[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Proposed Rules]
[Pages 39580-39581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16163]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AJ55


Certification of Evidence for Proof of Service

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Department of Veterans 
Affairs (VA) adjudication regulations concerning the nature of evidence 
that VA will accept as proof of military service. Currently, VA will 
only accept original service documents or copies of service documents 
issued by the service department or by a public custodian of records. 
This change would authorize VA to accept photocopies of service 
documents as evidence of military service if they are certified to be 
true copies of documents acceptable to VA by an accredited agent, 
attorney, or service organization representative who has successfully 
completed VA-prescribed training on military records. The intended 
effect of this amendment is to streamline the processing of claims for 
benefits.

DATES: Comments must be received on or before August 28, 2000.

ADDRESSES: Mail or hand deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW., Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to ``<a href="/cdn-cgi/l/email-protection#07484044556260726b66736e686974476a666e6b29716629606871"><span class="__cf_email__" data-cfemail="1e51595d4c7b796b727f6a7771706d5e737f777230687f30797168">[email protected]</span></a>''. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AJ55.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Bill Russo, Regulations Staff, 
Compensation and Pension Service, Veterans Benefits Administration, 810 
Vermont Avenue, NW., Washington, DC 20420, telephone (202) 273-7210.

SUPPLEMENTARY INFORMATION: The cornerstone of eligibility to VA 
benefits is active military, naval or air service. VA regulations at 38 
CFR 3.203 establish the nature of the evidence VA will accept as proof 
of active military service. In general, those regulations require 
original service documents; VA will accept copies of those documents 
only if the copies are issued by the military service department or by 
a public custodian of records.
    VA has initiated a business process reengineering (BPR) effort to 
improve the adjudication of claims for VA benefits. Two goals of this 
BPR effort are to establish a partnership with VA accredited 
representatives and to improve the timeliness of claims processing. 
Therefore, VA proposes to accept copies of discharge documents as 
evidence of military service, if they are certified as being true and 
exact copies of the originals by an accredited agent, attorney, or 
service organization representative who has successfully completed VA-
prescribed training on military records.
    We propose to amend 38 CFR 3.203 to allow VA to accept photocopies 
of service documents as proof of service if they are certified by a 
claimant's representative who has successfully completed VA-prescribed 
training on military records, to be true copies of the original 
documents. This proposed amendment will help streamline claims 
processing because it will reduce the number of instances where VA must 
seek verification of military service from the service department. We 
believe this can be done without compromising program integrity.
    Under this proposed amendment, the claimant's representative must 
certify that the document is a true and exact copy either of an 
original document or of a copy issued by the service department or a 
public custodian of records.
    However, under the amendment, VA would accept such certification 
only from VA accredited representatives who have successfully completed 
VA-prescribed training. These are representatives who, under the 
authority of 38 U.S.C. 5902 and 5904 and 38 CFR 14.626-14.629, the 
Secretary has authorized to prepare, present, and prosecute claims 
under laws administered by VA. Specifically, this includes accredited 
agents, attorneys, or accredited representatives of service 
organizations recognized by VA.
    The Secretary hereby certifies that the adoption of the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 601-612.

[[Page 39581]]

The proposed rule would not directly affect any small entities. Only VA 
beneficiaries could be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), these amendments are exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.

(The Catalog of Federal Domestic Assistance program numbers are 
64.100, 64.101, 64.104, 64.105, 64.106, 64.109, 64.110, and 64.127.)

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: June 14, 2000.
Togo D. West, Jr.,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR Part 3 is 
proposed to be amended as follows:

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. 3.203  [Amended]

    2. In Sec. 3.203, paragraph (a)(1) is revised by adding ``or, if 
the copy was submitted by an accredited agent, attorney, or service 
organization representative who has successfully completed VA-
prescribed training on military records, and who certifies that it is a 
true and exact copy of either an original document or of a copy issued 
by the service department or a public custodian of records;'' after 
``custody;''.

[FR Doc. 00-16163 Filed 6-26-00; 8:45 am]
BILLING CODE 8320-01-P


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