Active Service Pay, 86058-86062 [2023-27176]
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
upper, middle, and lower sections of
river. The Superintendent will notify
the public of the designated access
points in accordance with § 1.7 of this
chapter.
(6) Operating a motorized vessel in a
manner not allowed by this paragraph
(b) is prohibited.
(7) The Superintendent may restrict or
impose conditions on the use of
motorized vessels, or close any portion
of the Riverways to motorized vessels,
after taking into consideration public
safety, protection or park resources,
weather conditions and park
management objectives. The
Superintendent will provide notice of
any such action in accordance with § 1.7
of this chapter. A violation of any such
restriction, condition, or closure is
prohibited.
*
*
*
*
*
Matthew J. Strickler,
Deputy Assistant Secretary Exercising the
Delegated Authority of the Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2023–27168 Filed 12–11–23; 8:45 am]
BILLING CODE 4312–52–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 385
[Docket No. Docket No. 23–CRB–0014–PR–
COLA (2024)]
Cost of Living Adjustment to Royalty
Rates and Terms for Making and
Distributing Phonorecords
license for making and distributing
phonorecords of nondramatic musical
works. On December 16, 2022, the
Copyright Royalty Judges (Judges)
adopted final regulations that set rates
and terms applicable for the statutory
license for making and distributing
phonorecords of nondramatic musical
works. See 87 FR 76942.
Pursuant to those regulations, at least
25 days before January 1 of each year,
the Judges shall publish in the Federal
Register notice of a cost of living
adjustment (COLA) applicable to the
royalty fees for making and distributing
physical phonorecords and Permanent
Downloads. 37 CFR 385.11.
The royalty fee shall be adjusted to
reflect any changes occurring in the cost
of living as determined by the most
recent Consumer Price Index for All
Urban Consumers (U.S. City Average, all
items) (CPI–U) published by the
Secretary of Labor before December 1 of
the preceding year. The calculation of
the rate for each year shall be
cumulative based on a calculation of the
percentage increase in the CPI–U from
the CPI–U published in November, 2022
(the Base Rate) and shall be made
according to the following formulas: for
the per-work rate, (1 + (Cy ¥ Base
Rate)/Base Rate) × 12¢, rounded to the
nearest tenth of a cent; for the perminute rate, (1 + (Cy ¥ Base Rate)/Base
Rate) × 2.31¢, rounded to the nearest
hundredth of a cent; where Cy is the
CPI–U published by the Secretary of
Labor before December 1 of the
preceding year. 37 CFR 385.11(a)(2).
List of Subjects in 37 CFR Part 385
Copyright, Phonorecords, Recordings.
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule; cost of living
adjustment.
AGENCY:
Final Regulations
In consideration of the foregoing, the
Judges amend part 385 of title 37 of the
Code of Federal Regulations as follows:
The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) in the royalty rates for the
statutory license for making and
distributing phonorecords of
nondramatic musical works regarding
physical phonorecords and Permanent
Downloads.
SUMMARY:
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DATES:
Effective date: December 12, 2023.
Applicability date: These rates and
terms are applicable during the period
from January 1, 2024, through December
31, 2024.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, Program Specialist, (202)
707–7658, crb@loc.gov.
SUPPLEMENTARY INFORMATION: Section
115 of the Copyright Act, title 17 of the
United States Code, creates a statutory
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PART 385—RATES AND TERMS FOR
USE OF NONDRAMATIC MUSICAL
WORKS IN THE MAKING AND
DISTRIBUTING OF PHYSICAL AND
DIGITAL PHONORECORDS
1. The authority citation for part 385
continues to read as follows:
■
Authority: 17 U.S.C. 115, 801(b)(1),
804(b)(4).
2. Section 385.11 is amended by
revising paragraph (a)(1) to read as
follows:
■
§ 385.11 Royalty fees for the public
performance of sound recordings and the
making of ephemeral recordings.
(a) * * *
(1) 2024 rate. For the year 2024 for
every physical phonorecord and
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Permanent Download the Licensee
makes and distributes or authorizes to
be made and distributed, the royalty rate
payable for each work embodied in the
phonorecord or Permanent Download
shall be either 12.40 cents or 2.39 cents
per minute of playing time or fraction
thereof, whichever amount is larger.
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*
Dated: December 7, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023–27290 Filed 12–8–23; 11:15 am]
BILLING CODE 1410–72–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AP86
Active Service Pay
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its adjudication
regulations to permit VA to adjust
disability compensation payments
under certain circumstances upon
receipt of notice from the Department of
Defense (DoD) that the veteran has
received or is receiving active service
pay. The effect of this action is to reduce
overpayments and erroneous payments
associated with receipt of VA disability
compensation and DoD active service
pay by allowing VA to make necessary
adjustments as close in time to the
receipt of active service pay as possible.
Additionally, the amendments will
allow VA to resume payments
discontinued due to receipt of active
service pay based on information
received from DoD. The amendments
will also clarify how VA adjudicates
benefit adjustments based on a veteran’s
receipt of active service pay for certain
types of service.
DATES: Effective Date: This rule is
effective January 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Robert Parks, Chief, Regulations Staff
(211C), Compensation Service (21C),
Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 461–9540. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On April
19, 2019, VA published a proposed rule
in the Federal Register at 84 FR 16421
to amend 38 CFR 3.103 and 3.654 to
permit VA to suspend disability
compensation payments upon receipt of
SUMMARY:
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notice from DoD that the veteran has
received or is receiving active service
pay and to clarify how VA adjudicates
benefit adjustments based on receipt of
active service pay for certain types of
service. Section 5304(c) of title 38,
United States Code, provides that
pension, compensation, or retirement
pay shall not be paid for any period in
which a veteran receives active service
pay. Currently, VA cannot take
immediate action on DoD-provided
information but rather must provide a
veteran with notice of a proposed
adverse action—such as suspension of
disability compensation payments—and
60 days to provide evidence showing
why the adverse action should not be
taken. VA continues to pay benefits
during this 60-day period. This becomes
problematic for some veterans on active
duty serving in remote locations, such
as a combat zone or similarly austere
environments, with infrequent mail
service and no reasonable method for
dealing with financial matters. As a
result of this rulemaking, VA will be
able to leverage technological
advancements and process benefit
adjustments based upon information
received from DoD regarding a veteran’s
receipt of active service pay under
certain circumstances, described in
more detail below.
