Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13437

dry for three hours at a time during

waking hours; or, despite bowel

management techniques or other

treatment to control the effects of bowel

impairment, has fecal leakage severe or

frequent enough to require wearing of

absorbent materials at least four days a

week; or, regularly requires manual

evacuation or digital stimulation to

empty the bowel; or, has a colostomy

that requires wearing a bag.

(2) If an individual who would

otherwise be paid at Level I or II has one

or more disabilities, such as blindness,

uncontrolled seizures, or renal failure

that result either from spina bifida, or

from treatment procedures for spina

bifida, the Director of the Compensation

and Pension Service may increase the

monthly payment to the level that, in

his or her judgment, best represents the

extent to which the disabilities resulting

from spina bifida limit the individual’s

ability to engage in ordinary day-to-day

activities, including activities outside

the home. A Level II or Level III

payment will be awarded depending on

whether the effects of a disability are of

equivalent severity to the effects

specified under Level II or Level III.

(3) VA may accept statements from

private physicians, or examination

reports from government or private

institutions, for the purpose of rating

spina bifida claims without further

examination, provided the statements or

reports are adequate for assessing the

level of disability due to spina bifida

under the provisions of paragraph (d)(1)

of this section. In the absence of

adequate medical information, VA will

schedule an examination for the

purpose of assessing the level of

disability.

(4) VA will pay an individual eligible

for a monetary allowance due to spina

bifida at Level I unless or until it

receives medical evidence supporting a

higher payment. When required to

reassess the level of disability under

paragraph (d)(5) or (d)(6) of this section,

VA will pay an individual eligible for

this monetary allowance at Level I in

the absence of evidence adequate to

support a higher level of disability or if

the individual fails to report, without

good cause, for a scheduled

examination. Examples of good cause

include, but are not limited to, the

illness or hospitalization of the

claimant, death of an immediate family

member, etc.

(5) VA will pay individuals under the

age of one year at Level I unless a

pediatric neurologist or a pediatric

neurosurgeon certifies that, in his or her

medical judgment, there is a

neurological deficit that will prevent the

individual from ambulating, grasping a

pen, feeding himself or herself,

performing self care, or from achieving

urinary or fecal continence. If any of

those deficits are present, VA will pay

the individual at Level III. In either case,

VA will reassess the level of disability

when the individual reaches the age of

one year.

(6) VA will reassess the level of

payment whenever it receives medical

evidence indicating that a change is

warranted. For individuals between the

ages of one and twenty-one, however, it

must reassess the level of payment at

least every five years.

Authority: 38 U.S.C. 501, 1805)

[FR Doc. 01–5450 Filed 3–5–01; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 19

RIN 2900–AK61

Appeals Regulations: Title for

Members of the Board of Veterans’

Appeals—Rescission

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: In a document published in

the Federal Register on September 14,

2000 (65 FR 55461), we amended the

Department of Veterans Affairs (VA)

Appeals Regulations by providing that a

Member of the Board of Veterans’

Appeals (Board) may also be known as

a Veterans Law Judge. Consistent with

legal authority, we published the

amendment without providing an

opportunity for notice-and-comment.

On October 27, 2000, six veterans

service organizations wrote to the

Acting Secretary, opposing the

amendment and arguing that they

should have been provided an

opportunity to comment before we

made such a change. Under these

circumstances, we agreed to rescind the

amendment and propose to reestablish

the amendment. Accordingly, this

document rescinds the amendment. In a

companion document in the ‘‘Proposed

Rules’’ section of this issue of the

Federal Register, we are proposing to

amend the regulations to again provide

that a Member of the Board may also be

known as a Veterans Law Judge.

DATES: Effective Date: March 6, 2001.

FOR FURTHER INFORMATION CONTACT:

Steven L. Keller, Senior Deputy Vice

Chairman, Board of Veterans’ Appeals

(01C), Department of Veterans Affairs,

810 Vermont Avenue, NW.,

Washington, DC 20420 (202–565–5978).

SUPPLEMENTARY INFORMATION: This final

rule concerns agency organization,

procedure or practice and is not a

substantive rule. Accordingly, this final

rule is exempt from the notice-andcomment requirements and the delayed

effective date provisions of 5 U.S.C. 553.

Paperwork Reduction Act

This document contains no provisions

constituting a collection of information

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Executive Order 12866

This document has been reviewed by

the Office of Management and Budget

under Executive Order 12866.

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, 5 U.S.C. 601–612. This rule will not

affect small businesses. Therefore,

pursuant to 5 U.S.C. 605(b), this final

rule is exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

List of Subjects in 38 CFR Part 19

Administrative practice and

procedure, Claims, Veterans.

Dated: February 21, 2001.

Anthony J. Principi,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 19 is amended as

set forth below:

PART 19—BOARD OF VETERANS’

APPEALS: APPEALS REGULATIONS

1. The authority citation for part 19

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. Section 19.2 is revised to read as

follows:

§ 19.2 Composition of the Board.

The Board consists of a Chairman,

Vice Chairman, Deputy Vice Chairmen,

Members and professional,

administrative, clerical and

stenographic personnel. Deputy Vice

Chairmen are Members of the Board

who are appointed to that office by the

Secretary upon the recommendation of

the Chairman.

Authority: 38 U.S.C. 501(a), 512, 7101(a))

[FR Doc. 01–5451 Filed 3–5–01; 8:45 am]

BILLING CODE 8320–01–P