Vocational Rehabilitation and Employment Program-Duty To Assist, 37402-37406 [E8-14823]
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Federal Register / Vol. 73, No. 127 / Tuesday, July 1, 2008 / Proposed Rules
18. In § 4022.63:
a. Redesignate paragraph (c)(1) as
paragraph (c)(1)(i) and redesignate
paragraph (c)(2) as paragraph (c)(1)(ii).
b. Redesignate the introductory text of
paragraph (c) as paragraph (c)(1) and
add a new heading ‘‘In general.’’
c. In paragraph (e), amend Example 1
by adding a new paragraph at the end:
PPA 2006 bankruptcy termination. In
a PPA 2006 bankruptcy termination, the
methodology would be the same, but
‘‘bankruptcy filing date’’ would be
substituted for ‘‘proposed termination
date’’ each place that ‘‘proposed
termination date’’ appears in the
example, and the numbers would
change accordingly.
d. Add new paragraphs (b)(3) and
(c)(2) to read as follows:
§ 4022.63
Estimated title IV benefits.
*
*
*
*
*
(b)* * *
(3) PPA 2006 bankruptcy termination.
In a PPA 2006 bankruptcy termination,
‘‘bankruptcy filing date’’ is substituted
for ‘‘proposed termination date’’ in the
first sentence of paragraph (b)(2) of this
section.
(c) In general. * * *
(2) PPA 2006 bankruptcy termination.
In a PPA 2006 bankruptcy termination,
‘‘bankruptcy filing date’’ is substituted
for ‘‘proposed termination date’’ each
place that ‘‘proposed termination date’’
appears in paragraph (c)(1) of this
section.
*
*
*
*
*
19. In § 4022.82:
a. Amend paragraph (a)(1) by
redesignating the second sentence as
paragraph (a)(1)(i), and add a new
heading ‘‘Non-PPA 2006 bankruptcy
termination’’ and by redesignating the
third sentence as paragraph (a)(1)(iii)
and add a new heading ‘‘Facts and
circumstances.’’
b. Amend the newly redesignated
(a)(1)(iii) by removing ‘‘The PBGC may,
however, utilize’’ and adding in its
place ‘‘PBGC may use’’.
c. Add new paragraph (a)(1)(ii) to read
as follows:
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§ 4022.82
Method of recoupment.
(a) * * *
(1) * * *
(i) Non-PPA 2006 bankruptcy
termination.***
(ii) PPA 2006 bankruptcy termination.
PBGC will determine the amount of
benefit payable with respect to the
participant under title IV of ERISA
taking into account the limitations in
sections 4022(g) and 4044(e) (and
corresponding provisions of these
regulations), and will determine the
present value of that amount as of the
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termination date, using PBGC interest
rates and factors in effect on the
termination date.
(iii) Facts and circumstances.* * *
*
*
*
*
*
20. In Appendix D to Part 4022,
amend the introductory text by
removing ‘‘§ 4022.22(b)’’ and adding in
its place ‘‘§ 4022.22(a)(2)’’, and by
replacing ‘‘:’’ with a ‘‘.’’, and by adding
a sentence at the end to read as follows:
‘‘In a PPA 2006 bankruptcy termination,
the applicable year is the calendar year
in which the bankruptcy filing date
occurred.’’
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
21. The authority citation for part
4044 continues to read as follows:
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
22. In the Note before subpart A:
a. In the second sentence, remove ‘‘in
the PBGC’s’’ and add in its place ‘‘in
other provisions of the PBGC’s’’.
b. After the second sentence, add a
sentence to read as follows: ‘‘In
addition, the Pension Protection Act of
2006 has made a number of significant
changes, including changes to the
treatment in priority category 4 of
benefits of owners, and changes to the
valuation of PBGC recoveries of
liabilities under section 4062(c) of
ERISA.’’
23. In § 4044.2:
a. Amend paragraph (a) by removing
‘‘annuity, basic-type benefit’’ and
adding in its place ‘‘annuity, bankruptcy
filing date, basic-type benefit’’ and by
removing ‘‘plan administrator, singleemployer plan’’ and adding in its place
‘‘plan administrator, PPA 2006
bankruptcy termination, singleemployer plan’’.
b. In paragraph (b), amend the
definition of ‘‘valuation date’’ by
removing ‘‘date of termination’’ and
adding in its place ‘‘termination date’’.
24. In § 4044.10(b), add the phrase ‘‘,
but, in a PPA 2006 bankruptcy
termination, subject to the limitations in
sections 4022(g) and 4044(e) of ERISA
(and corresponding provisions of these
regulations)’’, at the end of the last
sentence.
25. In § 4044.13, add new paragraph
(c) to read as follows:
§ 4044.13
Priority category 3 benefits.
*
*
*
*
*
(c) PPA 2006 bankruptcy termination.
In a PPA 2006 bankruptcy termination,
‘‘bankruptcy filing date’’ is substituted
for ‘‘termination date’’ and ‘‘date of the
plan termination’’ each place that
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‘‘termination date’’ and ‘‘date of the
plan termination’’ appear in paragraphs
(a) and (b) of this section. In paragraph
(b)(5), ‘‘the bankruptcy filing date’’ is
substituted for ‘‘termination’’ in the
phrase ‘‘during the fourth and fifth years
preceding termination.’’ Example: A
plan provides for normal retirement at
age 65 and has only one early retirement
benefit: a subsidized early retirement
benefit for participants who terminate
employment on or after age 60 with 20
years of service. These plan provisions
have been unchanged since 1990. The
contributing sponsor of the plan files a
bankruptcy petition in June 2008, and
the plan terminates during the
bankruptcy with a termination date in
September 2010. A participant retired in
July 2007, at which time he was age 60
and had 20 years of service, and began
receiving the subsidized early
retirement benefit. The participant has
no benefit in priority category 3,
because he was not eligible to retire
three or more years before the June 2008
bankruptcy filing date.
