[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Rules and Regulations]
[Pages 43008-43009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21125]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 19 and 20
RIN 2900-AI11
Appeals Regulations, Rules of Practice: Hearings Before the Board
of Veterans' Appeals at Department of Veterans Affairs Field Facilities
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Appeals Regulations for the Board of
Veterans' Appeals (Board) to shorten from 60 days to 30 days the
minimum notice the Department of Veterans Affairs (VA) must give an
appellant of the date and place of a hearing before the Board at a VA
field facility. This change will help reduce the number of ``no shows''
at field hearings.
This document also amends the Board's Rules of Practice to change,
from the initiation of an appeal to the perfection of the appeal, the
event beginning the period during which an appellant may request a
hearing before the Board at a VA field facility. This change would
reduce the number of hearings scheduled for appellants who never
perfect their appeals.
The Board adjudicates appeals of denials of claims for veterans'
benefits.
EFFECTIVE DATE: August 20, 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: Former 38 CFR 19.76 generally required VA to
notify an appellant and his or her representative of the time and place
of a hearing before the Board at a VA field facility at least 60 days
before the hearing. The Board has consistently experienced a high rate
of ``no shows'' at such hearings--sometimes as high as 60 percent--
which we believe is due, at least in part, to the relatively long time
between notice of the hearing and the hearing. VA believes that 30
days' notice to appellants and their representatives is sufficient and
may help reduce the rate of ``no shows'' at field hearings. We have
therefore changed Sec. 19.76 accordingly.
Former 38 CFR 20.703 permitted an appellant to request a hearing
before the Board at a VA field facility any time after filing a notice
of disagreement, which initiates an appeal to the Board. A substantive
appeal (VA Form 9) must be filed to perfect an appeal. 38 CFR 20.200.
Historically, fewer than 65% of VA claimants who initiated an appeal
perfected it. By allowing an appellant to request a hearing before
perfecting the appeal, VA expended resources scheduling hearings for
appellants who never perfected their appeals. We therefore have changed
Sec. 20.703 to permit an appellant to request a hearing before the
Board at a field facility only when or after filing a substantive
appeal.
This final rule concerns agency procedure or practice and,
consequently, 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
requirements of sections 603 and 604.
List of Subjects
38 CFR Part 19
Administrative practice and procedure, Claims, Veterans.
38 CFR Part 20
Administrative practice and procedure, Claims, Lawyers, Legal
services, Veterans.
Approved: June 28, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR parts 19 and 20 are
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).
Subpart D--Hearings Before the Board of Veterans' Appeals at
Department of Veterans Affairs Field Facilities
Sec. 19.76 [Amended]
2. Section 19.76 is amended by removing ``60 days'' each time it
appears and adding, in its place, ``30 days''.
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
3. The authority citation for part 20 continues to read as follows:
Authority: 38 U.S.C. 501(a).
[[Page 43009]]
Subpart H--Hearings on Appeal
4. Section 20.703 is revised to read as follows:
Sec. 20.703 Rule 703. When a hearing before the Board of Veterans'
Appeals at a Department of Veterans Affairs field facility may be
requested.
An appellant, or an appellant's representative, may request a
hearing before the Board of Veterans' Appeals at a Department of
Veterans Affairs field facility when submitting the substantive appeal
(VA Form 9) or anytime thereafter, subject to the restrictions in Rule
1304 (Sec. 20.1304 of this part). Requests for such hearings before a
substantive appeal has been filed will be rejected.
(Authority: 38 U.S.C. 7105(a), 7107)
[FR Doc. 96-21125 Filed 8-19-96; 8:45 am]
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