[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Rules and Regulations]
[Page 68666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33077]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 19
RIN 2900-AI59
Appeals Regulations: Notice of Board of Veterans' Appeals
Decisions
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs' (VA)
Appeals Regulations for appeals to the Board of Veterans' Appeals
(Board) by removing provisions that do not conform to recent
legislation.
EFFECTIVE DATE: December 30, 1996.
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: Section 509 of the Veterans' Benefits
Improvements Act of 1996, Public Law 104-275, Sec. 509, 110 Stat. 3322,
3344, amended 38 U.S.C. 7104(e) to permit the Board to mail copies of
its decision to the claimant's representative or to use any other means
of delivery likely to result in delivery within the same time as would
be expected with mailing by first-class mail. 38 CFR 19.8 previously
reflected the old provisions of 38 U.S.C. 7104(e) that permitted
decision delivery only by mailing. This document removes from Sec. 19.8
material on Board decision delivery that does not conform to the new
legislation and makes nonsubstantive changes to the remaining material
in Sec. 19.8 concerning preservation of claimants' privacy interests in
simultaneously contested claims.
This final rule concerns agency procedure or practice and, pursuant
to 5 U.S.C. 553, is exempt from notice and comment requirements.
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, 5 U.S.C. 601-
612. This rule will affect VA beneficiaries and will not affect small
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is
exempt from the initial and final regulatory flexibility analyses
requirement of sections 603 and 604.
List of Subjects in 38 CFR Part 19
Administrative practice and procedure, Claims, Veterans.
Approved: December 16, 1996.
Jesse Brown,
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).
2. Section 19.8 is revised to read as follows:
Sec. 19.8 Content of Board decision, remand, or order in
simultaneously contested claims.
The content of the Board's decision, remand, or order in appeals
involving a simultaneously contested claim will be limited to
information that directly affects the issues involved in the contested
claim. Appellate issues that do not involve all of the contesting
parties will be addressed in one or more separate written decisions,
remands, or orders that will be furnished only to the appellants
concerned and their representatives, if any.
(Authority: 5 U.S.C. 552a(b), 38 U.S.C. 5701(a))
[FR Doc. 96-33077 Filed 12-27-96; 8:45 am]
BILLING CODE 8320-01-P