26. Amend § 4014.14 by removing
‘‘basic-type benefits that do not exceed
the guarantee limits set forth in subpart
B of part 4022 of this chapter’’ and
adding in its place ‘‘guaranteed
benefits’’.
Issued in Washington, DC, this day of June,
2008.
Vincent K. Snowbarger,
Acting Director, Pension Benefit Guaranty
Corporation.
[FR Doc. E8–14813 Filed 6–30–08; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AM91
Vocational Rehabilitation and
Employment Program—Duty To Assist
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This document proposes to
amend the vocational rehabilitation and
employment regulations of the
Department of Veterans Affairs (VA)
concerning VA’s responsibility to
provide notification regarding
information or evidence needed for an
individual to substantiate a claim for
vocational rehabilitation benefits and
services, and regarding applicable time
periods. VA’s duty to assist claimants in
substantiating their claims for benefits is
expanded by The Veterans Claims
Assistance Act of 2000, and is
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incorporated in this rulemaking.
Specifically, upon receipt of a
substantially complete application for
benefits, VA will make reasonable
efforts to help the claimant obtain the
evidence necessary to substantiate the
claim. In addition, VA proposes to make
changes to improve readability and
other clarifying changes that are
nonsubstantive.
Comments must be received on
or before September 2, 2008.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (00REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AM91—Vocational Rehabilitation and
Employment Program—Duty to Assist.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 461–4902 for an appointment.
This is not a toll free phone number. In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Alvin Bauman, Senior Policy Analyst,
Vocational Rehabilitation and
Employment Service (28), Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Washington, DC 20420, (202) 461–
9613.
SUPPLEMENTARY INFORMATION: In 38 CFR
part 21, Subpart A—Vocational
Rehabilitation Under 38 U.S.C. Chapter
31, we propose to amend VA’s
regulations concerning claims for
vocational rehabilitation and
employment benefits and services, by
amending 38 CFR 21.32 and adding
§ 21.33 with regard to VA’s duty to
assist claimants and applicable time
limits. Those provisions would apply to
claimants for such benefits and services
under 38 U.S.C. chapter 31, Training
and Rehabilitation for Veterans with
Service-Connected Disabilities and 38
U.S.C. chapter 18, Benefits for Children
of Vietnam Veterans and Certain Other
Veterans.
The Veterans Claims Assistance Act
of 2000 (Pub. L. 106–475) (VCAA),
enacted November 9, 2000, included
provisions amending 38 U.S.C. 5102
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and 5103 and adding new sections 38
U.S.C. 5100 and 5103A, pertaining to
VA’s duty to assist claimants in
obtaining evidence in support of claims
for benefits. Upon receipt of a
substantially complete application for
benefits, VA’s duty under the VCAA is
to make reasonable efforts to help the
claimant obtain the evidence necessary
to substantiate the claim. This effort is
commonly referred to as the ‘‘duty to
assist.’’ VA will refrain from providing
assistance in obtaining evidence for a
claim if the substantially complete
application for benefits indicates that
there is no reasonable possibility that
any assistance VA would provide to the
claimant would substantiate the claim.
Similarly, VA will discontinue
providing assistance in obtaining
evidence for a claim if the evidence
obtained indicates that there is no
reasonable possibility that further
assistance would substantiate the claim.
Finally, VA will not consider the receipt
of a notice of disagreement relating to a
claim as an ‘‘application’’ for benefits
that would trigger its duty to assist.
Section 701 of the Veterans Benefits Act
of 2003 (Pub. L. 108–183) further
amended 38 U.S.C. 5102 and 5103
regarding time limitations relevant to
claimant’s applications. Public Law
108–183 allows VA to decide a claim
before the one-year time limit for
submitting evidence expires.
Under 38 U.S.C. 5103A(e), VA is
directed to prescribe regulations to carry
out the provisions of section 5103A. In
the Federal Register of August 29, 2001
(66 FR 45620), VA issued a final rule
amending 38 CFR part 3, subpart A, to
carry out those and other provisions of
the VCAA with respect to claims for
benefits that are governed by 38 CFR
part 3 (including compensation,
pension, dependency and indemnity
compensation, burial benefits, monetary
benefits ancillary to those benefits, and
special benefits) (66 FR at 45629).
In the Federal Register of April 30,
2008 (73 FR 23353), VA published a
final rule amending provisions in 38
CFR 3.159 that were included in those
2001 regulations. The final rule was
based on the rationale in its preamble
and in the preamble to a proposed rule
that VA published on October 31, 2006
(71 FR 63732). Those amendments were
intended, in part, to clarify when VA
has no duty to provide notice under 38
U.S.C. 5103(a) ‘‘of any information, and
any medical or lay evidence, not
previously provided to the Secretary
that is necessary to substantiate’’ a claim
for benefits. In particular, that rule
included provisions that were intended
to clarify that VA’s receipt of a notice of
disagreement (the means to initiate an
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appeal of a decision on a claim to the
Board of Veterans’ Appeals, under 38
U.S.C. 7105 and 38 CFR 20.200) does
not trigger VA’s duty to provide that
notice. (See 73 FR 23353–23354, 23356;
71 FR 63732–63734.)
In addition, in the Federal Register of
April 5, 2007 (72 FR 16962), VA
published a final rule that included
provisions concerning, among other
matters, VA’s duty to assist claimants
for VA education benefits. The final rule
was based on the rationale in its
preamble and in the preamble to a
proposed rule that VA published in the
Federal Register of February 22, 2006
(71 FR 9196). The final rule’s provisions
concerning VA’s duty to assist claimants
for VA education benefits, which were
adopted without change from those in
the proposed rule, are contained in 38
CFR 21.1031 and 21.1032.
