Comment on AN46-Proposed Rule-Carol Mauldin

I am a retired VA employee. I’m afraid that following these regulations to the letter will slow down claims processing for our claimants. I don’t think I have time to submit all the comments I would like to submit but here are some comments in no particular order of importance. 1. 3.159(a)(1). Signature requirement. I thought claimants are now able to submit claims on-line? 2. 3.159(a)(2) and (a)(3). What is a “claim for increase in benefits”? When I worked cases, a “claim for increase” (for compensation) meant either a claim for increase in an SC disability OR it meant a claim for SC or secondary SC for a new condition. Either of these result in an “increase in benefits” or “increased compensation.” In short, the terms “original claim,” “claim for reopening a prior decision on a claim,” and “claim for an increase in benefits” are all ambiguous terms. I realize the terms are statutory but more explanation is needed. 3. 3.159(d)(2)(ii)(A). Must a claimant authorize the VA to obtain relevant records from other federal agencies? 4. 3.159(d)(3)(iii) – this element is ambiguous. (i.e., no claimant is entitled to disability compensation as a matter of law unless he or she has a disability incurred in or aggravated by service or one of the presumptives apply.) 5. 3.159(d)(4)(ii). What should/will the VA do if the claimant responds by asking for more time? Extension? How many extensions? Beyond the one year? 6. 3.160(a)(1)(iv). This paragraph doesn’t make sense in this context. 3.160(a) indicates that paragraph (a) is referring to evidence that a claimant must submit or prove. But par. (a)(i)(iv) is talking about what VA will do? Same comment for pars. (a)(2)(iv), (b)(3), and (c)(4). 7. 3.162(a)(1). This appears inadequate and inconsistent with the parallel paragraph for death pension as another commenter stated. Also it is unclear whether section 3.162 could apply to survivors. (The section just says “improved pension.” Well, there is improved live pension for veterans and improved death pension for survivors. The way it’s written, the section could apply to either.) 8. 3.162(a)(2)(v). Typo. First “are” should be “or”. Also typo in 3.163(b)(2). 9. 3.162(b). IMPORTANT. This paragraph states information must show a “change” in claimant’s income or net worth. Some changes result in decreased rates or terminations. Should this section be construed to mean that a VCAA notice will be required every time a pensioner submits an Eligibility Verification Report (EVR), a medical expense report, or a written report of an income change? This alone would have a huge negative impact on pension claims processing. The VA does not currently do this. This language is not included in 3.163(b)(2) for parents or in 3.163(d) for surviving spouses and is not addressed for child pensioners. 10. 3.162(b)(1)(iv) and 3.163(d)(1)(i)(D). Seems very simplistic and not parallel with 3.163(b)(2)(iii). 11. Why is there a need to send a VCAA notice for accrued benefits? Pars (e)(1) and (e)(2) show that there is nothing that an accrued claimant can submit that would prove the claim. (All evidence must already be of record.) 12. 3.163(e)(3)(ii). As another commenter stated, it can be misleading to refer to veteran’s children. Maybe should say children (as defined in 3.57 – or whatever the correct regulation is; I’ve forgotten.) That is, if VCAA notice for accrued claims is even warranted. Again, doesn’t seem necessary. Thank you for allowing me to comment. Sincerely, Carol Mauldin