VA invited interested persons to
submit written comments on or before
June 18, 2019. VA received four
comments in response to the proposed
rule. VA received comments from two
organizations, National Organization of
Veterans’ Advocates, Inc. (NOVA) and
Disabled American Veterans (DAV), and
two members of the public. Some
comments addressed more than one
issue. In those instances, VA reviewed
and considered each issue
independently. VA also grouped all of
the issues raised by the commenters that
concerned at least one portion of the
rule together by topic. VA organized the
responses to the comments by topic.
The responses to the comments are as
follows:
I. Remove Reference to Prospective
Receipt of Pay
Two comments requested the removal
of the phrase ‘‘will receive active service
pay,’’ in the proposed regulatory text in
38 CFR 3.103(b)(3)(v). One commenter
asserted that suspending compensation
based on notice that a veteran will
receive active service pay is inconsistent
with 38 U.S.C. 5304(c). The commenter
also contended that active duty dates
could change, or receipt of active
service pay could be delayed,
potentially creating a situation where a
veteran has his/her compensation
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suspended but does not receive active
service pay. The other commenter
asserted that including the language
‘‘will receive active service pay’’
increases the risk that someone will
have benefits suspended before he or
she is actually receiving active service
pay.
Concerning notice from DoD, VA
clarifies that DoD will not inform VA of
prospective active service pay, only past
and current pay. VA revises
§ 3.103(b)(3)(v) to clarify that veterans
can submit notice concerning past,
current, and future receipt of active
service pay, and DoD notice will only
pertain to past or current receipt of
active service pay. Accordingly, changes
will not be made on the basis of notice
of prospective pay from DoD.
Concerning notice provided to VA by
a veteran, VA will continue to take
action, without any advance notice
period, based on statements by a veteran
indicating that the veteran will receive
active service pay. Payments, however,
are discontinued effective the day
preceding reentrance on active duty, not
as of the date of receipt of the notice. If
a veteran informs VA prior to the
discontinuance of payments that the
dates of service have changed or the
veteran will no longer return to service,
VA will make the necessary adjustments
prior to the discontinuance if time
allows and will otherwise reinstate
benefits the same day they were
discontinued. In the case of training
pay, benefits are withheld for the
number of training days in the relevant
time period. If a veteran provides timely
notice that pay was not received for
expected training duty, retroactive
payments will be authorized. 38 CFR
3.654(c). Therefore, VA does not agree
that dispensing with the 60-day notice
period in this situation is inconsistent
with 38 U.S.C. 5304(c), which precludes
concurrent receipt of VA compensation
and active service pay.
II. Expedited Review
One comment recommended that VA
provide an expedited review process for
veterans who allege error in the
suspension of compensation benefits
based on notice of receipt of active
service pay. VA points out that, due to
the Veterans Appeals Improvement and
Modernization Act of 2017, Public Law
115–55, veterans who disagree with a
decision by VA have options including
requesting a higher-level review if
additional evidence is not needed to
resolve the matter or filing a
supplemental claim if additional
evidence is needed. VA’s goal for
completing higher-level reviews and
supplemental claims is 125 days.
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Therefore, there are avenues for review
of such allegations of errors to receive
expeditious processing in the current
claims processing framework. VA makes
no changes based on this comment.
III. General
VA received two general comments
that were not associated with preventive
efforts to reduce the financial burden on
veterans of overpayments due to
concurrent receipt of both VA disability
compensation and DoD active service
pay. One commenter expressed
disagreement with the proposed rule,
stating that veterans should be
compensated more, not less. This
rulemaking affects the process for
making necessary adjustments based on
receipt of active service pay, not the
amount of compensation to which a
veteran is entitled. Section 5304(c) of
title 38, United States Code, clearly
precludes concurrent receipt of VA
compensation and active service pay.
VA does not have authority to ignore
this statutory command in order to
provide veterans additional
compensation. The commenter also
discussed concerns for veterans with
mental health symptoms. VA makes no
changes based on this comment as it is
beyond the scope of this rulemaking.
The other comment consisted of a
consent agreement from a banking
institution without any accompanying
text describing why the document was
submitted as a comment or how it
pertains to active service pay. This
comment is not relevant to the rule
amendment; therefore, VA makes no
changes based on this comment.
IV. Resuming Payments Based on DoD
Notice
Based on further agency
consideration, VA makes additional
changes to the proposed rule. VA
proposed amendments to allow VA to
suspend disability compensation
payments based on notice from DoD of
receipt of active service pay, explaining
that the regulatory change would reduce
the financial impact on veterans
associated with receipt of VA disability
compensation and DoD active service
pay as well as reducing the reporting
burden on veterans in cases where VA
receives information directly from DoD.