We propose to amend § 21.32 and to
add § 21.33 to describe VA’s
responsibilities for notifying the
claimant of necessary information or
evidence when a claim for vocational
rehabilitation and employment benefits
is filed, the time periods for response by
the claimant or in which VA may take
action in adjudicating the claim, and
VA’s duty to assist claimants in
obtaining evidence. In particular, we are
proposing that VA may decide the claim
if the claimant has not responded to that
notice within 30 days from the date of
the notice, as set forth in proposed
§ 21.32(d). Under that paragraph, if the
claimant subsequently submits the
specified evidence or information
within one year of VA’s request, VA
must readjudicate the claim. We believe
that 30 days is a reasonable time period
for these claimants to respond. It is
specifically supported by our
experience in administering VA’s
vocational rehabilitation programs, and
is the same time for response provided
in other circumstances under those
programs. A claimant may delay VA
action beyond the 30 days by
responding with a request that VA wait
beyond the 30-day period while the
claimant attempts to gather evidence.
The proposed 30-day time period also is
based on administrative concerns, and
is intended to assure that a lack of
response does not unnecessarily delay a
VA decision on the claim.
The proposed rule states that, for
purposes of 38 CFR 21.32 and 21.33, the
term ‘‘application’’ does not include a
notice of disagreement. This is
consistent with the provisions of 38 CFR
3.159(b)(3) as added, effective May 30,
2008, by the April 30, 2008, final rule
(73 FR 23353, 23356), and the
accompanying rationale published by
VA in that rule’s preamble (73 FR
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23353–23354) and in the preamble to
the corresponding proposed rule (71 FR
63732–63734).
The proposed changes to § 21.32 are
also intended to improve readability,
including by removing provisions in
current § 21.32 that we believe are
unnecessary, and to make other
clarifying changes that are
nonsubstantive.
These proposed rules would apply to
the vocational rehabilitation programs
administered by the Secretary and
would apply to claims for vocational
rehabilitation benefits and services filed
on or after the effective date of the final
rule.
Finally, we propose to add § 21.8015
to Subpart M of part 21 to clarify VA’s
responsibilities to claimants who apply
for vocational rehabilitation benefits
and services under that subpart. The
proposed section would provide that
§§ 21.32 and 21.33, which are located in
subpart A, would apply also to claims
for such benefits and services under
subpart M.
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this proposed rule have
been examined and it has been
determined to be a significant regulatory
action under Executive Order 12866
because it may raise novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
Paperwork Reduction Act of 1995
This document contains no provisions
constituting a new collection of
information under the Paperwork
Reduction Act (44 U.S.C. 3501–3521).
The Secretary hereby certifies that
this proposed regulatory amendment
would 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 proposed amendment would
not directly affect any small entities.
Only individuals could be directly
affected. Therefore, pursuant to 5 U.S.C.
605(b), this proposed amendment is
exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
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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
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
1 year. This proposed rule would have
no such effect on State, local, and tribal
governments, or on the private sector.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
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Regulatory Flexibility Act
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs that would be affected by this
proposed rule are 64.116, Vocational
Rehabilitation for Disabled Veterans,
and 64.128, Vocational Training and
Rehabilitation for Vietnam Veterans’
Children with Spina Bifida or Other
Covered Defects.
List of Subjects in 38 CFR Part 21
Administrative practice and
procedure, Armed forces, Civil rights,
Claims, Colleges and universities,
Conflict of interests, Education,
Employment, Grant programseducation, Grant programs-veterans,
Health care, Loan programs-education,
Loan programs-veterans, Manpower
training programs, Reporting and
recordkeeping requirements, Schools,
Travel and transportation expenses,
Veterans, Vocational education,
Vocational rehabilitation.
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Approved: March 21, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons set forth in the
preamble, VA proposes to amend 38
CFR part 21 (subparts A and M) as
follows:
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Subpart A—Vocational Rehabilitation
and Employment Under 38 U.S.C.
Chapter 31
1. The authority citation for part 21,
subpart A is revised to read as follows:
Authority: 38 U.S.C. 501(a), chs. 18, 31,
and as noted in specific sections.
2. The Subpart A heading is revised
as set forth above.
3. Revise § 21.32 to read as follows:
§ 21.32 Notification by VA of necessary
information or evidence when a claim is
filed; time for claimant response and VA
action.
The provisions of this section apply to
claims that are governed by this subpart
or subpart M of this part.
(a) VA has a duty to notify claimants
of necessary information or evidence.
Except when a claim cannot be
substantiated because there is no legal
basis for the claim, or undisputed facts
render the claimant ineligible for the
claimed benefit, when VA receives a
complete or substantially complete
application for vocational rehabilitation
benefits and services provided under
this subpart or subpart M of this part VA
will:
(1) Notify the claimant of any
information and evidence that is
necessary to substantiate the claim;
(2) Inform the claimant which
information and evidence, if any, the
claimant is to provide to VA and which
information and evidence, if any, VA
will try to obtain for the claimant; and
(3) Inform the claimant of the time
limit, as provided in paragraph (c) of
this section, for responding to VA’s
notification, and of actions, as provided
in paragraph (d) of this section, that VA
may take to decide the claim if the
claimant does not respond to such
notification within 30 days.
(b) Definitions for purposes of
§§ 21.32 and 21.33. For purposes of this
section and § 21.33:
(1) The term application does not
include a notice of disagreement.
(2) The term notification means the
notice described in paragraph (a) of this
section.
(3) The term substantially complete
application means, for an individual’s
first application for vocational
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rehabilitation benefits and services
administered by VA, an application
containing:
(i) The claimant’s name;
(ii) His or her relationship to the
veteran, if applicable;
(iii) Sufficient information for VA to
verify the claimed service, if applicable;
and
(iv) The benefit claimed.
