[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Page 27409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12707]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AH38
Examinations
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs (VA)
adjudication regulations to reflect a statutory change which authorizes
VA to accept the report of a private physician's examination that is
otherwise adequate for rating purposes to establish entitlement to
compensation or pension benefits.
EFFECTIVE DATE: This amendment is effective November 2, 1994, the date
that Public Law 103-446, the Veterans' Benefits Improvements Act of
1994, became effective.
FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant,
Regulations Staff (211B), Compensation and Pension Service, Veterans
Benefits Administration, 810 Vermont Avenue NW., Washington, DC 20420,
telephone (202) 273-7210.
SUPPLEMENTARY INFORMATION: On November 2, 1994, the Veterans' Benefits
Improvements Act of 1994 was signed into law. Section 301 of that
statute created 38 U.S.C. 5125, which authorizes the Secretary of
Veterans Affairs to accept the report of a private physician's
examination that is otherwise adequate for rating purposes to establish
entitlement to compensation or pension benefits. This document amends
38 CFR 3.157, 3.326, 3.327, and 3.352 in order to reflect that
statutory authority.
38 CFR 3.157(b)(2) is amended to remove the requirement that a
private physician's statement be confirmed by a VA examination prior to
granting service connection for a disability. 38 CFR 3.326(d) is
amended to show that a private physician's statement may be accepted
for rating any compensation or pension claim as long as it is adequate
for rating purposes. 38 CFR 3.327(b)(1) is amended to remove the
requirement that at least one VA examination be made in every case in
which compensation benefits are awarded. 38 CFR 3.352(b)(1) is amended
to remove the requirement that a veteran's need for the special aid and
attendance benefit under 38 U.S.C. 1114(r) must be determined by a
Department of Veterans Affairs physician.
Administrative Procedure Act
This final rule amends VA regulations merely to reflect statutory
provisions. Accordingly, there is a basis for dispensing with prior
notice and comment and for dispensing with a 30-day delay of the
effective date.
Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities since it merely reflects a
statutory change.
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, Health care,
Individuals with disabilities, Pensions, Veterans.
Approved: May 17, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 3 is amended
as set forth below:
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.
Sec. 3.157 [Amended]
2. In Sec. 3.157, the last sentence in paragraph (b)(2) is removed.
3. In Sec. 3.326, paragraph (d) is revised to read as follows:
Sec. 3.326 Examinations.
* * * * *
(d) A statement from a private physician that includes clinical
manifestations and substantiation of diagnosis by findings of
diagnostic techniques generally accepted by medical authorities, such
as pathological studies, X-rays, and laboratory tests as appropriate,
may be accepted for rating any claim without further examination,
provided it is otherwise adequate for rating purposes.
(Authority: 38 U.S.C. 5125)
Sec. 3.327 [Amended]
4. In Sec. 3.327, the first two sentences in paragraph (b)(1) are
removed.
Sec. 3.352 [Amended]
5. In Sec. 3.352, paragraph (b)(1)(iv) is removed.
[FR Doc. 95-12707 Filed 5-23-95; 8:45 am]
BILLING CODE 8320-01-P