84 FR 16421 (April 19, 2019). VA also
explained that VA and DoD were
discussing changes to the way VA
receives notification that a veteran has
received active service pay. 84 FR at
16423. VA has determined that, in
addition to discontinuing payments
based on DoD notice under certain
circumstances, described in more detail
below, it will be possible in many cases
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to resume payments based on
information received from DoD. This
will reduce the reporting burden on
veterans in cases where VA receives
information directly from DoD. There
may be cases, however, where VA does
not receive timely notice of a veteran’s
release from active duty or active duty
for training from DoD. Therefore, VA
revises 38 CFR 3.654(b)(2) to allow VA
to resume payments based on notice
from DoD that a veteran has been
released from active duty or active duty
for training while maintaining the
option for the veteran to inform VA of
such release by filing a claim to
recommence payments. If VA receives
notice from DoD or a claim for
recommencement of payments within
one year from the date of release from
active duty or active duty for training,
payments, if otherwise in order, will be
resumed effective the day following
release. Otherwise, payments will be
resumed effective one year prior to the
date of receipt of a new claim. Resuming
payments based on notice from DoD is
consistent with VA’s goal, described in
the proposed rule, of minimizing the
financial impact and reporting burdens
for veterans resulting from the
prohibition on concurrent receipt of VA
benefits and active service pay. VA
therefore considers resuming benefit
payments based on notice from DoD to
be a logical outgrowth of the proposed
rule. We emphasize that VA considers
the automatic resumption of payments
based on DoD notice to generally be a
liberalizing change that should
generally expedite access to benefits and
reduce the need for administrative
action on the part of both the veteran
and VA.
As a corollary to this change, VA has
added language clarifying that a claim
for increase must be filed in order for
additional benefits to be paid. This is
not a change to existing requirements, as
the relevant statute and regulation tie
the effective date of an award of
increased compensation to the date of
receipt of claim. 38 U.S.C. 5110(b)(3); 38
CFR 3.400(o)(2). Rather, VA included
the clarification as a reminder that, even
if VA resumes payments based on
receipt of notice from DoD that a veteran
has been released from service, the
veteran must still file a claim for
increase if he or she seeks an increased
rating.
In a similar manner, VA has revised
the language regarding resumption of
compensation payments to reflect that
the resumption will be based on the
combined evaluation in effect at the
time payments were discontinued. If a
reduction in disability evaluation is
warranted that would not lower the
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combined evaluation, the reduction may
be processed at the same time as the
resumption of payments, as the overall
payment will not be affected. If VA
determines that a reduction in
evaluation is warranted that would
lower the combined evaluation, the
reduction will be governed by 38 CFR
3.105(e), after payments are resumed at
the level previously in effect. This will
ensure that veterans receive notice of
any proposed reductions to the
compensation in effect at the time
payments were discontinued, even if
resumption of payments is based on
notice from DoD.
V. Addressing Concerns About Notice
Upon additional review it was
determined that the proposed rule
conflicted with the Privacy Act,
specifically 5 U.S.C. 552a(p), which
requires notice to an individual prior to
an agency taking adverse action as a
result of information produced by a
matching program. To address this
conflict, we have amended the rule so
that VA will only suspend
compensation based on information
from DoD without additional advance
notice when the veteran has previously
received 30-day advance notice
addressing concurrent receipt of
compensation and payment for the type
of service at issue as well as notice that
suspension of compensation payments
based on subsequent payments for the
same type of service will be made
without additional advance notice. We
have also specified that in cases to
which 38 CFR 3.700(a)(1)(iii) applies, in
order for the exception to advance
notice contained in § 3.103(b)(3)(v) to
apply, VA must have received a waiver
of VA benefits. A one-time advance
notice with respect to the first instance
of double payments would provide clear
notice of the basis for the suspension of
compensation payments, and an
opportunity to contest the findings that
led to the suspension, and could be
applied to all subsequent payments of
the same benefit during periods of
receipt of active service pay for the same
type of service. This change satisfies the
notice requirements of the Privacy Act,
and in particular 5 U.S.C.
552a(p)(1)(C)(ii), while still achieving
the modernizing, pro-veteran goals of
the proposed rule. While this solution
will not eliminate the initial
overpayment to an individual receiving
both active service pay and disability
compensation, it will eventually result
in a dramatic decrease in the overall
number of overpayments while
providing each individual with the due
process intended by the notice
requirement. VA believes it is clear this
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result is a logical outgrowth of the
proposed rule.
The proposed rule would have
allowed for suspension of compensation
without advance notice to the veteran
based on information from DoD as long
as the veteran had received prior notice
that receipt of active service pay
precludes concurrent receipt of VA
benefits or VA had received a statement
from the veteran indicating knowledge
of such preclusion. The final rule will
only allow for suspension of
compensation without advance notice
based on information from DoD if the
veteran also received, on a previous
occasion of concurrent receipt of
compensation and payment for the type
of service at issue, advance notice of the
suspension and notice that suspension
of compensation payments based on
subsequent payments for the same type
of service would be made without
additional advance notice. In other
words, the final rule provides greater
protection to the individual, in terms of
the suspension of running
compensation payments. See Veterans
Justice Grp., LLC v. Sec’y of Veterans
Affairs, 818 F.3d 1336, 1344–45 (Fed.
Cir. 2016) (finding a final rule that
adopted a different, but more liberal
approach than the proposed rule to be
a logical outgrowth of the proposed
rule).
We have updated the language in 38
CFR 3.103(b)(3)(v) to ensure that a
written or electronic statement provided
to VA by a veteran is consistently
referred to as a statement. We have also
updated the reference in 38 CFR
3.654(b)(2) to the second period of
service, replacing that term with the
most recent period of service, as
veterans may have more than two
periods of service. Finally, we made
stylistic changes in 38 CFR 3.654,
replacing references to ‘‘1 year’’ with
‘‘one year.’’ This document adopts as a
final rule the proposed rule published
in the Federal Register on April 19,
2019 with changes as set forth below.