(4) The term information means
nonevidentiary facts, such as the
claimant’s Social Security number or
address, or the name of the educational
institution the claimant is attending.
(c) Time limit. Any information and
evidence described in the notification as
information and evidence that the
claimant is to provide must be received
by VA within one year from the date of
the notification. If VA does not receive
the information and evidence from the
claimant within that time period, VA
may adjudicate the claim based on the
information and evidence in the file.
(d) Actions VA may take after 30 days
if no response from claimant. If the
claimant has not responded to the
notification within 30 days, VA may
decide the claim before the expiration of
the one-year period, based on all the
information and evidence in the file,
including information and evidence it
has obtained on behalf of the claimant.
If VA does so, however, and the
claimant subsequently provides the
information and evidence specified in
the notification within one year of the
date of the notification, VA must
readjudicate the claim. If VA’s decision
on a readjudication is favorable to the
claimant, the award of vocational
rehabilitation benefits and services shall
take effect as if the prior decision by VA
on the claim had not been made.
(e) Incomplete applications. If VA
receives an incomplete application for
benefits, it will notify the claimant of
the information necessary to complete
the application and will defer assistance
until the claimant submits this
information. If the information
necessary to complete the application is
not received by VA within one year
from the date of such notice, VA cannot
pay or provide any benefits based on
that application.
(f) Who VA will notify. For the
purpose of this section, when VA seeks
to notify a claimant, it will provide such
notice to:
(1) The claimant;
(2) His or her fiduciary, if any; and
(3) His or her representative, if any.
(Authority: 38 U.S.C. 5102, 5103,
5103A(a)(3))
4. Immediately after § 21.32 and prior
to the cross-reference, add § 21.33, to
read as follows:
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§ 21.33 VA has a duty to assist claimants
in obtaining evidence.
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(ii) The approximate time frame
covered by the records; and
The provisions of this section apply to
(iii) In the case of medical treatment
claims that are governed by this subpart records, the condition for which
or subpart M of this part.
treatment was provided.
(a) VA’s duty to assist begins when VA
(4) If necessary, the claimant must
receives a complete or substantially
authorize the release of existing records
complete application. (1) Except as
in a form acceptable to the person,
provided in paragraph (d) of this
company, agency, or other custodian
section, upon receipt of a complete or
holding the records.
substantially complete application for
(Authority: 38 U.S.C. 5103A)
vocational rehabilitation benefits and
(c) Obtaining records in the custody of
services under this subpart or subpart M
a Federal department or agency. (1)
of this part, VA will:
Subject to paragraphs (c)(2) through
(i) Make reasonable efforts to help a
(c)(4) of this section, VA will make as
claimant obtain evidence necessary to
many requests as are necessary to obtain
substantiate the claim; and
relevant records from a Federal
(ii) Give the assistance described in
department or agency. These records
paragraphs (b) and (c) of this section to
include but are not limited to:
an individual attempting to reopen a
(i) Military records;
finally decided claim.
(ii) Medical and other records from
(2) VA will not pay any fees a
VA medical facilities;
custodian of records may charge to
(iii) Records from non-VA facilities
provide the records VA requests.
providing examination or treatment at
(Authority: 38 U.S.C. 5103A)
VA expense; and
(b) Obtaining records not in the
(iv) Records from other Federal
custody of a Federal department or
agencies.
agency. (1) VA will make reasonable
(2) VA will cease its efforts to obtain
efforts to obtain relevant records not in
records from a Federal department or
the custody of a Federal department or
agency only if VA concludes that the
agency. These records include relevant
records sought do not exist or that
records from:
further efforts to obtain those records
(i) State or local governments;
would be futile. Cases in which VA may
(ii) Private medical care providers;
conclude that no further efforts are
(iii) Current or former employers; and required include cases in which the
(iv) Other non-Federal governmental
Federal department or agency advises
sources.
VA that the requested records do not
(2) The reasonable efforts described in exist or that the custodian of such
paragraph (b)(1) of this section will
records does not have them.
generally consist of an initial request for
(3) The claimant must cooperate fully
the records and, if VA does not receive
with VA’s reasonable efforts to obtain
the records, at least one follow-up
relevant records from Federal
request. The following are exceptions to department or agency custodians. At
this provision concerning the number of VA’s request, the claimant must provide
requests that VA generally will make:
enough information to identify and
(i) VA will not make a follow-up
locate the existing records, including:
request if a response to the initial
(i) The custodian or agency holding
request indicates that the records sought the records;
do not exist or that a follow-up request
(ii) The approximate time frame
for the records would be futile.
covered by the records; and
(ii) If VA receives information
(iii) In the case of medical treatment
showing that subsequent requests to this records, the condition for which
or another custodian could result in
treatment was provided.
obtaining the records sought, reasonable
(4) If necessary, the claimant must
efforts will include an initial request
authorize the release of existing records
and, if VA does not receive the records,
in a form acceptable to the custodian or
at least one follow-up request to the new agency holding the records.
source or an additional request to the
(Authority: 38 U.S.C. 5103A)
original source.
(d) Circumstances where VA will
(3) The claimant must cooperate fully
refrain from or discontinue providing
with VA’s reasonable efforts to obtain
assistance. VA will refrain from
relevant records from non-Federal
providing assistance in obtaining
agency or department custodians. The
evidence for a claim if the substantially
claimant must provide enough
complete or complete application for
information to identify and locate the
benefits indicates that there is no
existing records, including:
(i) The person, company, agency, or
reasonable possibility that any
other custodian holding the records;
assistance VA would provide to the
PO 00000
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Federal Register / Vol. 73, No. 127 / Tuesday, July 1, 2008 / Proposed Rules
claimant would substantiate the claim.
