services.'' and adding in its place
``Evidence of dependents and age.''.
[FR Doc. 96-28039 Filed 11-1-96; 8:45 am]
BILLING CODE 8320-01-P