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) direct agencies to
assess the 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 effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
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reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). The Office of
Information and Regulatory Affairs has
determined that this rulemaking is not
a significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
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). The factual basis for
this certification is based on based on
the fact that no small entities or
businesses make decisions regarding
payments or overpayments of VA
service-connected disability
compensation. Therefore, pursuant to 5
U.S.C. 605(b), the initial and final
regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
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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
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
Paperwork Reduction Act
This final rule includes provisions
constituting a revised collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521) that require approval by the Office
of Management and Budget (OMB).
Accordingly, under 44 U.S.C. 3507(d),
the collection of information for OMB is
assigned control number 2900–0463,
and must be paired with this
rulemaking action for OMB review and
approval.
There are no provisions associated
with this rulemaking constituting any
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new collection of information, but there
are anticipated burden changes to the
existing collection of information. The
respondent population for VA Form 21–
8951–2 is composed of individuals
filing a waiver of either VA disability
benefits or military pay and allowances.
VA currently batch sends prepopulated, optional forms to those
identified as possible dual recipients
and receives back approximately 12.4%
for manual processing (71% are
electronically processed without a form
after notice and expiration of the due
process period and the remaining 16.6%
cannot be processed by the batch
program due to expired addresses,
returns to active duty, death, etc.). VA
expects this process to continue
unchanged for 1–2 years (with a
simultaneous communication plan to
spread knowledge of the new program),
then the number of batch forms being
mailed will significantly decrease due to
the number of veterans who have
responded (currently 12.4%) and who
will no longer receive the initial letter
with the VA Form 21–8951–2, with a
concomitant reduction in the burden.
VA estimates the total annual
reporting and recordkeeping burden to
be 207 hours. (Estimated 1,240
respondents × (multiplied by) 10
(burden minutes)/(divided by) 60 = 207
burden hours.) VA estimates the total
information collection burden cost to be
$6,160.32 per year (207 burden hours ×
$29.76 per hour). The Bureau of Labor
Statistics (BLS) gathers information on
full-time wage and salary workers.
According to the latest available BLS
data, the mean hourly wage is $29.76
based on the BLS wage code—‘‘00–0000
All Occupations.’’ This information was
taken from the following website:
https://www.bls.gov/oes/current/oes_
nat.htm.
The currently approved OMB control
number 2900–0463 burden costs are
$65,293.44 (2,194 burden hours ×
$29.76 per hour). The projected annual
burden savings from implementation of
this regulation are $55,655.87.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
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86061
this document on December 6, 2023,
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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 3 as set
forth below:
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. Amend § 3.103 by revising
paragraph (b)(3)(v) and adding a cross
reference paragraph to the end of the
section to read as follows:
■
§ 3.103
rights.
Procedural due process and other
*
*
*
*
*
(b) * * *
(3) * * *
(v) An adverse action based upon a
written or electronic statement provided
to VA by a veteran that indicates that
the veteran has received, is in receipt of,
or will receive active service pay as
defined by § 3.654(a), or, in the case of
compensation, written or electronic
notice from the Department of Defense
that indicates that the veteran has
received or is in receipt of active service
pay as defined by § 3.654(a), provided
that, in cases involving notice from the
Department of Defense, the veteran has
on a previous occasion of concurrent
receipt of compensation and payment
for the type of service at issue received
the notice described in paragraph (b)(2),
but with a period of 30 rather than 60
days to respond, as well as notice that
suspension of compensation payments
based on subsequent payments for the
same type of service will be made
without additional advance notice. The
statement from the veteran or notice
from the Department of Defense must
include the date on which the service
resulting in receipt of active service pay
began or, in the case of a statement from
the veteran, the date on which the
service resulting in receipt of active
service pay is expected to begin, or, in
the case of training duty, the number of
training days performed, or, in the case
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of a statement from the veteran, the
number of training days expected to be
performed, during a specified period of
time (e.g., last month, last quarter, last
year, next month, etc.). In order for this
paragraph to apply, the veteran must
have received prior notice that receipt of
active service pay precludes concurrent
receipt of VA benefits, or VA must have
received a statement from the veteran
that indicates knowledge of such
preclusion. In cases to which
§ 3.700(a)(1)(iii) of this part applies, the
Veteran must also have waived VA
benefits. When notice provided by the
Department of Defense contains
information indicating that the monthly
level of disability compensation for a
veteran exceeds the veteran’s monthly
active service pay rate, the exception
contained in this paragraph will only
apply to a written or electronic
statement provided to VA by the
veteran.
*
*
*
*
*
Cross References: Submission of
statements or information affecting
entitlement to benefits. See § 3.217(a).
Active Service Pay. See § 3.654. General.
See § 3.700(a)(1).
3. Amend § 3.654 by revising
paragraphs (b) and (c) and adding an
authority citation to read as follows:
■
§ 3.654
Active service pay.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(b) Active duty or active duty for
training. (1) Where the veteran receives
active service pay as a result of
returning to active duty status or active
duty for training as described in § 3.6(c),
with the exception of annual active duty
for training typically performed 15 days
each year by reservists and members of
the National Guard and Active Duty for
Special Work to receive training (see
paragraph (c) of this section), the award
will be discontinued effective the day
preceding reentrance into active duty or
active duty for training status. If the
exact date is not known, payments will
be discontinued effective date of last
payment, and the effective date of
discontinuance will be adjusted to the
day preceding reentrance when the date
of reentrance has been ascertained from
the service department.
(2) Payments, if otherwise in order,
will be resumed effective the day
following release from active duty or
active duty for training if notice from
the Department of Defense of such
release or a claim for recommencement
of payments is received within one year
from the date of such release; otherwise,
payments will be resumed effective one
year prior to the date of receipt of a new
claim. Prior determinations of service
VerDate Sep<11>2014
15:47 Dec 11, 2023
Jkt 262001
connection will not be disturbed except
as provided in § 3.105. Compensation
will be resumed based on the combined
evaluation in effect at the time
payments were discontinued. If a
reduction in evaluation that lowers the
combined evaluation is considered
warranted, the provisions of § 3.105(e)
will apply. If a disability is incurred or
aggravated, or a service-connected
disability worsens in the most recent
period of service, compensation for that
disability or increase in disability
cannot be paid unless a claim therefor
is filed.