VA will discontinue providing
assistance in obtaining evidence for a
claim if the evidence obtained indicates
that there is no reasonable possibility
that further assistance would
substantiate the claim. Circumstances in
which VA will refrain from or
discontinue providing assistance in
obtaining evidence include but are not
limited to:
(1) The claimant’s ineligibility for the
benefit sought because of lack of
qualifying service, lack of veteran status,
or other lack of legal eligibility;
(2) Claims that are inherently not
credible or clearly lack merit;
(3) An application requesting a benefit
to which the claimant is not entitled as
a matter of law; and
(4) The claimant’s lack of cooperation
in providing or requesting information
or evidence necessary to substantiate
the claim.
(Authority: 38 U.S.C. 5103A)
sroberts on PROD1PC70 with PROPOSALS
(e) Duty to notify claimant of inability
to obtain records. (1) VA will notify the
claimant either orally or in writing
when VA:
(i) Has made reasonable efforts to
obtain relevant non-Federal records, but
is unable to obtain them; or
(ii) After continued efforts to obtain
Federal records, concludes that it is
reasonably certain they do not exist or
VerDate Aug<31>2005
14:54 Jun 30, 2008
Jkt 214001
that further efforts to obtain them would
be futile.
(2) For non-Federal records requests,
VA may provide the notice to the
claimant at the same time it makes its
final attempt to obtain the relevant
records.
(3) VA will make a written record of
any oral notice conveyed under this
paragraph to the claimant.
(4) The notice to the claimant must
contain the following information:
(i) The identity of the records VA was
unable to obtain;
(ii) An explanation of the efforts VA
made to obtain the records;
(iii) The fact described in paragraph
(e)(1)(i) or (e)(1)(ii) of this section;
(iv) A description of any further
action VA will take regarding the claim,
including, but not limited to, notice that
VA will decide the claim based on the
evidence of record unless the claimant
submits the records VA was unable to
obtain; and
(v) A notice that the claimant is
ultimately responsible for obtaining the
evidence.
(5) If VA becomes aware of the
existence of relevant records before
deciding the claim, VA will notify the
claimant of the existence of such
records and ask that the claimant
provide a release for the records. If the
claimant does not provide any necessary
release of the relevant records that VA
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
is unable to obtain, VA will ask that the
claimant obtain the records and provide
them to VA.
(6) For the purpose of this section, if
VA must notify the claimant, VA will
provide notice to:
(i) The claimant;
(ii) His or her fiduciary, if any; and
(iii) His or her representative, if any.
(Authority: 38 U.S.C. 5102, 5103(a), 5103A)
Subpart M—Vocational Training and
Rehabilitation for Certain Children of
Vietnam Veterans—Spina Bifida and
Covered Birth Defects
5. The authority citation for part 21,
subpart M continues to read as follows:
Authority: 38 U.S.C. 101, 501, 512, 1151
note, ch. 18, 5112, and as noted in specific
sections.
6. Add § 21.8015 to read as follows:
§ 21.8015 Notification by VA of necessary
information or evidence when a claim is
filed; time for claimant response and VA
action; and VA’s duty to assist claimants in
obtaining evidence.
The provisions of §§ 21.32 and 21.33
of subpart A of this part also apply to
claims for benefits and services under
this subpart.
[FR Doc. E8–14823 Filed 6–30–08; 8:45 am]
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[Federal Register Volume 73, Number 127 (Tuesday, July 1, 2008)]
[Proposed Rules]
[Pages 37402-37406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14823]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AM91
Vocational Rehabilitation and Employment Program--Duty To Assist
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the vocational rehabilitation
and employment regulations of the Department of Veterans Affairs (VA)
concerning VA's responsibility to provide notification regarding
information or evidence needed for an individual to substantiate a
claim for vocational rehabilitation benefits and services, and
regarding applicable time periods. VA's duty to assist claimants in
substantiating their claims for benefits is expanded by The Veterans
Claims Assistance Act of 2000, and is
[[Page 37403]]
incorporated in this rulemaking. Specifically, upon receipt of a
substantially complete application for benefits, VA will make
reasonable efforts to help the claimant obtain the evidence necessary
to substantiate the claim. In addition, VA proposes to make changes to
improve readability and other clarifying changes that are
nonsubstantive.
DATES: Comments must be received on or before September 2, 2008.
ADDRESSES: Written comments may be submitted through https://
www.Regulations.gov; by mail or hand-delivery to the Director,
Regulations Management (00REG), Department of Veterans Affairs, 810
Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202)
273-9026. Comments should indicate that they are submitted in response
to ``RIN 2900-AM91--Vocational Rehabilitation and Employment Program--
Duty to Assist.'' Copies of comments received will be available for
public inspection in the Office of Regulation Policy and Management,
Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call (202) 461-4902 for an
appointment. This is not a toll free phone number. In addition, during
the comment period, comments may be viewed online through the Federal
Docket Management System (FDMS) at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Alvin Bauman, Senior Policy Analyst,
Vocational Rehabilitation and Employment Service (28), Veterans
Benefits Administration, Department of Veterans Affairs, 810 Vermont
Ave., NW., Washington, DC 20420, (202) 461-9613.
SUPPLEMENTARY INFORMATION: In 38 CFR part 21, Subpart A--Vocational
Rehabilitation Under 38 U.S.C. Chapter 31, we propose to amend VA's
regulations concerning claims for vocational rehabilitation and
employment benefits and services, by amending 38 CFR 21.32 and adding
Sec. 21.33 with regard to VA's duty to assist claimants and applicable
time limits. Those provisions would apply to claimants for such
benefits and services under 38 U.S.C. chapter 31, Training and
Rehabilitation for Veterans with Service-Connected Disabilities and 38
U.S.C. chapter 18, Benefits for Children of Vietnam Veterans and
Certain Other Veterans.
