[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Page 25403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11769]
[[Page 25403]]
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DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0085]
Agency Information Collection Activities Under OMB Review
AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995
(44 U.S.C., 3501 et seq.), this notice announces that the Board of
Veterans' Appeals (BVA), Department of Veterans Affairs, has submitted
the collection of information abstracted below to the Office of
Management and Budget (OMB) for review and comment. The PRA submission
describes the nature of the information collection and its expected
cost and burden; it includes the actual data collection instrument.
DATES: Comments must be submitted on or before June 10, 1999.
FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise
McLamb, Information Management Service (045A4), Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 273-8030
or FAX (202) 273-5981. Please refer to ``OMB Control No. 2900-0085.''
SUPPLEMENTARY INFORMATION:
Titles:
a. Appeal to Board of Veterans' Appeals, VA Form 9.
b. Withdrawal of Services by a Representative.
c. Filing of Representative's Fee Agreements and Motions for Review
of Such Agreements.
d. Motion for Review of Representative's Charges for Expenses.
e. Request for Changes in Hearing Date.
f. Motion for Reconsideration.
OMB Control Number: 2900-0085.
Type of Review: Extension of a currently approved collection.
Abstract
a. VA Form 9 is furnished to an appellant so that he or she has the
information necessary to perfect an appeal from a denial of VA
benefits.
b. When the appellant's representative withdraws from a case,
information must be obtained in order to afford protection to the
appellant and in order for BVA to be able to know who is providing
representational services in each individual case.
c. Agreements for fees charged by individuals or organizations for
representing claimants and appellants before VA are filed with, and
reviewed by, the Board of Veterans' Appeals. The information is used to
afford protection to VA claimants by ensuring that the VA benefits are
not diverted from their intended purpose through overreaching by
unscrupulous representatives and in processing payment of fees from VA
benefits when provided by the agreement.
d. Expense reimbursements claimed by individuals and organizations
for representing claimants and appellants before VA have been monitored
for fairness for many years. The information is used to monitor
representatives' fees for reasonableness and ensure that unreasonable
fees are not charged by claiming such fees under the guise of
``expenses.''
e. VA provides hearings to appellants and their representatives, as
required by basic Constitutional due-process and by Title 38 U.S.C.
7107(b). From time to time, hearing dates and/or times are changed,
hearing requests withdrawn and new hearings requested after failure to
appear at a scheduled hearing. The information is used to comply with
the appellants' or their representatives' requests.
f. Decisions by BVA are final unless the Chairman orders
reconsideration of the decision. The information provided is unique in
each case and must be provided in order for BVA to be aware that
reconsideration is being sought and to inform BVA of the basis of the
request. Failure to obtain the information would result in depriving
appellants of this potential form of relief.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The Federal Register Notice with a
60-day comment period soliciting comments on this collection of
information was published on July 21, 1998 at page 39119.
Affected Public: Individuals or households, Business or other for-
profit, and Not-for-profit institutions.
Estimated Total Annual Burden: 36,837 hours.
a. Appeal to Board of Veterans' Appeals `` 32,500 hours.
b. Withdrawal of Services by a Representative--183 hours.
c. Filing and Motions for Review of fee Agreements--225 hours.
d. Motion for Review of Expenses--4 hours.
e. Request for Changes in Hearing Date--2,374 hours.
f. Motion for Reconsideration--1,550 hours.
Estimated Average Burden Per Respondent
a. Appeal to Board of Veterans' Appeals--1 hour.
b. Withdrawal of Services by a Representative--20 minutes.
c. Fee Agreement--30 minutes (contract modifications), 10 minutes
(basic filing)--2 hours (filing motion or response).
d. Motion for Review of Expenses--2 hours (motion or response to
motion).
e. Request for Changes in Hearing Date--15 minutes (basic
request)--1 hour (requests requiring preparation of a motion).
f. Motion for Reconsideration--1 hour.
Frequency of Response: On occasion.
Estimated Total Number of Respondents: 41,644.
a. Appeal to Board of Veterans' Appeals--32,500.
b. Withdrawal of Services by a Representative--550.
c. Fee Agreement--875.
d. Motion for Review of Expenses--2.
e. Request for Changes in Hearing Date--6,167.
f. Motion for Reconsideration--1,550.
Send comments and recommendations concerning any aspect of the
information collection to VA's OMB Desk Officer, Allison Eydt, OMB
Human Resources and Housing Branch, New Executive Office Building, Room
10235, Washington, DC 20503 (202) 395-4650. Please refer to ``OMB
Control No. 2900-0390'' in any correspondence.
Dated: April 29, 1999.
By direction of the Secretary.
Donald L. Neilson,
Director, Information Management Service.
[FR Doc. 99-11769 Filed 5-10-99; 8:45 am]
BILLING CODE 8320-01-P
