Department of Veterans Affairs 2009 – Federal Register Recent Federal Regulation Documents
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Determination of Presumption of Service Connection Concerning Illnesses Discussed in National Academy of Sciences Report on Gulf War and Health: Volume 5: Infectious Diseases
As required by law, the Department of Veterans Affairs (VA) hereby gives notice that the Secretary of Veterans Affairs, under the authority granted by the Persian Gulf War Veterans Act of 1998, Public Law 105-277, title XVI, 112 Stat. 2681-742 through 2681-749 (codified in part at 38 U.S.C. 1118), has determined that there is no basis to establish a presumption of service connection for Al Eskan disease, idiopathic acute eosinophilic pneumonia, wound and nosocomial infection, mycoplasmas, as discussed in the October 2006 report of the National Academy of Sciences, titled ``Gulf War and Health Volume 5: Infectious Diseases'', or for any illness based on exposure to biologic-warfare agents during service in the Persian Gulf during the Persian Gulf War.
Privacy Act of 1974; System of Records
As required by the Privacy Act of 1974, 5 U.S.C. 552a(e)(4), notice is hereby given that the Department of Veterans Affairs (VA) proposes to modify, alter, amend, rename and republish in its entirety existing system of records ``Compensation, Pension, Education, and Rehabilitation RecordsVA (58VA21/22/28)''.
Posttraumatic Stress Disorder
This document affirms an amendment to the Department of Veterans Affairs (VA) adjudication regulations regarding service connection for posttraumatic stress disorder (PTSD) that eliminated the requirement of evidence corroborating occurrence of the claimed in- service stressor in claims in which PTSD is diagnosed in service. This amendment is necessary to facilitate proof of service connection in such claims. By this amendment, we intend to more quickly adjudicate claims for service connection for PTSD for these veterans.
Privacy Act of 1974; System of Records
The Department of Veterans Affairs (VA) is deleting a system of records entitled ``Veterans and Dependents Inactive Award Account RecordsVA'' (39VA047). The system contained information on payments made to or on behalf of an individual veteran and/or dependents. This system of records is being deleted since it is no longer being used by the Department because records pertaining to this system have been incorporated into ``Compensation, Pension, Education, and Rehabilitation RecordsVA'' (58VA21/22).
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4), the Department of Veterans Affairs (VA) is amending the system of records entitled ``Purchase Credit Card Program-VA'' (131VA047) as described in the Federal Register at 70 FR 7320 (February 11, 2005). VA is amending the system of records by updating our routine uses relating to records maintained in the system. VA is republishing the system of records notice in its entirety.
Privacy Act of 1974
The Privacy Act of 1974, 5 U.S.C. 552(e)(4), requires that all agencies publish in the Federal Register a notice of the existence and character of their systems of records. Notice is hereby given that the Department of Veterans Affairs (VA) is establishing a new system of records entitled ``Automated Safety Incident Surveillance and Tracking System-VA'' (99VA13).
Post-9/11 GI Bill
The Department of Veterans Affairs (VA) is issuing this final rule to establish regulations regarding a new educational assistance program for individuals who serve on active duty after September 10, 2001. The new program, known as the Post-9/11 GI Bill, was authorized by title V of the Supplemental Appropriations Act, 2008 (Post-9/11 Veterans Educational Assistance Act of 2008). This final regulation includes the rules necessary to implement the provisions of the Post-9/ 11 Veterans Educational Assistance Act of 2008 that govern the Post-9/ 11 GI Bill.
Proposed Information Collection (Advertising, Sales, and Enrollment Materials, and Candidate Handbooks) Activity: Comment Request
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to ensure that educational institutions or agents enrollment materials meet VA's guidelines for approval of courses.
Proposed Information Collection (Traumatic Injury Protection (TSGLI)) Activity; Comment Request
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine service members eligibility requirements for payment of traumatic injury protection benefits covered under Servicemembers' Group Life Insurance.
Proposed Information Collection (One-VA Identification Verification Card) Activity; Comment Request
The Office of Operations, Security, and Preparedness (OSP), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to issue a One-VA identification verification card.
Agency Information Collection (Contract for Training and Employment) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Proposed Information Collection (Direct Deposit Enrollment) Activity: Comment Request
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to enroll claimants receiving benefit payments into an electronic funds transfer program.