(c) Training duty. Prospective
adjustment of awards may be made
where the veteran waives his or her
Department of Veterans Affairs benefit
covering anticipated receipt of active
service pay because of expected periods
of active duty for training (annual active
duty for training typically performed 15
days each year by reservists and
members of the National Guard or
Active Duty for Special Work to receive
training) or inactive duty training.
Where readjustment is in order because
service pay was not received for
expected training duty, retroactive
payments may be authorized if a claim
for readjustment is received within one
year after the end of the fiscal year for
which payments were waived.
Authority: (Authority: 38 U.S.C. 501(a) and
5304(c).)
[FR Doc. 2023–27176 Filed 12–11–23; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 61
[EPA–R09–OAR–2023–0512; FRL–11463–
01–R9]
Update to the Addresses and Agency
Names for Region IX and Air Quality
Agencies: Arizona; California; Hawaii;
Nevada.
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
AGENCY:
The Environmental Protection
Agency (EPA) is amending its
regulations to update addresses and
names of air quality agencies in EPA
Region IX. This action is editorial in
nature and is intended to provide
accuracy and clarity to EPA’s
regulations.
SUMMARY:
This rule is effective December
12, 2023.
DATES:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
EPA Region IX, Air and
Radiation Division, 75 Hawthorne
Street, San Francisco, California, 94105.
FOR FURTHER INFORMATION CONTACT: Kira
Wiesinger, EPA Region IX. By phone:
(415) 972–3827 or by email at
wiesinger.kira@epa.gov.
SUPPLEMENTARY INFORMATION: This rule
makes editorial changes to various
environmental regulations in title 40 of
the Code of Federal Regulations (CFR) to
update addresses and names for air
quality agencies in EPA Region IX. It
does not otherwise impose or amend
any requirements. Pursuant to 5 U.S.C.
533 (b)(3)(B) of the Administrative
Procedure Act (APA), the EPA has
found that the public notice and
comment provisions of the APA, found
at 5 U.S.C. 553(b), do not apply to this
rulemaking as public notice and
comment is unnecessary because this
amendment to the regulations provides
only technical changes to update an
address or name of air quality agencies.
The EPA has also determined that there
is good cause to waive the requirement
of publication 30 days in advance of the
rule’s effective date pursuant to 5 U.S.C.
553(d)(3) in order for the public to have
the correct addresses and names for air
quality agencies in EPA Region IX. As
this action updates the CFR and does
not otherwise impose or amend any
requirements, the EPA has determined it
does not trigger any requirements of the
statutes and Executive Orders that
govern rulemaking procedures. This
action is subject to the Congressional
Review Act, and the EPA will submit a
rule report to each House of the
Congress and to the Comptroller General
of the United States. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
ADDRESSES:
List of Subjects
40 CFR Parts 60 and 61
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
Dated: December 5, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends title 40 of the Code of
Federal Regulations as follows:
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\12DER1.SGM
12DER1
Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86058-86062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27176]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AP86
Active Service Pay
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) amends its
adjudication regulations to permit VA to adjust disability compensation
payments under certain circumstances upon receipt of notice from the
Department of Defense (DoD) that the veteran has received or is
receiving active service pay. The effect of this action is to reduce
overpayments and erroneous payments associated with receipt of VA
disability compensation and DoD active service pay by allowing VA to
make necessary adjustments as close in time to the receipt of active
service pay as possible. Additionally, the amendments will allow VA to
resume payments discontinued due to receipt of active service pay based
on information received from DoD. The amendments will also clarify how
VA adjudicates benefit adjustments based on a veteran's receipt of
active service pay for certain types of service.
DATES: Effective Date: This rule is effective January 11, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Parks, Chief, Regulations Staff
(211C), Compensation Service (21C), Veterans Benefits Administration,
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
20420, (202) 461-9540. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On April 19, 2019, VA published a proposed
rule in the Federal Register at 84 FR 16421 to amend 38 CFR 3.103 and
3.654 to permit VA to suspend disability compensation payments upon
receipt of
[[Page 86059]]
notice from DoD that the veteran has received or is receiving active
service pay and to clarify how VA adjudicates benefit adjustments based
on receipt of active service pay for certain types of service. Section
5304(c) of title 38, United States Code, provides that pension,
compensation, or retirement pay shall not be paid for any period in
which a veteran receives active service pay. Currently, VA cannot take
immediate action on DoD-provided information but rather must provide a
veteran with notice of a proposed adverse action--such as suspension of
disability compensation payments--and 60 days to provide evidence
showing why the adverse action should not be taken. VA continues to pay
benefits during this 60-day period. This becomes problematic for some
veterans on active duty serving in remote locations, such as a combat
zone or similarly austere environments, with infrequent mail service
and no reasonable method for dealing with financial matters. As a
result of this rulemaking, VA will be able to leverage technological
advancements and process benefit adjustments based upon information
received from DoD regarding a veteran's receipt of active service pay
under certain circumstances, described in more detail below.