The Veterans Claims Assistance Act of 2000 (Pub. L. 106-475)
(VCAA), enacted November 9, 2000, included provisions amending 38
U.S.C. 5102 and 5103 and adding new sections 38 U.S.C. 5100 and 5103A,
pertaining to VA's duty to assist claimants in obtaining evidence in
support of claims for benefits. Upon receipt of a substantially
complete application for benefits, VA's duty under the VCAA is to make
reasonable efforts to help the claimant obtain the evidence necessary
to substantiate the claim. This effort is commonly referred to as the
``duty to assist.'' VA will refrain from providing assistance in
obtaining evidence for a claim if the substantially complete
application for benefits indicates that there is no reasonable
possibility that any assistance VA would provide to the claimant would
substantiate the claim. Similarly, VA will discontinue providing
assistance in obtaining evidence for a claim if the evidence obtained
indicates that there is no reasonable possibility that further
assistance would substantiate the claim. Finally, VA will not consider
the receipt of a notice of disagreement relating to a claim as an
``application'' for benefits that would trigger its duty to assist.
Section 701 of the Veterans Benefits Act of 2003 (Pub. L. 108-183)
further amended 38 U.S.C. 5102 and 5103 regarding time limitations
relevant to claimant's applications. Public Law 108-183 allows VA to
decide a claim before the one-year time limit for submitting evidence
expires.
Under 38 U.S.C. 5103A(e), VA is directed to prescribe regulations
to carry out the provisions of section 5103A. In the Federal Register
of August 29, 2001 (66 FR 45620), VA issued a final rule amending 38
CFR part 3, subpart A, to carry out those and other provisions of the
VCAA with respect to claims for benefits that are governed by 38 CFR
part 3 (including compensation, pension, dependency and indemnity
compensation, burial benefits, monetary benefits ancillary to those
benefits, and special benefits) (66 FR at 45629).
In the Federal Register of April 30, 2008 (73 FR 23353), VA
published a final rule amending provisions in 38 CFR 3.159 that were
included in those 2001 regulations. The final rule was based on the
rationale in its preamble and in the preamble to a proposed rule that
VA published on October 31, 2006 (71 FR 63732). Those amendments were
intended, in part, to clarify when VA has no duty to provide notice
under 38 U.S.C. 5103(a) ``of any information, and any medical or lay
evidence, not previously provided to the Secretary that is necessary to
substantiate'' a claim for benefits. In particular, that rule included
provisions that were intended to clarify that VA's receipt of a notice
of disagreement (the means to initiate an appeal of a decision on a
claim to the Board of Veterans' Appeals, under 38 U.S.C. 7105 and 38
CFR 20.200) does not trigger VA's duty to provide that notice. (See 73
FR 23353-23354, 23356; 71 FR 63732-63734.)
In addition, in the Federal Register of April 5, 2007 (72 FR
16962), VA published a final rule that included provisions concerning,
among other matters, VA's duty to assist claimants for VA education
benefits. The final rule was based on the rationale in its preamble and
in the preamble to a proposed rule that VA published in the Federal
Register of February 22, 2006 (71 FR 9196). The final rule's provisions
concerning VA's duty to assist claimants for VA education benefits,
which were adopted without change from those in the proposed rule, are
contained in 38 CFR 21.1031 and 21.1032.
We propose to amend Sec. 21.32 and to add Sec. 21.33 to describe
VA's responsibilities for notifying the claimant of necessary
information or evidence when a claim for vocational rehabilitation and
employment benefits is filed, the time periods for response by the
claimant or in which VA may take action in adjudicating the claim, and
VA's duty to assist claimants in obtaining evidence. In particular, we
are proposing that VA may decide the claim if the claimant has not
responded to that notice within 30 days from the date of the notice, as
set forth in proposed Sec. 21.32(d). Under that paragraph, if the
claimant subsequently submits the specified evidence or information
within one year of VA's request, VA must readjudicate the claim. We
believe that 30 days is a reasonable time period for these claimants to
respond. It is specifically supported by our experience in
administering VA's vocational rehabilitation programs, and is the same
time for response provided in other circumstances under those programs.
A claimant may delay VA action beyond the 30 days by responding with a
request that VA wait beyond the 30-day period while the claimant
attempts to gather evidence. The proposed 30-day time period also is
based on administrative concerns, and is intended to assure that a lack
of response does not unnecessarily delay a VA decision on the claim.
The proposed rule states that, for purposes of 38 CFR 21.32 and
21.33, the term ``application'' does not include a notice of
disagreement. This is consistent with the provisions of 38 CFR
3.159(b)(3) as added, effective May 30, 2008, by the April 30, 2008,
final rule (73 FR 23353, 23356), and the accompanying rationale
published by VA in that rule's preamble (73 FR
[[Page 37404]]
23353-23354) and in the preamble to the corresponding proposed rule (71
FR 63732-63734).
The proposed changes to Sec. 21.32 are also intended to improve
readability, including by removing provisions in current Sec. 21.32
that we believe are unnecessary, and to make other clarifying changes
that are nonsubstantive.
These proposed rules would apply to the vocational rehabilitation
programs administered by the Secretary and would apply to claims for
vocational rehabilitation benefits and services filed on or after the
effective date of the final rule.
Finally, we propose to add Sec. 21.8015 to Subpart M of part 21 to
clarify VA's responsibilities to claimants who apply for vocational
rehabilitation benefits and services under that subpart. The proposed
section would provide that Sec. Sec. 21.32 and 21.33, which are
located in subpart A, would apply also to claims for such benefits and
services under subpart M.
Paperwork Reduction Act of 1995
This document contains no provisions constituting a new collection
of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
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 issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any 1 year. This proposed rule would have no such effect
on State, local, and tribal governments, or on the private sector.
