[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51590-51591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17358]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AL12


Exceptions to Definition of Date of Receipt Based on Natural or 
Man-Made Disruption of Normal Business Practices

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document affirms an amendment to the Department of 
Veterans Affairs (VA) adjudication regulation regarding the definition 
of ``date of receipt'' authorizing the Under Secretary for Benefits to 
establish exceptions to the general rule when a natural or man-made 
event interferes with the channels through which the Veterans Benefits 
Administration (VBA) ordinarily receives correspondence, resulting in 
extended delays in receipt of claims, information, or evidence from 
claimants served by VBA. Currently, VBA receives correspondence through 
its 57 Regional Offices and through the Appeals Management Center, 
which develops claims on appeal to the Board of Veterans Appeals. The 
intended effect is to ensure that claimants served by the affected VBA 
office or offices are not deprived of potential entitlement to benefits 
because of unexpected delays or impediments not caused by the 
claimants.

DATES: Effective date: August 31, 2005.

FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone (202) 273-7232.

SUPPLEMENTARY INFORMATION: VA's regulation addressing the date of 
receipt for purposes of benefit entitlement is located at 38 CFR 
3.1(r), which implements the provisions of 38 U.S.C. 5110, the 
statutory provision regarding effective dates of awards. On July 19, 
2004 (69 FR 42879), an interim final rule was published amending Sec.  
3.1(r) to provide that the Under Secretary for Benefits may establish 
exceptions to the rule governing date of receipt in circumstances when 
he or she determines that a natural or man-made disruption in the 
normal channels of communication results in one or more VBA offices 
experiencing extended delays in the receipt of correspondence.
    We provided a 60-day comment period that ended September 17, 2004. 
We received no comments. Based on the rationale set forth in the 
interim final rule we now affirm as a final rule the changes made by 
the interim final rule.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Administrative Procedure Act

    This document without any changes affirms amendments made by an 
interim final rule that is already in effect. Accordingly, we have 
concluded under 5 U.S.C. 553 that there is good cause for dispensing 
with a delayed effective date based on the conclusion that such 
procedure is impracticable, unnecessary, and contrary to the public 
interest.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before developing any rule that may result in an expenditure 
by State, local, or tribal governments, in the aggregate, or by the 
private sector of $100 million or more (adjusted annually for 
inflation) in any given year. This final rule would have no such effect 
on State, local, or tribal governments, or the private sector.

Regulatory Flexibility Act

    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 (RFA), 5 U.S.C. 
601-612. Only VA beneficiaries could be directly affected. Therefore, 
pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial 
and final regulatory flexibility analysis requirements of sections 603 
and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.109, Veterans 
Compensation for Service-Connected Disability; and 64.110, Veterans 
Dependency and Indemnity Compensation for Service-Connected Death.

List of Subjects in 38 CFR Part 3

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

    Approved: August 11, 2005.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.


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Accordingly, the interim final rule amending 38 CFR Part 3 that was

[[Page 51591]]

published at 69 FR 42879 on July 19, 2004, is adopted as a final rule 
without change.

[FR Doc. 05-17358 Filed 8-30-05; 8:45 am]
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