VA invited interested persons to submit written comments on or
before June 18, 2019. VA received four comments in response to the
proposed rule. VA received comments from two organizations, National
Organization of Veterans' Advocates, Inc. (NOVA) and Disabled American
Veterans (DAV), and two members of the public. Some comments addressed
more than one issue. In those instances, VA reviewed and considered
each issue independently. VA also grouped all of the issues raised by
the commenters that concerned at least one portion of the rule together
by topic. VA organized the responses to the comments by topic. The
responses to the comments are as follows:
I. Remove Reference to Prospective Receipt of Pay
Two comments requested the removal of the phrase ``will receive
active service pay,'' in the proposed regulatory text in 38 CFR
3.103(b)(3)(v). One commenter asserted that suspending compensation
based on notice that a veteran will receive active service pay is
inconsistent with 38 U.S.C. 5304(c). The commenter also contended that
active duty dates could change, or receipt of active service pay could
be delayed, potentially creating a situation where a veteran has his/
her compensation suspended but does not receive active service pay. The
other commenter asserted that including the language ``will receive
active service pay'' increases the risk that someone will have benefits
suspended before he or she is actually receiving active service pay.
Concerning notice from DoD, VA clarifies that DoD will not inform
VA of prospective active service pay, only past and current pay. VA
revises Sec. 3.103(b)(3)(v) to clarify that veterans can submit notice
concerning past, current, and future receipt of active service pay, and
DoD notice will only pertain to past or current receipt of active
service pay. Accordingly, changes will not be made on the basis of
notice of prospective pay from DoD.
Concerning notice provided to VA by a veteran, VA will continue to
take action, without any advance notice period, based on statements by
a veteran indicating that the veteran will receive active service pay.
Payments, however, are discontinued effective the day preceding
reentrance on active duty, not as of the date of receipt of the notice.
If a veteran informs VA prior to the discontinuance of payments that
the dates of service have changed or the veteran will no longer return
to service, VA will make the necessary adjustments prior to the
discontinuance if time allows and will otherwise reinstate benefits the
same day they were discontinued. In the case of training pay, benefits
are withheld for the number of training days in the relevant time
period. If a veteran provides timely notice that pay was not received
for expected training duty, retroactive payments will be authorized. 38
CFR 3.654(c). Therefore, VA does not agree that dispensing with the 60-
day notice period in this situation is inconsistent with 38 U.S.C.
5304(c), which precludes concurrent receipt of VA compensation and
active service pay.
II. Expedited Review
One comment recommended that VA provide an expedited review process
for veterans who allege error in the suspension of compensation
benefits based on notice of receipt of active service pay. VA points
out that, due to the Veterans Appeals Improvement and Modernization Act
of 2017, Public Law 115-55, veterans who disagree with a decision by VA
have options including requesting a higher-level review if additional
evidence is not needed to resolve the matter or filing a supplemental
claim if additional evidence is needed. VA's goal for completing
higher-level reviews and supplemental claims is 125 days. Therefore,
there are avenues for review of such allegations of errors to receive
expeditious processing in the current claims processing framework. VA
makes no changes based on this comment.
III. General
VA received two general comments that were not associated with
preventive efforts to reduce the financial burden on veterans of
overpayments due to concurrent receipt of both VA disability
compensation and DoD active service pay. One commenter expressed
disagreement with the proposed rule, stating that veterans should be
compensated more, not less. This rulemaking affects the process for
making necessary adjustments based on receipt of active service pay,
not the amount of compensation to which a veteran is entitled. Section
5304(c) of title 38, United States Code, clearly precludes concurrent
receipt of VA compensation and active service pay. VA does not have
authority to ignore this statutory command in order to provide veterans
additional compensation. The commenter also discussed concerns for
veterans with mental health symptoms. VA makes no changes based on this
comment as it is beyond the scope of this rulemaking.
The other comment consisted of a consent agreement from a banking
institution without any accompanying text describing why the document
was submitted as a comment or how it pertains to active service pay.
This comment is not relevant to the rule amendment; therefore, VA makes
no changes based on this comment.
IV. Resuming Payments Based on DoD Notice
Based on further agency consideration, VA makes additional changes
to the proposed rule. VA proposed amendments to allow VA to suspend
disability compensation payments based on notice from DoD of receipt of
active service pay, explaining that the regulatory change would reduce
the financial impact on veterans associated with receipt of VA
disability compensation and DoD active service pay as well as reducing
the reporting burden on veterans in cases where VA receives information
directly from DoD. 84 FR 16421 (April 19, 2019). VA also explained that
VA and DoD were discussing changes to the way VA receives notification
that a veteran has received active service pay. 84 FR at 16423. VA has
determined that, in addition to discontinuing payments based on DoD
notice under certain circumstances, described in more detail below, it
will be possible in many cases
[[Page 86060]]
to resume payments based on information received from DoD. This will
reduce the reporting burden on veterans in cases where VA receives
information directly from DoD. There may be cases, however, where VA
does not receive timely notice of a veteran's release from active duty
or active duty for training from DoD. Therefore, VA revises 38 CFR
3.654(b)(2) to allow VA to resume payments based on notice from DoD
that a veteran has been released from active duty or active duty for
training while maintaining the option for the veteran to inform VA of
such release by filing a claim to recommence payments. If VA receives
notice from DoD or a claim for recommencement of payments within one
year from the date of release from active duty or active duty for
training, payments, if otherwise in order, will be resumed effective
the day following release. Otherwise, payments will be resumed
effective one year prior to the date of receipt of a new claim.
Resuming payments based on notice from DoD is consistent with VA's
goal, described in the proposed rule, of minimizing the financial
impact and reporting burdens for veterans resulting from the
prohibition on concurrent receipt of VA benefits and active service
pay. VA therefore considers resuming benefit payments based on notice
from DoD to be a logical outgrowth of the proposed rule. We emphasize
that VA considers the automatic resumption of payments based on DoD
notice to generally be a liberalizing change that should generally
expedite access to benefits and reduce the need for administrative
action on the part of both the veteran and VA.