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action,'' requiring review
by the Office of Management and Budget (OMB) unless OMB waives such
review, as any regulatory action that is likely to result in a rule
that may: (1) Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
The economic, interagency, budgetary, legal, and policy
implications of this proposed rule have been examined and it has been
determined to be a significant regulatory action under Executive Order
12866 because it may raise novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in the Executive Order.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed regulatory
amendment would 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 proposed amendment would not
directly affect any small entities. Only individuals could be directly
affected. Therefore, pursuant to 5 U.S.C. 605(b), this proposed
amendment 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 that would be affected by this proposed rule are 64.116,
Vocational Rehabilitation for Disabled Veterans, and 64.128, Vocational
Training and Rehabilitation for Vietnam Veterans' Children with Spina
Bifida or Other Covered Defects.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Education,
Employment, Grant programs-education, Grant programs-veterans, Health
care, Loan programs-education, Loan programs-veterans, Manpower
training programs, Reporting and recordkeeping requirements, Schools,
Travel and transportation expenses, Veterans, Vocational education,
Vocational rehabilitation.
Approved: March 21, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons set forth in the preamble, VA proposes to amend 38
CFR part 21 (subparts A and M) as follows:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart A--Vocational Rehabilitation and Employment Under 38 U.S.C.
Chapter 31
1. The authority citation for part 21, subpart A is revised to read
as follows:
Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in
specific sections.
2. The Subpart A heading is revised as set forth above.
3. Revise Sec. 21.32 to read as follows:
Sec. 21.32 Notification by VA of necessary information or evidence
when a claim is filed; time for claimant response and VA action.
The provisions of this section apply to claims that are governed by
this subpart or subpart M of this part.
(a) VA has a duty to notify claimants of necessary information or
evidence. Except when a claim cannot be substantiated because there is
no legal basis for the claim, or undisputed facts render the claimant
ineligible for the claimed benefit, when VA receives a complete or
substantially complete application for vocational rehabilitation
benefits and services provided under this subpart or subpart M of this
part VA will:
(1) Notify the claimant of any information and evidence that is
necessary to substantiate the claim;
(2) Inform the claimant which information and evidence, if any, the
claimant is to provide to VA and which information and evidence, if
any, VA will try to obtain for the claimant; and
(3) Inform the claimant of the time limit, as provided in paragraph
(c) of this section, for responding to VA's notification, and of
actions, as provided in paragraph (d) of this section, that VA may take
to decide the claim if the claimant does not respond to such
notification within 30 days.
(b) Definitions for purposes of Sec. Sec. 21.32 and 21.33. For
purposes of this section and Sec. 21.33:
(1) The term application does not include a notice of disagreement.
(2) The term notification means the notice described in paragraph
(a) of this section.
(3) The term substantially complete application means, for an
individual's first application for vocational
[[Page 37405]]
rehabilitation benefits and services administered by VA, an application
containing:
(i) The claimant's name;
(ii) His or her relationship to the veteran, if applicable;
(iii) Sufficient information for VA to verify the claimed service,
if applicable; and
(iv) The benefit claimed.
(4) The term information means nonevidentiary facts, such as the
claimant's Social Security number or address, or the name of the
educational institution the claimant is attending.
(c) Time limit. Any information and evidence described in the
notification as information and evidence that the claimant is to
provide must be received by VA within one year from the date of the
notification. If VA does not receive the information and evidence from
the claimant within that time period, VA may adjudicate the claim based
on the information and evidence in the file.
(d) Actions VA may take after 30 days if no response from claimant.
If the claimant has not responded to the notification within 30 days,
VA may decide the claim before the expiration of the one-year period,
based on all the information and evidence in the file, including
information and evidence it has obtained on behalf of the claimant. If
VA does so, however, and the claimant subsequently provides the
information and evidence specified in the notification within one year
of the date of the notification, VA must readjudicate the claim. If
VA's decision on a readjudication is favorable to the claimant, the
award of vocational rehabilitation benefits and services shall take
effect as if the prior decision by VA on the claim had not been made.
(e) Incomplete applications. If VA receives an incomplete
application for benefits, it will notify the claimant of the
information necessary to complete the application and will defer
assistance until the claimant submits this information. If the
information necessary to complete the application is not received by VA
within one year from the date of such notice, VA cannot pay or provide
any benefits based on that application.
(f) Who VA will notify. For the purpose of this section, when VA
seeks to notify a claimant, it will provide such notice to:
(1) The claimant;
(2) His or her fiduciary, if any; and
(3) His or her representative, if any.
(Authority: 38 U.S.C. 5102, 5103, 5103A(a)(3))
4. Immediately after Sec. 21.32 and prior to the cross-reference,
add Sec. 21.33, to read as follows:
Sec. 21.33 VA has a duty to assist claimants in obtaining evidence.
The provisions of this section apply to claims that are governed by
this subpart or subpart M of this part.
(a) VA's duty to assist begins when VA receives a complete or
substantially complete application. (1) Except as provided in paragraph
(d) of this section, upon receipt of a complete or substantially
complete application for vocational rehabilitation benefits and
services under this subpart or subpart M of this part, VA will:
(i) Make reasonable efforts to help a claimant obtain evidence
necessary to substantiate the claim; and
(ii) Give the assistance described in paragraphs (b) and (c) of
this section to an individual attempting to reopen a finally decided
claim.
(2) VA will not pay any fees a custodian of records may charge to
provide the records VA requests.
(Authority: 38 U.S.C. 5103A)
(b) Obtaining records not in the custody of a Federal department or
agency. (1) VA will make reasonable efforts to obtain relevant records
not in the custody of a Federal department or agency. These records
include relevant records from:
(i) State or local governments;
(ii) Private medical care providers;
(iii) Current or former employers; and
(iv) Other non-Federal governmental sources.
