[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Rules and Regulations]
[Pages 20726-20727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11418]



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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AH83


Adjudication Regulations; Miscellaneous

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends adjudication regulations by updating 
various cross-references and authority citations and by making other 
nonsubstantive changes.

EFFECTIVE DATE: This amendment is effective May 8, 1996.

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

SUPPLEMENTARY INFORMATION: 38 CFR 3.23(d)(5) concerns annual income for 
improved pension surviving spouses. The authority citation for 38 CFR 
3.23(d)(5) is shown incorrectly as ``38 U.S.C. 1541 (c), (h)''. The 
authority citation is corrected to read ``38 U.S.C. 1541 (c), (g)''.
    38 CFR 3.24(c)(1) states that in certain situations pension shall 
be paid to a child in the custody of a person legally responsible for 
the child's support at an annual rate equal to the difference between 
the rate for a surviving spouse and one child, and ``the sum of the 
annual income of such person.'' This paragraph is based on 38 U.S.C. 
1542 which states that the child's rate is reduced by the child's 
income or, if the child is residing with a person legally responsible 
for the child's support, by ``the sum of the annual income of such 
child and such person.'' 38 CFR 3.24(c)(1) is amended to restore the 
words ``the annual income of such child and'' before ``the annual 
income of such person''. These words appear in the Federal Register of 
September 16, 1987, but were omitted from the July 1, 1988, Federal 
Register codification of 38 CFR and all subsequent versions. This 
change will conform the regulation to 38 U.S.C. 1542.
    The most recent change to 38 CFR 3.25 appeared in the Federal 
Register of September 16, 1987. The version of 38 CFR 3.25(c)(2) in the 
Federal Register of September 16, 1987, contained the following 
statement: ``. . . no payment of DIC to a parent under this paragraph 
may be less than $5 monthly. Each time there is a rate increase under 
38 U.S.C. 3112, the amount of the reduction under this paragraph shall 
be recomputed to provide, as nearly as possible, for an equitable 
distribution of the rate increase.'' However, the July 1, 1988, 
codified version of 38 CFR 3.25(c)(2) omitted the following words: 
``may be less than $5 monthly. Each time there is a rate increase under 
38 U.S.C. 3112, the amount of the reduction under this paragraph''. 
This change restores the words that were inadvertently omitted from 38 
CFR 3.25(c)(2).
    38 CFR 3.250(d) concerning remarriage of a parent receiving 
Dependency and Indemnity Compensation (DIC) contains an incorrect 
reference to ``38 U.S.C. 102(a)(2)''. The reference is corrected to 
read ``38 U.S.C. 102(b)(1)''.
    38 CFR 3.252(a), which concerns annual income limitations in old-
law pension cases, contains an incorrect reference to ``Sec. 3.26(b)''. 
38 CFR 3.252(a) is changed to show the correct reference for old-law 
pension, which is 38 CFR 3.26(c).
    In 1991 Sec. 14(d)(8)(b) of Public Law 102-54 eliminated subsection 
(e) from 38 U.S.C. 6103. The language that was previously in subsection 
(e) was included under subsection (b). The authority citation for 38 
CFR 3.458(f)(2) is changed from ``38 U.S.C. 6103(e)'' to ``38 U.S.C 
6103(b)''.
    38 CFR 3.100(a), 38 CFR 3.321(b)(1), 38 CFR 3.460(b), 38 CFR 
3.461(b)(1), and 38 CFR 3.559(c) are amended to show the current title 
of the chief officer of the Veterans Benefits Administration. 
Previously the Under Secretary for Benefits was called the ``Chief 
Benefits Director.''
    A regulatory change published in the Federal Register of June 24, 
1985, moved effective date rules for Dependency and Indemnity 
Compensation (DIC) from 38 CFR 3.400(c)(3) to 38 CFR 3.400(c)(4). 38 
CFR 3.702 on DIC is amended to reflect that change in two references to 
38 CFR 3.400.
    We are amending 38 CFR 3.852 on institutional awards to add 
authority citations for paragraphs (a), (c), (d), and (e).
    In 1991, Sec. 14(d)(8)(b) of Public Law 102-54 eliminated paragraph 
(e) from 38 U.S.C. 6103. The authority citation for 38 CFR 3.901(c) is 
changed from ``38

[[Page 20727]]

U.S.C. 6103(e)'' to ``38 U.S.C. 6103''. The authority citation for 38 
CFR 3.901(d)(3) is changed from ``38 U.S.C. 6103(a), (d), (e)'' to ``38 
U.S.C. 6103''. The authority citation for 38 CFR 3.902(d)(3) is changed 
from ``38 U.S.C. 6103(d), (e), 6104'' to ``38 U.S.C. 6104''.
    38 CFR 3.1612(e)(3) is amended to show the current name of the 
element within VA which is responsible for furnishing Government 
headstones and markers. Previously the Office of Memorial Programs was 
called the ``Monument Service.''
    This final rule makes nonsubstantive changes. Accordingly, this 
final rule is promulgated without regard to the notice-and-comment and 
effective-date provisions of 5 U.S.C. 553.
    Because no notice of proposed rulemaking was required in connection 
with the adoption of this final rule, no regulatory flexibility 
analysis is required under the Regulatory Flexibility Act (5 U.S.C. 
601-612). Even so, 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.
    The Catalog of Federal Domestic Assistance program numbers are 
64.100, 64.101, 64.104, 64.105, 64.106, 64.109, and 64.110.