As a corollary to this change, VA has added language clarifying
that a claim for increase must be filed in order for additional
benefits to be paid. This is not a change to existing requirements, as
the relevant statute and regulation tie the effective date of an award
of increased compensation to the date of receipt of claim. 38 U.S.C.
5110(b)(3); 38 CFR 3.400(o)(2). Rather, VA included the clarification
as a reminder that, even if VA resumes payments based on receipt of
notice from DoD that a veteran has been released from service, the
veteran must still file a claim for increase if he or she seeks an
increased rating.
In a similar manner, VA has revised the language regarding
resumption of compensation payments to reflect that the resumption will
be based on the combined evaluation in effect at the time payments were
discontinued. If a reduction in disability evaluation is warranted that
would not lower the combined evaluation, the reduction may be processed
at the same time as the resumption of payments, as the overall payment
will not be affected. If VA determines that a reduction in evaluation
is warranted that would lower the combined evaluation, the reduction
will be governed by 38 CFR 3.105(e), after payments are resumed at the
level previously in effect. This will ensure that veterans receive
notice of any proposed reductions to the compensation in effect at the
time payments were discontinued, even if resumption of payments is
based on notice from DoD.
V. Addressing Concerns About Notice
Upon additional review it was determined that the proposed rule
conflicted with the Privacy Act, specifically 5 U.S.C. 552a(p), which
requires notice to an individual prior to an agency taking adverse
action as a result of information produced by a matching program. To
address this conflict, we have amended the rule so that VA will only
suspend compensation based on information from DoD without additional
advance notice when the veteran has previously received 30-day advance
notice addressing concurrent receipt of compensation and payment for
the type of service at issue as well as notice that suspension of
compensation payments based on subsequent payments for the same type of
service will be made without additional advance notice. We have also
specified that in cases to which 38 CFR 3.700(a)(1)(iii) applies, in
order for the exception to advance notice contained in Sec.
3.103(b)(3)(v) to apply, VA must have received a waiver of VA benefits.
A one-time advance notice with respect to the first instance of double
payments would provide clear notice of the basis for the suspension of
compensation payments, and an opportunity to contest the findings that
led to the suspension, and could be applied to all subsequent payments
of the same benefit during periods of receipt of active service pay for
the same type of service. This change satisfies the notice requirements
of the Privacy Act, and in particular 5 U.S.C. 552a(p)(1)(C)(ii), while
still achieving the modernizing, pro-veteran goals of the proposed
rule. While this solution will not eliminate the initial overpayment to
an individual receiving both active service pay and disability
compensation, it will eventually result in a dramatic decrease in the
overall number of overpayments while providing each individual with the
due process intended by the notice requirement. VA believes it is clear
this result is a logical outgrowth of the proposed rule.
The proposed rule would have allowed for suspension of compensation
without advance notice to the veteran based on information from DoD as
long as the veteran had received prior notice that receipt of active
service pay precludes concurrent receipt of VA benefits or VA had
received a statement from the veteran indicating knowledge of such
preclusion. The final rule will only allow for suspension of
compensation without advance notice based on information from DoD if
the veteran also received, on a previous occasion of concurrent receipt
of compensation and payment for the type of service at issue, advance
notice of the suspension and notice that suspension of compensation
payments based on subsequent payments for the same type of service
would be made without additional advance notice. In other words, the
final rule provides greater protection to the individual, in terms of
the suspension of running compensation payments. See Veterans Justice
Grp., LLC v. Sec'y of Veterans Affairs, 818 F.3d 1336, 1344-45 (Fed.
Cir. 2016) (finding a final rule that adopted a different, but more
liberal approach than the proposed rule to be a logical outgrowth of
the proposed rule).
We have updated the language in 38 CFR 3.103(b)(3)(v) to ensure
that a written or electronic statement provided to VA by a veteran is
consistently referred to as a statement. We have also updated the
reference in 38 CFR 3.654(b)(2) to the second period of service,
replacing that term with the most recent period of service, as veterans
may have more than two periods of service. Finally, we made stylistic
changes in 38 CFR 3.654, replacing references to ``1 year'' with ``one
year.'' This document adopts as a final rule the proposed rule
published in the Federal Register on April 19, 2019 with changes as set
forth below.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) direct
agencies to assess the 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 effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits,
[[Page 86061]]
reducing costs, harmonizing rules, and promoting flexibility. Executive
Order 14094 (Executive Order on Modernizing Regulatory Review)
supplements and reaffirms the principles, structures, and definitions
governing contemporary regulatory review established in Executive Order
12866 of September 30, 1993 (Regulatory Planning and Review), and
Executive Order 13563 of January 18, 2011 (Improving Regulation and
Regulatory Review). The Office of Information and Regulatory Affairs
has determined that this rulemaking is not a significant regulatory
action under Executive Order 12866, as amended by Executive Order
14094. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at www.regulations.gov.
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). The factual basis for this certification is based on based on the
fact that no small entities or businesses make decisions regarding
payments or overpayments of VA service-connected disability
compensation. Therefore, pursuant to 5 U.S.C. 605(b), the initial and
final regulatory flexibility analysis requirements of 5 U.S.C. 603 and
604 do not apply.
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 one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule includes provisions constituting a revised
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521) that require approval by the Office of Management and
Budget (OMB). Accordingly, under 44 U.S.C. 3507(d), the collection of
information for OMB is assigned control number 2900-0463, and must be
paired with this rulemaking action for OMB review and approval.
There are no provisions associated with this rulemaking
constituting any new collection of information, but there are
anticipated burden changes to the existing collection of information.
