31264 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Notices

educational institution. Effective Date:

March 19, 1998.

VAOPGCPREC 4–98

Question Presented

Does 38 U.S.C. § 2305 have any

application in claims for burial benefits

involving veterans who served in the

organized military forces of the

Commonwealth of the Philippines while

such forces were in the service of the

United States Armed Forces during

World War II?

Held

The saving provision currently

codified at 38 U.S.C. § 2305 preserved

potential eligibility for burial benefits

under chapter 23 of title 28, United

States Code, for individuals who could

have qualified for those benefits under

‘‘the laws in effect on December 31,

1957.’’ The statute governing benefits

eligibility based upon service in the

Philippine Commonwealth Army in

World War II that was in effect on that

date did not confer potential eligibility

for burial benefits for individuals with

such service. Consequently, section

2305 has no application in claims for

burial benefits based on service in the

Philippine Commonwealth Army during

World War II. Effective Date: April 1,

1998

VAOPGCPREC 5–98

Questions Presented

a. What is the proper disposition of

funds derived from Department of

Veterans Affairs (VA) benefits and held

by a legal custodian, when a beneficiary

dies intestate but with known heirs?

b. Does VA have a legal duty to

supervise estate assets derived from VA

benefits and in the hands of a legal

custodian, after the death of the

beneficiary?

c. Does VA have authority to

distribute a deceased beneficiary’s estate

assets, derived from VA benefit

payments, and, if so, how should the

distribution be made?

Held

When a veteran or other VA

beneficiary dies without a will but with

known heirs, VA-derived funds held by

a legal custodian should be distributed

by an appropriate estate administrator

in accordance with applicable state law

governing intestate succession. VA is

not authorized to recover such funds

and distribute them to the beneficiary’s

heirs. Generally, VA is authorized to

supervise the estate only to the extent

necessary to assure that the fiduciary

fulfilled his or her responsibilities to the

beneficiary and to assure preservation of

assets which may be reclaimed by the

Government pursuant to 38 U.S.C.

§ 5502(e).

Effective Date: April 2, 1998.

VAOPGCPREC 6–98

Question Presented

If a veteran both challenges the

validity of a debt assessed by the

Department of Veterans Affairs (VA)

and, in the alternative seeks waiver of

such debt, must VA first fully adjudicate

the debt validity issue, and the veteran

exhaust all appeals on that issue, before

waiver may be considered?

Held

When a veteran both challenges the

validity of a debt and seeks waiver of

the debt, the Regional Office must first

fully review the debt’s validity and, if

the office believes the debt to be valid,

prepare a written decision fully

justifying the validity of the debt. At

that point, the veteran’s request for

waiver should be referred to the

Committee on Waivers and

Compromises. If waiver is denied, the

veteran must be informed of his or her

right to appeal both decisions to the

Board of Veterans Appeals.

Effective Date: April 24, 1998

VAOPGCPREC 7–98

Questions Presented:

a. Where eligibility under the

Restored Entitlement Program for

Survivors (REPS) is based on service

connection established under a

Department of Veterans Affairs (VA)

regulation establishing a presumption of

service connection for a disease, is the

effective date of the award of REPS

benefits limited by the effective date of

the regulation establishing the

presumption?

b. If, pursuant to the Nehmer

stipulation, an award of dependency

and indemnity compensation (DIC) is

made effective prior to the effective date

of the VA regulation establishing

presumptive service connection for the

cause of death, is the effective date of an

award of REPS benefits also governed by

the Nehmer stipulation?

Held

In the case of a member or former

member of the Armed Forces who died

on active duty prior to August 13, 1981,

or who died from a service-connected

disability which was incurred or

aggravated in service before such date,

the Department of Veterans Affairs (VA)

is authorized, under Pub. L. No. 97–377,

§ 156, 96 Stat. 1830, 1920 (1982), and 38

C.F.R. § 3.812, to award benefits under

the Restored Entitlement Program for

Survivors (REPS) to the member or

former member’s surviving spouse or

child for all periods in which such

spouse or child meet the eligibility

requirements for such benefits. If a

claimant meets the statutory

requirements governing eligibility for

REPS benefits, the fact that service

connection for a former member’s death

has been established pursuant to

regulatory presumptions of service

connection which became effective

subsequent to the initial period of

eligibility does not limit VA’s authority

to award REPS benefits retroactive for

all periods of eligibility.

Effective Date: May 4, 1998.

John H. Thompson,

Acting General Counsel.

[FR Doc. 98–15116 Filed 6–5–98; 8:45 am]

BILLING CODE 8320–01–M

DEPARTMENT OF VETERANS

AFFAIRS

The Enhanced-Use Development of the

VAMC Sioux Falls, SD

AGENCY: Department of Veterans Affairs.

ACTION: Notice of designation.

SUMMARY: The Secretary of the

Department of Veterans Affairs is

designating the Sioux Falls, SD,

Department of Veterans Affairs Medical

Center (VAMC) for an Enhanced-Use

development. The Department intends

to enter into a long-term lease of real

property with the Children’s Care

Hospital and School (CCH&S). The

CCH&S will construct and maintain a

parking area on the site, and will, as

consideration for the lease, provide

specified facilities and services to the

Department at no cost.

FOR FURTHER INFORMATION CONTACT:

Jacob Gallun, Asset and Enterprise

Development Office (189), Veterans

Health Administration, Department of

Veterans Affairs, 810 Vermont Avenue

NW, Washington, DC, 20420, (202) 565–

4307.

SUPPLEMENTARY INFORMATION: 38 U.S.C.

Sec. 8161 et seq., specifically provides

that the Secretary may enter into an

Enhanced-Use lease, if the Secretary

determines that at least part of the use

of the property under the lease will be

to provide appropriate space for an

activity contributing to the mission of

the Department; the least will not be

inconsistent with and will not adversely

affect the mission of the Department;

and the lease will enhance the property.

This project meets these requirements.
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Notices 31265

Approved: May 27, 1998.

Togo D. West, Jr.,

Secretary.

[FR Doc. 98–15117 Filed 6–5–98; 8:45 am]

BILLING CODE 8320–01–M