[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Rules and Regulations]
[Pages 33579-33580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16363]
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DEPARTMENT OF VETERANS AFFAIRS
Board of Veterans' Appeals
38 CFR Part 20
RIN 2900-AI87
Board of Veterans' Appeals: Rules of Practice--Continuation of
Representation Following Death of a Claimant or Appellant
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Rules of Practice of the Board of
Veterans' Appeals (Board) to eliminate a rule which automatically
assigns a deceased appellant's representative to the appellant's
survivor. This change is necessary because of a court ruling which
eliminates the need for such a provision.
DATES: Effective Date: July 20, 1998.
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 October 23, 1997, VA published in the
Federal Register (62 FR 55200) a proposed rule which would eliminate a
provision in the Board's Rules of Practice--Rule 611 (38 CFR 20.611)--
permitting a deceased appellant's representative to continue to act
with respect to any appeal pending upon the death of the appellant. We
proposed this change because the U.S. Court of Veterans Appeals had
ruled that, generally, a claim for benefits does not survive the death
of the claimant. Smith (Irma) v. Brown, 10 Vet. App. 330 (1997).
The public was given 60 days to submit comments. VA received no
comments.
Accordingly, based on the rationale set forth in the proposed rule
document,
[[Page 33580]]
we are adopting without change the provisions of the proposed rule as a
final rule.
The Secretary hereby certifies that this proposed 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 only the processing of claims by
VA 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 requirements of Secs. 603 and 604. In
addition, since no notice of proposed rule making is 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 et seq.).
List of Subjects in 38 CFR Part 20
Administrative practice and procedure, Claims, Veterans.
Approved: April 6, 1998.
Togo D. West, Jr.,
Acting Secretary.
For the reasons set out in the preamble, 38 CFR part 20 is amended
as set forth below.
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
1. The authority citation for part 20 continues to read as follows:
Authority: 38 U.S.C. 501(a).
Sec. 20.611 [Removed]
2. In subpart G, Sec. 20.611 is removed.
[FR Doc. 98-16363 Filed 6-18-98; 8:45 am]
BILLING CODE 8320-01-P
