[Federal Register Volume 62, Number 195 (Wednesday, October 8, 1997)]
[Rules and Regulations]
[Pages 52502-52503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26613]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 19
RIN 2900-AI50
Appeals Regulations: Remand for Further Development
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document adopts as a final rule amendments to the appeals
regulations of the Board of Veterans' Appeals (Board) of the Department
of Veterans Affairs (VA). The amendments change the circumstances in
which the Board must remand a case to the VA field facility with
original jurisdiction in the case. The changes help avoid unnecessary
remands.
EFFECTIVE DATE: October 8, 1997.
FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Chief Counsel, Board
of Veterans' Appeals, Department of Veterans Affairs, 810 Vermont
Avenue, NW, Washington, DC 20420, (202-565-5978).
SUPPLEMENTARY INFORMATION: On July 3, 1997, VA published in the Federal
Register (62 FR 36038) a proposed rule which would require the Board to
remand a case to the agency of original jurisdiction (``AOJ'') (usually
one of VA's 58 regional offices) when
[[Page 52503]]
additional evidence or clarification of the evidence or correction of a
procedural defect is essential for a proper appellate decision, but
would specify that the Board need not remand a case to clarify
procedural matters before the Board, such as the choice of
representative, the issues on appeal, or requests for hearings before
the Board. The proposed rule would not apply to requests for medical or
legal opinions under 38 CFR 20.901, nor to matters in which the Board
has original jurisdiction under 38 CFR 20.609 (relating to
representatives' fees) and Sec. 20.610 (relating to representatives'
expenses), since those cases, by their terms, do not involve
adjudications by AOJs.
The public was given 30 days to submit comments. VA received no
comments.
Accordingly, based on the rationale set forth in the proposed rule
document, we are adopting without change the provisions of the proposed
rule as a final rule.
Good cause is found for making this final rule effective on
publication. This final rule will help avoid unnecessary remands
without causing adverse effects to claimants.
List of Subjects in 38 CFR Part 19
Administrative practice and procedure, Claims, Veterans.
Approved: September 26, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 19 is amended
as set forth below:
PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS
1. The authority citation for part 19 continues to read as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
2. In subpart A, Sec. 19.9 is revised to read as follows:
Sec. 19.9 Remand for further development.
(a) General. If further evidence or clarification of the evidence
or correction of a procedural defect is essential for a proper
appellate decision, a Member or panel of Members of the Board shall
remand the case to the agency of original jurisdiction, specifying the
action to be undertaken. A remand is not required to clarify procedural
matters before the Board, including appellant's choice of
representative before the Board, the issues on appeal, and requests for
hearings before the Board.
(b) Scope. This section does not apply to:
(1) The Board's requests for opinions under Rule 901 (Sec. 20.901
of this chapter);
(2) The Board's supplementation of the record with recognized
medical treatises; and
(3) Matters over which the Board has original jurisdiction
described in Rules 609 and 610 (sections 20.609 and 20.610 of this
chapter).
(Authority: 38 U.S.C. 7102, 7103(c), 7104(a))
[FR Doc. 97-26613 Filed 10-7-97; 8:45 am]
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