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[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Proposed Rules]
[Pages 24909-24911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12365]

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[[Page 24910]]

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AH51

Evidence of Dependents and Age

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
adjudication regulations concerning the evidence required to establish 
marriage, dissolution of a marriage, birth of a child, and death of a 
family member. This amendment would implement a provision of the 
``Veterans' Benefits Improvements Act of 1994,'' which authorizes the 
Secretary to accept the written statement of a claimant as proof of the 
existence of these relationships. This amendment is intended to 
facilitate proof of the existence of these relationships.

DATES: Comments must be received on or before July 16, 1996.

ADDRESSES: Mail written comments to: Director, Office of Regulations 
Management (02D), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; or hand-deliver written comments to: Office 
of Regulations Management, Room 1176, 801 Eye Street, NW., Washington, 
DC 20001. Comments should indicate that they are in response to ``RIN 
2900-AH51.'' All written comments received will be available for public 
inspection in the Office of Regulations Management, Room 1176, 801 Eye 
Street, NW., Washington, DC 20001, between the hours of 8:00 a.m. and 
4:30 p.m., Monday through Friday (except holidays).

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

SUPPLEMENTARY INFORMATION: Section 301 of the ``Veterans' Benefits 
Improvements Act of 1994,'' Public Law 103-446, authorizes the 
Secretary of Veterans Affairs to accept the written statement of a 
claimant as proof of the existence of the following relationships 
between the claimant and another person: marriage, dissolution of a 
marriage, birth of a child, and death of any family member. The statute 
further authorizes the Secretary to require documentation in support of 
the claimant's statement if: (1) The claimant does not reside within a 
State; (2) the claimant's statement on its face raises a question of 
its validity; (3) there is conflicting information of record; or (4) 
there is reasonable indication, in the claimant's statement or 
otherwise, of fraud or misrepresentation.
    The Secretary proposes to exercise this discretionary authority. 
Accordingly, we are proposing to amend 38 CFR 3.204. We are proposing 
to require that a claimant's written statement contain the date (month 
and year) and place of the event, the full name and relationship of the 
other person to the claimant, and, where the claimant's dependent child 
does not reside with the claimant, the name and address of the person 
who has custody of the child. It appears that we need this information, 
which currently must be supplied by an individual claiming additional 
dependency allowance, not only to make a proper determination of 
dependency, but also to determine whether or not the claimant's 
statement is valid or in conflict with other information of record. We 
are further proposing to require that a claimant seeking benefits on 
behalf of a dependent provide the social security number of the 
dependent in accordance with the provisions of 38 CFR 3.216.
    We also propose to revise the heading of Sec. 3.204 to reflect its 
contents more accurately. Finally, in Secs. 3.204 and 3.213(a) we 
propose technical amendments to conform to the substantive changes 
proposed, and we propose technical changes in the ``Cross References'' 
following Secs. 3.205 through 3.214 to conform to the heading revision 
of Sec. 3.204.
    Previously, we promulgated an amendment to our adjudication 
regulations to allow claimants to submit uncertified photocopies of 
documents to establish birth, death, marriage, or relationship (59 FR 
46337 and 60 FR 46531). That amendment implemented a recommendation of 
VA's Blue Ribbon Panel on Claims Processing and was intended to reduce 
delays and improve efficiency in claims processing. This proposed rule 
would, we believe, further improve timeliness and efficiency.

