[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Notices]
[Pages 39119-39120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19311]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0085]


Proposed Information Collection Activity: Proposed Collection; 
Comment Request

AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Board of Veterans' Appeals (BVA), Department of Veterans 
Affairs (VA), is announcing an opportunity for public comment on the 
proposed collection of certain information by the agency. Under the 
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to 
publish notice in the Federal Register concerning each proposed 
collection of information, including each proposed extension of a 
currently approved collection, and allow 60 days for public comment in 
response to the notice. This notice solicits comments on the 
information required in processing appeals from denial of VA benefits 
and in regulation of representatives' fees.

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before September 21, 1998.

ADDRESSES: Submit written comments on the collection of information to 
Sue Hamlin, Board of Veterans' Appeals (01C), Department of Veterans 
Affairs,

[[Page 39120]]

810 Vermont Avenue, NW, Washington, DC 20420. Please refer to ``OMB 
Control No. 2900-0085'' in any correspondence.

FOR FURTHER INFORMATION CONTACT: Sue Hamlin at (202) 565-5686.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 
U.S.C. 3501-3520), Federal agencies must obtain approval from the 
Office of Management and Budget (OMB) for each collection of 
information they conduct or sponsor. This request for comment is being 
made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, BVA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of BVA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of BVA's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.

Titles

    a. Appeal to Board of Veterans' Appeals, VA Form 9.
    b. Withdrawal of Services by a Representative.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements.
    d. Motion for Review of Representative's Charges for Expenses.
    e. Request for Changes in Hearing Date.
    f. Motion for Reconsideration.
    OMB Control Number: 2900-0085.
    Type of Review: Extension of a currently approved collection.

Abstract:

    a. VA Form 9 is furnished to an appellant so that he or she has the 
information necessary to perfect an appeal from a denial of VA 
benefits.
    b. When the appellant's representative withdraws from a case, 
information must be obtained in order to afford protection to the 
appellant and in order for BVA to be able to know who is providing 
representational services in each individual case.
    c. Agreements for fees charged by individuals or organizations for 
representing claimants and appellants before VA are filed with, and 
reviewed by, the Board of Veterans' Appeals. The information is used to 
afford protection to VA claimants by ensuring that the VA benefits are 
not diverted from their intended purpose through overreaching by 
unscrupulous representatives and in processing payment of fees from VA 
benefits when provided by the agreement.
    d. Expense reimbursements claimed by individuals and organizations 
for representing claimants and appellants before VA have been monitored 
for fairness for many years. The information is used to monitor 
representatives' fees for reasonableness and ensure that unreasonable 
fees are not charged by claiming such fees under the guise of 
``expenses.''
    e. VA provides hearings to appellants and their representatives, as 
required by basic Constitutional due-process and by Title 38 U.S.C. 
7107(b). From time to time, hearing dates and/or times are changed, 
hearing requests withdrawn and new hearings requested after failure to 
appear at a scheduled hearing. The information is used to comply with 
the appellants' or their representatives' requests.
    f. Decisions by BVA are final unless the Chairman orders 
reconsideration of the decision. The information provided is unique in 
each case and must be provided in order for BVA to be aware that 
reconsideration is being sought and to inform BVA of the basis of the 
request. Failure to obtain the information would result in depriving 
appellants of this potential form of relief.
    Affected Public: Individuals or households.
    Estimated Total Annual Burden: 36,837 hours.
    a. Appeal to Board of Veterans' Appeals--32,500 hours.
    b. Withdrawal of Services by a Representative--183 hours.
    c. Filing and Motions for Review of fee Agreements--225 hours.
    d. Motion for Review of Expenses--4 hours.
    e. Request for Changes in Hearing Date--2,374 hours.
    f. Motion for Reconsideration--1,550 hours.
    Estimated Average Burden Per Respondent: 53 minutes.
    a. Appeal to Board of Veterans' Appeals--1 hour.
    b. Withdrawal of Services by a Representative--20 minutes.
    c. Fee Agreement--30 minutes (contract modifications), 10 minutes 
(basic filing)--2 hours (filing motion or response).
    d. Motion for Review of Expenses--2 hours (motion or response to 
motion).
    e. Request for Changes in Hearing Date--15 minutes (basic 
request)--1 hour (requests requiring preparation of a motion).
    f. Motion for Reconsideration--1 hour.
    Frequency of Response: On occasion.
    Estimated Total Number of Respondents: 41,644.
    a. Appeal to Board of Veterans' Appeals--32,500.
    b. Withdrawal of Services by a Representative--550.
    c. Fee Agreement--875.
    d. Motion for Review of Expenses--2.
    e. Request for Changes in Hearing Date--6,167.
    f. Motion for Reconsideration--1,550.

    Dated: May 15, 1998.

    By direction of the Secretary.
Barbara H. Epps,
Management Analyst, nformation Management Service.
[FR Doc. 98-19311 Filed 7-20-98; 8:45 am]
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