(2) The reasonable efforts described in paragraph (b)(1) of this
section will generally consist of an initial request for the records
and, if VA does not receive the records, at least one follow-up
request. The following are exceptions to this provision concerning the
number of requests that VA generally will make:
(i) VA will not make a follow-up request if a response to the
initial request indicates that the records sought do not exist or that
a follow-up request for the records would be futile.
(ii) If VA receives information showing that subsequent requests to
this or another custodian could result in obtaining the records sought,
reasonable efforts will include an initial request and, if VA does not
receive the records, at least one follow-up request to the new source
or an additional request to the original source.
(3) The claimant must cooperate fully with VA's reasonable efforts
to obtain relevant records from non-Federal agency or department
custodians. The claimant must provide enough information to identify
and locate the existing records, including:
(i) The person, company, agency, or other custodian holding the
records;
(ii) The approximate time frame covered by the records; and
(iii) In the case of medical treatment records, the condition for
which treatment was provided.
(4) If necessary, the claimant must authorize the release of
existing records in a form acceptable to the person, company, agency,
or other custodian holding the records.
(Authority: 38 U.S.C. 5103A)
(c) Obtaining records in the custody of a Federal department or
agency. (1) Subject to paragraphs (c)(2) through (c)(4) of this
section, VA will make as many requests as are necessary to obtain
relevant records from a Federal department or agency. These records
include but are not limited to:
(i) Military records;
(ii) Medical and other records from VA medical facilities;
(iii) Records from non-VA facilities providing examination or
treatment at VA expense; and
(iv) Records from other Federal agencies.
(2) VA will cease its efforts to obtain records from a Federal
department or agency only if VA concludes that the records sought do
not exist or that further efforts to obtain those records would be
futile. Cases in which VA may conclude that no further efforts are
required include cases in which the Federal department or agency
advises VA that the requested records do not exist or that the
custodian of such records does not have them.
(3) The claimant must cooperate fully with VA's reasonable efforts
to obtain relevant records from Federal department or agency
custodians. At VA's request, the claimant must provide enough
information to identify and locate the existing records, including:
(i) The custodian or agency holding the records;
(ii) The approximate time frame covered by the records; and
(iii) In the case of medical treatment records, the condition for
which treatment was provided.
(4) If necessary, the claimant must authorize the release of
existing records in a form acceptable to the custodian or agency
holding the records.
(Authority: 38 U.S.C. 5103A)
(d) Circumstances where VA will refrain from or discontinue
providing assistance. VA will refrain from providing assistance in
obtaining evidence for a claim if the substantially complete or
complete application for benefits indicates that there is no reasonable
possibility that any assistance VA would provide to the
[[Page 37406]]
claimant would substantiate the claim. VA will discontinue providing
assistance in obtaining evidence for a claim if the evidence obtained
indicates that there is no reasonable possibility that further
assistance would substantiate the claim. Circumstances in which VA will
refrain from or discontinue providing assistance in obtaining evidence
include but are not limited to:
(1) The claimant's ineligibility for the benefit sought because of
lack of qualifying service, lack of veteran status, or other lack of
legal eligibility;
(2) Claims that are inherently not credible or clearly lack merit;
(3) An application requesting a benefit to which the claimant is
not entitled as a matter of law; and
(4) The claimant's lack of cooperation in providing or requesting
information or evidence necessary to substantiate the claim.
(Authority: 38 U.S.C. 5103A)
(e) Duty to notify claimant of inability to obtain records. (1) VA
will notify the claimant either orally or in writing when VA:
(i) Has made reasonable efforts to obtain relevant non-Federal
records, but is unable to obtain them; or
(ii) After continued efforts to obtain Federal records, concludes
that it is reasonably certain they do not exist or that further efforts
to obtain them would be futile.
(2) For non-Federal records requests, VA may provide the notice to
the claimant at the same time it makes its final attempt to obtain the
relevant records.
(3) VA will make a written record of any oral notice conveyed under
this paragraph to the claimant.
(4) The notice to the claimant must contain the following
information:
(i) The identity of the records VA was unable to obtain;
(ii) An explanation of the efforts VA made to obtain the records;
(iii) The fact described in paragraph (e)(1)(i) or (e)(1)(ii) of
this section;
(iv) A description of any further action VA will take regarding the
claim, including, but not limited to, notice that VA will decide the
claim based on the evidence of record unless the claimant submits the
records VA was unable to obtain; and
(v) A notice that the claimant is ultimately responsible for
obtaining the evidence.
(5) If VA becomes aware of the existence of relevant records before
deciding the claim, VA will notify the claimant of the existence of
such records and ask that the claimant provide a release for the
records. If the claimant does not provide any necessary release of the
relevant records that VA is unable to obtain, VA will ask that the
claimant obtain the records and provide them to VA.
(6) For the purpose of this section, if VA must notify the
claimant, VA will provide notice to:
(i) The claimant;
(ii) His or her fiduciary, if any; and
(iii) His or her representative, if any.
(Authority: 38 U.S.C. 5102, 5103(a), 5103A)
Subpart M--Vocational Training and Rehabilitation for Certain
Children of Vietnam Veterans--Spina Bifida and Covered Birth
Defects
5. The authority citation for part 21, subpart M continues to read
as follows:
Authority: 38 U.S.C. 101, 501, 512, 1151 note, ch. 18, 5112, and
as noted in specific sections.
6. Add Sec. 21.8015 to read as follows:
Sec. 21.8015 Notification by VA of necessary information or evidence
when a claim is filed; time for claimant response and VA action; and
VA's duty to assist claimants in obtaining evidence.
The provisions of Sec. Sec. 21.32 and 21.33 of subpart A of this
part also apply to claims for benefits and services under this subpart.
[FR Doc. E8-14823 Filed 6-30-08; 8:45 am]
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