List of Subjects in 38 CFR Part 3

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

    Approved: April 30, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is 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. 3.23  [Amended]

    2. In Sec. 3.23, the authority citation immediately following 
paragraph (d)(5) is revised to read as follows:

(Authority: 38 U.S.C. 1541(c), (g))


Sec. 3.24  [Amended]

    3. In Sec. 3.24, paragraph (c)(1) is amended by adding ``the annual 
income of such child and'' immediately following ``and the sum of''.


Sec. 3.25  [Amended]

    4. In Sec. 3.25, the concluding text of paragraph (c) is amended by 
adding ``may be less than $5 monthly. Each time there is a rate 
increase under 38 U.S.C. 5312, the amount of the reduction under this 
paragraph'' immediately following ``to a parent under this paragraph''.


Sec. 3.100  [Amended]

    5. In Sec. 3.100, paragraph (a) is amended by removing ``Chief 
Benefits Director'' and ``Director'' and adding, in their place, 
``Under Secretary for Benefits'' and ``Under Secretary'', respectively.


Sec. 3.250  [Amended]

    6. In Sec. 3.250, paragraph (d) is amended by removing ``(38 U.S.C. 
102(a)(2))'' and adding, in its place, ``(38 U.S.C. 102(b)(1))''.


Sec. 3.252  [Amended]

    7. In Sec. 3.252, paragraph (a) is amended by removing 
``Sec. 3.26(b)'' and adding, in its place, ``Sec. 3.26(c)''.


Sec. 3.321  [Amended]

    8. In Sec. 3.321, paragraph (b)(1) is amended by removing ``Chief 
Benefits Director'' and adding, in its place, ``Under Secretary for 
Benefits''.


Sec. 3.458  [Amended]

    9. In Sec. 3.458, the authority citation immediately following 
paragraph (f)(2) is revised to read as follows:

(Authority: 38 U.S.C. 6103(b); 6104(c); 6105(a))


Sec. 3.460  [Amended]

    10. In Sec. 3.460, paragraph (b) is amended by removing ``Chief 
Benefits Director'' and adding, in its place, ``Under Secretary for 
Benefits''.


Sec. 3.461  [Amended]

    11. In Sec. 3.461, paragraph (b)(1) is amended by removing ``Chief 
Benefits Director'' and adding, in its place, ``Under Secretary for 
Benefits''.


Sec. 3.559  [Amended]

    12. In Sec. 3.559, paragraph (c) is amended by removing ``Chief 
Benefits Director'' and adding, in its place, ``Under Secretary for 
Benefits''.


Sec. 3.702  [Amended]

    13. In Sec. 3.702, paragraph (a) is amended by removing 
``Sec. 3.400(c)(3)'' and adding, in its place, ``Sec. 3.400(c)(4)''.
    14. In Sec. 3.702, paragraph (b) is amended by removing 
``Sec. 3.400(c)(3)(ii)'' and adding, in its place, 
``Sec. 3.400(c)(4)(ii)''.
    15. In Sec. 3.852, an authority citation for paragraphs (a), (c), 
(d), and (e) is added immediately following each such paragraph, to 
read as follows:


Sec. 3.852  Institutional awards.

    (a) * * *

(Authority: 38 U.S.C. 5503(b)(3))
* * * * *
    (c) * * *

(Authority: 38 U.S.C. 5307)

    (d) * * *

(Authority: 38 U.S.C. 5503(b)(3))

    (e) * * *

(Authority: 38 U.S.C. 5502)
* * * * *


Sec. 3.901  [Amended]

    16. In Sec. 3.901, the authority citation immediately following 
paragraph (c) is revised to read as follows:

(Authority: 38 U.S.C. 6103)

    17. In Sec. 3.901, the authority citation immediately following the 
concluding text of paragraph (d) is revised to read as follows:

(Authority: 38 U.S.C. 6103)


Sec. 3.902  [Amended]

    18. In Sec. 3.902, the authority citation immediately following the 
concluding text of paragraph (d) is revised to read as follows:

(Authority: 38 U.S.C. 6104)


Sec. 3.1612  [Amended]

    19. In Sec. 3.1612, paragraph (e)(3) is amended by removing 
``Monument Service'' and adding, in its place, ``Office of Memorial 
Programs''.

[FR Doc. 96-11418 Filed 5-7-96; 8:45 am]
BILLING CODE 8320-01-P