The respondent population for VA Form 21-8951-2 is composed of
individuals filing a waiver of either VA disability benefits or
military pay and allowances. VA currently batch sends pre-populated,
optional forms to those identified as possible dual recipients and
receives back approximately 12.4% for manual processing (71% are
electronically processed without a form after notice and expiration of
the due process period and the remaining 16.6% cannot be processed by
the batch program due to expired addresses, returns to active duty,
death, etc.). VA expects this process to continue unchanged for 1-2
years (with a simultaneous communication plan to spread knowledge of
the new program), then the number of batch forms being mailed will
significantly decrease due to the number of veterans who have responded
(currently 12.4%) and who will no longer receive the initial letter
with the VA Form 21-8951-2, with a concomitant reduction in the burden.
VA estimates the total annual reporting and recordkeeping burden to
be 207 hours. (Estimated 1,240 respondents x (multiplied by) 10 (burden
minutes)/(divided by) 60 = 207 burden hours.) VA estimates the total
information collection burden cost to be $6,160.32 per year (207 burden
hours x $29.76 per hour). The Bureau of Labor Statistics (BLS) gathers
information on full-time wage and salary workers. According to the
latest available BLS data, the mean hourly wage is $29.76 based on the
BLS wage code--``00-0000 All Occupations.'' This information was taken
from the following website: https://www.bls.gov/oes/current/oes_nat.htm.
The currently approved OMB control number 2900-0463 burden costs
are $65,293.44 (2,194 burden hours x $29.76 per hour). The projected
annual burden savings from implementation of this regulation are
$55,655.87.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on December 6, 2023, 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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 3 as set forth below:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Amend Sec. 3.103 by revising paragraph (b)(3)(v) and adding a cross
reference paragraph to the end of the section to read as follows:
Sec. 3.103 Procedural due process and other rights.
* * * * *
(b) * * *
(3) * * *
(v) An adverse action based upon a written or electronic statement
provided to VA by a veteran that indicates that the veteran has
received, is in receipt of, or will receive active service pay as
defined by Sec. 3.654(a), or, in the case of compensation, written or
electronic notice from the Department of Defense that indicates that
the veteran has received or is in receipt of active service pay as
defined by Sec. 3.654(a), provided that, in cases involving notice
from the Department of Defense, the veteran has on a previous occasion
of concurrent receipt of compensation and payment for the type of
service at issue received the notice described in paragraph (b)(2), but
with a period of 30 rather than 60 days to respond, as well as notice
that suspension of compensation payments based on subsequent payments
for the same type of service will be made without additional advance
notice. The statement from the veteran or notice from the Department of
Defense must include the date on which the service resulting in receipt
of active service pay began or, in the case of a statement from the
veteran, the date on which the service resulting in receipt of active
service pay is expected to begin, or, in the case of training duty, the
number of training days performed, or, in the case
[[Page 86062]]
of a statement from the veteran, the number of training days expected
to be performed, during a specified period of time (e.g., last month,
last quarter, last year, next month, etc.). In order for this paragraph
to apply, the veteran must have received prior notice that receipt of
active service pay precludes concurrent receipt of VA benefits, or VA
must have received a statement from the veteran that indicates
knowledge of such preclusion. In cases to which Sec. 3.700(a)(1)(iii)
of this part applies, the Veteran must also have waived VA benefits.
When notice provided by the Department of Defense contains information
indicating that the monthly level of disability compensation for a
veteran exceeds the veteran's monthly active service pay rate, the
exception contained in this paragraph will only apply to a written or
electronic statement provided to VA by the veteran.
* * * * *
Cross References: Submission of statements or information affecting
entitlement to benefits. See Sec. 3.217(a). Active Service Pay. See
Sec. 3.654. General. See Sec. 3.700(a)(1).
0
3. Amend Sec. 3.654 by revising paragraphs (b) and (c) and adding an
authority citation to read as follows:
Sec. 3.654 Active service pay.
* * * * *
(b) Active duty or active duty for training. (1) Where the veteran
receives active service pay as a result of returning to active duty
status or active duty for training as described in Sec. 3.6(c), with
the exception of annual active duty for training typically performed 15
days each year by reservists and members of the National Guard and
Active Duty for Special Work to receive training (see paragraph (c) of
this section), the award will be discontinued effective the day
preceding reentrance into active duty or active duty for training
status. If the exact date is not known, payments will be discontinued
effective date of last payment, and the effective date of
discontinuance will be adjusted to the day preceding reentrance when
the date of reentrance has been ascertained from the service
department.
(2) Payments, if otherwise in order, will be resumed effective the
day following release from active duty or active duty for training if
notice from the Department of Defense of such release or a claim for
recommencement of payments is received within one year from the date of
such release; otherwise, payments will be resumed effective one year
prior to the date of receipt of a new claim. Prior determinations of
service connection will not be disturbed except as provided in Sec.
3.105. Compensation will be resumed based on the combined evaluation in
effect at the time payments were discontinued. If a reduction in
evaluation that lowers the combined evaluation is considered warranted,
the provisions of Sec. 3.105(e) will apply. If a disability is
incurred or aggravated, or a service-connected disability worsens in
the most recent period of service, compensation for that disability or
increase in disability cannot be paid unless a claim therefor is filed.
(c) Training duty. Prospective adjustment of awards may be made
where the veteran waives his or her Department of Veterans Affairs
benefit covering anticipated receipt of active service pay because of
expected periods of active duty for training (annual active duty for
training typically performed 15 days each year by reservists and
members of the National Guard or Active Duty for Special Work to
receive training) or inactive duty training. Where readjustment is in
order because service pay was not received for expected training duty,
retroactive payments may be authorized if a claim for readjustment is
received within one year after the end of the fiscal year for which
payments were waived.
Authority: (Authority: 38 U.S.C. 501(a) and 5304(c).)
[FR Doc. 2023-27176 Filed 12-11-23; 8:45 am]
BILLING CODE 8320-01-P