[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Pages 67949-67950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32726]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AI43
Adjudication Regulations; Miscellaneous
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends adjudication regulations by removing
obsolete sections, updating authority citations, and making other
nonsubstantive changes.
EFFECTIVE DATE: December 26, 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: 38 CFR 3.107 contains requirements for
processing benefit awards where claims have not been filed by or on
behalf of all dependents who may be entitled to monetary benefits. The
heading of Sec. 3.107, ``Awards where all dependents do not apply'',
does not accurately reflect its content and we are revising it to read
``Awards where not all dependents apply''.
38 CFR 3.315(c)(1) (i) and (ii) require basic eligibility
determinations under certain circumstances when veterans apply for
education benefits under 38 U.S.C. Chapter 34 and Chapter 32,
respectively. Since 38 U.S.C. Chapter 34 expired on December 31, 1989,
Sec. 3.315(c)(1)(i) is obsolete and we have removed it. The last date
that a veteran seeking benefits under 38 U.S.C. Chapter 32 could have
entered active duty and not have the two-year service requirement found
in 38 U.S.C. 5303A apply was October 16, 1981. If such a veteran also
did not meet the 181-day service requirement, that veteran would have
been released from active duty before April 16, 1982, and, if found
eligible for benefits under 38 U.S.C. Chapter 32, would have had the
period of eligibility expire ten years from the date of release from
active duty, or no later than April 16, 1992. If such a veteran made a
current application for chapter 32 educational benefits, there would be
no need for rating board referral in order to adjudicate that claim.
Section 3.315(c)(1)(ii) is therefore obsolete and we have removed it.
The references in Sec. 3.315(c)(4) to Post-Korean and Vietnam era
service were needed to administer Sec. 3.315(c)(1)(i). Since
Sec. 3.315(c)(1)(i) has been removed,
[[Page 67950]]
there is no longer any need in Sec. 3.315(c)(4) to refer to service
between January 31, 1955, and August 5, 1964, and during the Vietnam
era. We have revised Sec. 3.315(c)(4) accordingly. As there is no
longer any need to refer to 38 U.S.C. 3452(a) in the authority citation
following Sec. 3.315(c), we have removed that reference. Also, that
authority citation contains an incorrect reference to ``10 U.S.C.
2133(b)''. The correct reference is ``10 U.S.C. 16133(b)'', and we have
revised the reference accordingly. Sections 3.315(c)(3)(i) and
3.1000(g) contain incorrect references to ``10 U.S.C. Chapter 106''.
The correct reference is ``10 U.S.C. Chapter 1606'', and we have
revised the references accordingly.
38 CFR 3.400(d) is being deleted because it merely restates a
statute and its provisions have become obsolete.
When the Social Security Administration (SSA) has notified the
Department of Veterans Affairs (VA) that payments to any individual
have been authorized pursuant to section 217(b)(2) of the Social
Security Act (42 U.S.C. 417(b)(2)), 38 CFR 3.709 requires VA to notify
SSA of any determination that death pension, compensation, or
dependency and indemnity compensation is payable to any dependent of
the veteran. Section 5117 of Pub. L. 101-508 revised 42 U.S.C.
417(b)(2) so that it applied only to individuals applying for SSA
benefits before the end of the 18-month period after the month in which
Pub. L. 101-508 was enacted. Since that 18-month period expired on June
1, 1992, 38 CFR 3.709 is obsolete and we have removed it.
38 CFR 3.712(a) concerns the election of improved pension by
Spanish-American War veterans. However, there are no Spanish-American
War veterans currently receiving monetary benefits from VA.
Consequently, Sec. 3.712(a) is no longer required and is removed. Since
the remainder of Sec. 3.712 concerns surviving spouses only, we have
revised the heading to read ``Improved pension elections; surviving
spouses of Spanish-American War veterans'', and redesignated paragraphs
(b)(1) and (b)(2) as paragraphs (a) and (b), respectively.
Pub. L. 95-588 completely revised the statutory framework for VA
pension benefits effective January 1, 1979. 38 CFR 3.961 states that
pension claims pending on December 31, 1978, will be adjudicated under
title 38 U.S.C. as in effect on December 31, 1978, and that pension
claims filed after December 31, 1978, will be adjudicated under title
38 U.S.C. as in effect on January 1, 1979 or thereafter. 38 CFR 3.962
states that claims filed after December 31, 1978, will generally be
adjudicated under title 38 U.S.C. as in effect on December 31, 1978, if
entitlement is based on permanent and total disability that existed or
death that occurred prior to January 1, 1979.
Since such claims have long since been adjudicated, Secs. 3.961 and
3.962 are obsolete and we have removed them.
This final rule makes nonsubstantive changes. Accordingly, this
final rule is promulgated without regard to the notice-and-comment and
effective-date provisions of 5 U.S.C. 553.
Because no notice of proposed rulemaking was required in connection
with the adoption of this final rule, no regulatory flexibility
analysis is required under the Regulatory Flexibility Act (5 U.S.C.
601-612). Even so, the Secretary hereby certifies that this final rule
will not have a significant economic impact on a substantial number of
small entities as they are defined in the Regulatory Flexibility Act.
The final rule only makes nonsubstantive changes.
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: November 21, 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. 3.107, the section heading is revised to read as
follows:
Sec. 3.107 Awards where not all dependents apply.
* * * * *
Sec. 3.315 [Amended]
3. In Sec. 3.315, remove paragraphs (c)(1)(i) and (c)(1)(ii) are
removed, and paragraphs (c)(1)(iii) and (c)(1)(iv) are redesignated as
paragraphs (c)(1)(i) and (c)(1)(ii), respectively. Paragraph (c)(3)(i)
is amended by removing ``10 U.S.C. chapter 106'' and adding, in its
place, ``10 U.S.C. Chapter 1606''; and paragraph (c)(4) is amended by
removing ``after January 31, 1955, and before August 5, 1964, or after
May 7, 1975, and Sec. 3.306(b) based on service rendered during the
Vietnam era'' and adding, in its place, ``after May 7, 1975''; and the
authority citation following paragraph (c)(4) is revised to read as
follows:
Sec. 3.315 Basic eligibility determinations; dependents, loans,
education.
* * * * *
(Authority: 38 U.S.C. 3011(a)(1)(A)(ii), 3012(b)(1), 3202(1)(A), 10
U.S.C. 16133(b))
Sec. 3.400 [Amended]
4. In Sec. 3.400 paragraph(d) is removed.
Sec. 3.709 [Removed]
5. Section 3.709 is removed.
Sec. 3.712 [Amended]
6. In Sec. 3.712, paragraph (a) and the heading for paragraph (b)
are removed, paragraphs (b)(1) and (b)(2) are redesignated as
paragraphs (a) and (b), respectively; the section heading is revised to
read as follows:
Sec. 3.712 Improved pension elections; surviving spouses of Spanish-
American War veterans.
* * * * *
Sec. 3.961 [Removed]
7. Section 3.961 is removed.
Sec. 3.962 [Removed]
8. Section 3.962 is removed.
Sec. 3.1000 [Amended]
9. In Sec. 3.1000, paragraph(g) is amended by removing ``10 U.S.C.
chapter 106'', and adding, in its place, ``10 U.S.C. chapter 1606''.
[FR Doc. 96-32726 Filed 12-24-96; 8:45 am]
BILLING CODE 8320-01-P
