Summary of a Precedent Opinion of the General Counsel, 64182-64183 [2019-25113]
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64182
Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
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VerDate Sep<11>2014
17:21 Nov 19, 2019
Jkt 250001
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John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2019–25138 Filed 11–19–19; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF VETERANS
AFFAIRS
Summary of a Precedent Opinion of
the General Counsel
Department of Veterans Affairs.
Notice.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is publishing a summary of
a legal interpretation issued by the
Office of the General Counsel (OGC)
involving crediting certain veterans for
their payment of the statutory funding
fee. This interpretation is considered
precedential by VA and will be followed
by VA officials and employees in
matters involving the same legal issues.
This summary is published to provide
the public with notice of VA’s
interpretations regarding the legal
matters at issue.
FOR FURTHER INFORMATION CONTACT: Ms.
Suzanne Hill, Law Librarian,
Department of Veterans Affairs, Office
of the General Counsel, 810 Vermont
Avenue NW, Washington, DC 20420,
(202) 461–7624.
SUPPLEMENTARY INFORMATION: A VA
regulation at 38 Code of Federal
Regulation 2.6(e)(8) delegates to the VA
General Counsel, the power to designate
an opinion as precedential, and 38 CFR
14.507(b) specifies that precedential
opinions are binding on VA officials
and employees in subsequent matters
involving the legal issue decided in the
precedent opinion. The interpretation of
the General Counsel on legal matters
contained in such opinions is
conclusive as to all VA officials and
employees not only in the matter at
issue but also in subsequent matters
unless there has been a material change
in a controlling statute or regulation or
a superseding written legal opinion of
the General Counsel or a judicial
decision. 38 CFR 14.507(b). VA
publishes summaries of such opinions
in order to provide the public with
notice of those interpretations of the
SUMMARY:
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
General Counsel that must be followed
in future matters. 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: https://www.va.gov/ogc/precedent
opinions.asp.
VAOPGCPREC 2–2019
Questions Presented
1. Does VA have legal authority to
issue a refund of a funding fee collected
under 38 United States Code 3729 when
the requirements for waiver of the fee
under section 3729(c) are met?
2. If yes, to whom and under what
circumstances?
3. Is a refund determination subject to
the Veterans Appeals Improvement and
Modernization Act of 2017 (AMA)?
Held
1. Yes. If VA determines that veterans
impermissibly incurred funding fees
due to overt error, systems limitations,
or process limitations, VA should
promptly credit such veterans for the
fees they incurred. Additionally, VA
must refund a funding fee if a later-intime award of disability compensation
is effective as of a date that is on or
before the date the funding fee was
collected.
2. We believe a claim for remittance
of a funding fee that was improperly
assessed or that may now be refunded
due to an intervening retroactive award
of service-connected benefits is similar
to the types of claims that the U.S. Court
of Appeals for Veterans Claims has
found not to be claims for benefits.
Since a claim for a refund is not a claim
for benefits, VA should promulgate
rules clarifying VA’s policy and
procedures for processing claims for
refunds. VA should continue to issue
refunds whenever VA determines on its
own, or if a veteran provides
documentation, that a refund is due.
3. The three-lane review scheme of
the AMA applies to claims for
‘‘benefits’’; VA is not required to make
all three AMA review options available
with respect to determinations not
involving benefit claims. VA could
choose to make higher-level review
processes for supplemental claims or
make similar processes available for
decisions concerning requests for refund
of the funding fee.
Effective Date: June 25, 2019.
Richard J. Hipolit,
Principal Deputy General Counsel
E:\FR\FM\20NON1.SGM
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
Signing Authority: The Secretary of
Veterans Affairs, or designee, approved
this document and authorized the
undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of Veterans Affairs. Pamela J. Powers,
the Chief of Staff of Veterans Affairs,
64183
approved this document on November
13, 2019, for publication.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2019–25113 Filed 11–19–19; 8:45 am]
BILLING CODE 8320–01–P
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17:21 Nov 19, 2019
Jkt 250001
PO 00000
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E:\FR\FM\20NON1.SGM
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Agencies
[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64182-64183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25113]
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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 Office of the General
Counsel (OGC) involving crediting certain veterans for their payment of
the statutory funding fee. This interpretation is considered
precedential by VA and will be followed by VA officials and employees
in matters involving the same legal issues. This summary is published
to provide the public with notice of VA's interpretations regarding the
legal matters at issue.
FOR FURTHER INFORMATION CONTACT: Ms. Suzanne Hill, Law Librarian,
Department of Veterans Affairs, Office of the General Counsel, 810
Vermont Avenue NW, Washington, DC 20420, (202) 461-7624.
SUPPLEMENTARY INFORMATION: A VA regulation at 38 Code of Federal
Regulation 2.6(e)(8) delegates to the VA General Counsel, the power to
designate an opinion as precedential, and 38 CFR 14.507(b) specifies
that precedential opinions are binding on VA officials and employees in
subsequent matters involving the legal issue decided in the precedent
opinion. The interpretation of the General Counsel on legal matters
contained in such opinions is conclusive as to all VA officials and
employees not only in the matter at issue but also in subsequent
matters unless there has been a material change in a controlling
statute or regulation or a superseding written legal opinion of the
General Counsel or a judicial decision. 38 CFR 14.507(b). 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 matters. 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: https://www.va.gov/ogc/precedentopinions.asp.
VAOPGCPREC 2-2019
Questions Presented
1. Does VA have legal authority to issue a refund of a funding fee
collected under 38 United States Code 3729 when the requirements for
waiver of the fee under section 3729(c) are met?
2. If yes, to whom and under what circumstances?
3. Is a refund determination subject to the Veterans Appeals
Improvement and Modernization Act of 2017 (AMA)?
Held
1. Yes. If VA determines that veterans impermissibly incurred
funding fees due to overt error, systems limitations, or process
limitations, VA should promptly credit such veterans for the fees they
incurred. Additionally, VA must refund a funding fee if a later-in-time
award of disability compensation is effective as of a date that is on
or before the date the funding fee was collected.
2. We believe a claim for remittance of a funding fee that was
improperly assessed or that may now be refunded due to an intervening
retroactive award of service-connected benefits is similar to the types
of claims that the U.S. Court of Appeals for Veterans Claims has found
not to be claims for benefits. Since a claim for a refund is not a
claim for benefits, VA should promulgate rules clarifying VA's policy
and procedures for processing claims for refunds. VA should continue to
issue refunds whenever VA determines on its own, or if a veteran
provides documentation, that a refund is due.
3. The three-lane review scheme of the AMA applies to claims for
``benefits''; VA is not required to make all three AMA review options
available with respect to determinations not involving benefit claims.
VA could choose to make higher-level review processes for supplemental
claims or make similar processes available for decisions concerning
requests for refund of the funding fee.
Effective Date: June 25, 2019.
Richard J. Hipolit,
Principal Deputy General Counsel
[[Page 64183]]
Signing Authority: The Secretary of Veterans Affairs, or designee,
approved this document and authorized the undersigned to sign and
submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs. Pamela J. Powers, the Chief of Staff of Veterans
Affairs, approved this document on November 13, 2019, for publication.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
the Secretary, Department of Veterans Affairs.
[FR Doc. 2019-25113 Filed 11-19-19; 8:45 am]
BILLING CODE 8320-01-P