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act (44 U.S.C. 
3504(h)). Comments on the collection of information should be sent to 
the Office of Management and Budget, Attention: Desk Officer for the 
Department of Veterans Affairs, Office of Information and Regulatory 
Affairs, Washington, DC 20503, with copies to the Director, Office of 
Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420.
    The collection of information included in proposed Secs. 3.204 and 
3.213 in this rulemaking proceeding merely concerns the quality of 
information that may be submitted to VA to establish marriage, 
dissolution of marriage, birth, death, or marriage of a child. The 
provisions of 38 U.S.C. 5124 contain specific authority to allow such 
information collection. The basic requirements for collection of 
information concerning marriage, dissolution of a marriage, birth, 
death, or marriage of a child for this rulemaking are set forth at 
Secs. 3.205 through 3.211, 3.215, 3.216.
    Title: Written statements concerning existence of dependents.
    Summary of collection of information: See discussion above.
    Description of the need for information and proposed use of 
information: See discussion above.
    Description of likely respondents: claimants of VA benefits.
    Estimated total annual reporting burden: 0 hours.
    The estimated annual burden per respondent: 0 hours.
    Estimated number of respondents: 541.054.
    Estimated annual frequency of responses: 1.
    The proposed rule will not increase the information collection 
burden on the public. This information is already collected on VA Forms 
21-526, Veteran's Application for Compensation or Pension, 21-534, 
Application for Dependency and Indemnity Compensation, Death Pension 
and Accrued Benefits by a Surviving Spouse or Child and 21-686c, 
Declaration of Status of Dependents.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities as defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This proposed rule would not directly affect small entities. Only 
VA beneficiaries would be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), this proposed rule is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.
    Since this is a significant amendment, we have prepared a Costs and 
Benefits analysis in accord with Executive Order 12866 of September 30, 
1993, and the

[[Page 24911]]

Office of Management and Budget has reviewed this analysis.
    The Catalog of Federal Domestic Assistance program numbers are 
64.104, 64.105, 64.109, and 64.110.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Health care, 
Individuals with disabilities, Pensions, Veterans.

    Approved: October 12, 1995.
Jesse Brown,
Secretary of Veterans Affairs.

    Editorial Note: This document was received at the Office of the 
Federal Register on May 13, 1996.

    For the reasons set forth in the preamble, VA proposes to amend 38 
CFR part 3 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.

    2. In Sec. 3.204, the section heading is revised, current 
paragraphs (a) and (b) are redesignated as paragraphs (b) and (c), 
respectively, and a new paragraph (a) is added to read as follows:

Sec. 3.204   Evidence of dependents and age.

    (a)(1) Except as provided in paragraph (a)(2) of this section, VA 
will accept, for the purpose of determining entitlement to benefits 
under laws administered by VA, the written statement of a claimant as 
proof of marriage, dissolution of a marriage, birth of a child, or 
death of a dependent, provided that the statement contains: the date 
(month and year) and place of the event; the full name and relationship 
of the other person to the claimant; and, where the claimant's 
dependent child does not reside with the claimant, the name and address 
of the person who has custody of the child. In addition, a claimant 
must provide the social security number of any dependent on whose 
behalf he or she is seeking benefits (see Sec. 3.216).
    (2) VA shall require the types of evidence indicated in Secs. 3.205 
through 3.211 where: the claimant does not reside within a state; the 
claimant's statement on its face raises a question of its validity; the 
claimant's statement conflicts with other evidence of record; or, there 
is a reasonable indication, in the claimant's statement or otherwise, 
of fraud or misrepresentation of the relationship in question.

(Authority: 38 U.S.C. 5124)
* * * * *

Sec. 3.204   [Amended]

    3. In Sec. 3.204, redesignated paragraph (b) is amended by removing 
the first sentence and adding in its place ``The classes of evidence to 
be furnished for the purpose of establishing marriage, dissolution of 
marriage, age, relationship, or death, if required under the provisions 
of paragraph (a)(2), are indicated in Secs. 3.205 through 3.211 in the 
order of preference.''

Sec. 3.213   [Amended]

    4. In Sec. 3.213, paragraph (a) is amended by removing the first 
sentence and adding in its place ``For the purpose of establishing 
entitlement to a higher rate of pension, compensation, or dependency 
and indemnity compensation based on the existence of a dependent, VA 
will require evidence which satisfies the requirements of Sec. 3.204.''
    5. In the ``Cross References'' following Secs. 3.205, 3.206, 3.207, 
3.208, 3.209, 3.210, 3.211, 3.212, 3.213, and 3.214, remove the words 
``Evidence other than evidence of service'' wherever they appear and 
add in their place the words ``Evidence of dependents and age.''

[FR Doc. 96-12365 Filed 5-16-96; 8:45 am]
BILLING CODE 8320-01-P
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