Justia Regulation Tracker

---

[Federal Register: June 24, 2008 (Volume 73, Number 122)]
[Notices]               
[Page 35724]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn08-110]                         

[[Page 35724]]

-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

 
Summary of a Precedent Opinion of the General Counsel

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) is publishing a 
summary of a legal interpretation issued by the Department's General 
Counsel involving veterans' benefits under laws administered by VA. 
This interpretation is considered precedential by VA and will be 
followed by VA officials and employees in future claim matters 
involving the same legal issues. The summary is published to provide 
the public, and, in particular, veterans' benefits claimants and their 
representatives, with notice of VA's interpretation regarding the legal 
matter at issue.

FOR FURTHER INFORMATION CONTACT: Susan P. Sokoll, Law Librarian, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., (026H), 
Washington, DC 20420, (202) 461-7623.

SUPPLEMENTARY INFORMATION: VA regulations at 38 CFR 2.6(e)(8) and 
14.507 authorize the Department's General Counsel to issue written 
legal opinions having precedential effect in adjudications and appeals 
involving veterans' benefits under laws administered by VA. The 
interpretations of the General Counsel on legal matters, contained in 
such opinions, are conclusive as to all VA officials and employees not 
only in the matter at issue but also in future adjudications and 
appeals involving the same legal issues, in the absence of achange in 
controlling statute or regulation or a superseding written legal 
opinion of the General Counsel.
    VA publishes summaries of such opinions in order to provide the 
public with notice of those interpretations of the General Counsel that 
must be followed in future benefit matters and to assist veterans' 
benefits claimants and their representatives in the prosecution of 
benefit claims. The full text of such opinions, with personal 
identifiers deleted, may be obtained by contacting the VA official 
named above or by accessing the opinions on the internet at http://
www1.va.gov/OGC/.

VAOPGCPREC 1-2008

Questions Presented

    May VA reimburse a veteran who submitted an initial application for 
Specially Adapted Housing assistance but who, before filing a 
supplemental application, paid in full the costs of acquiring the 
adapted home?

Held

    The Secretary is authorized to provide Specially Adapted Housing 
assistance to a veteran if: (i) The veteran submitted a VA Form 26-4555 
prior to paying in full the costs of the adapted home; (ii) the veteran 
was not seeking reimbursement for adaptations made prior to the date of 
application or for unspecified future adaptations; (iii) the veteran 
later submitted VA Form 26-4555c; and (iv) the Secretary determines 
that the veteran and the veteran's adapted home meet all other 
statutory and regulatory requirements.
    Effective date: June 2, 2008.

    Dated: June 17, 2008.

    By Direction of the Secretary.
Paul J. Hutter,
General Counsel.
[FR Doc. E8-14209 Filed 6-23-08; 8:45 am]

BILLING CODE 8320-01-P