Agency Information Collection (Report of General Information) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Agency Information Collection (Agreement to Train on the Job Disabled Veterans) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Agency Information Collection (Applications and Appraisals for Employment for Title 38 Positions and Trainees) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-21), this notice announces that the Veterans Health Administration (VHA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Termination of Phase-In Period for Full Concurrent Receipt of Military Retired Pay and Veterans Disability Compensation Based on a VA Determination of Individual Unemployability
The Department of Veterans Affairs (VA) is amending its adjudication regulations regarding entitlement to full concurrent receipt of military retired pay and veterans disability compensation based on a VA determination of individual unemployability (IU). This rulemaking is intended to implement section 642 of the National Defense Authorization Act for Fiscal Year 2008, which provides that veterans who are entitled to receive veterans disability compensation based on a VA determination of individual unemployability are no longer subject to a phase-in period. This regulatory amendment is necessary to conform to statutory provisions.
The Dr. James Allen Veteran Vision Equity Act of 2007
This document amends the Department of Veterans Affairs (VA) adjudication regulations regarding special monthly compensation and compensation for paired organs. These amendments are necessary because the statutes on which the regulations are based have been amended. The intended effect of these amendments is to incorporate relevant statutory provisions from the Dr. James Allen Veteran Vision Equity Act of 2007.
Privacy Act of 1974; System of Records
The Privacy Act of 1974 (5 U.S.C. Section 552a) requires that all agencies publish in the Federal Register a notice of the existence of and character of their systems of records. Notice is hereby given that the Department of Veterans Affairs (VA) is adding a new system records entitled ``Inspector General Oversight Data ExtractsVA,'' (154VA53C).
Privacy Act of 1974; System of Records
The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that all agencies publish in the Federal Register a notice of the existence and character of their systems of records. Notice is hereby given that the Department of Veterans Affairs (VA) is establishing a new system of records entitled ``Executive Veterans Affairs Contact Management System (Exec VA)VA'' (141VA005Q3).
Privacy Act of 1974; System of Records
As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), notice is hereby given that the Department of Veterans Affairs (VA) is amending three existing systems of records 93VA131, ``Gulf War Registry-VA''; 105VA131, ``Agent Orange Registry-VA''; and 108VA11S, ``Spinal Cord Dysfunction Registry-VA'' to add a routine use relating to releasing information to agencies in the event of fraud or abuse; and add a routine use relating to disclosing information when there is a risk of embarrassment or harm to the reputations of the record subjects.
Privacy Act of 1974; System of Records
Notice is hereby given that the Department of Veterans Affairs (VA) is deleting a system of records entitled, ``Physician, Dentist and Supervisory Nurse Professional Standards Board Action File-VA'' (29VA11), which is set forth in the Federal Register publication, ``Privacy Act Issuances, 1999 Compilation''. The records included a collection of personnel forms and correspondence pertaining to promotions, reassignments, transfers, proficiency ratings, physical examinations, etc., all of which are duplicated in the Professional Standards Board and Proficiency Rating Folder (101VA05). This system also contained board action folders for former employees who cannot be re-employed without approval of the Under Secretary for Health. As a result of a review of related systems of records maintained by the agency, it was determined there was no longer a need to maintain the records in 29VA11, since the records are maintained elsewhere.
Privacy Act of 1974; System of Records
The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that all agencies publish in the Federal Register a notice of the existence and character of their systems of records. Notice is hereby given that the Department of Veterans Affairs (VA) is amending the system of records entitled ``Litigant, Tort Claimant, EEO Complainant and Third Party Recovery FilesVA'' (16VA026) as set forth in full in the Federal Register on January 13, 1982 [47 F.R. 1463]. This system was subsequently amended in the Federal Register on April 25, 1983 [48 F.R. 17687] to add several new routine uses. VA is amending the system by revising the routine uses of records maintained in the system, combining three existing uses into one, deleting five old routine uses, and adding five new routine uses. The name of system of records is being changed to ``Litigation FilesVA'' to more closely encompass the complete scope of matters handled in VA litigation and administrative investigations carried out by OGC attorneys. This system contains records of Merit System Protection Board (MSPB) and Federal Labor Relations Authority (FLRA) disputes, contract litigation, Privacy Act and Freedom of Information Act litigation at the appellate level as well as EEO disputes, torts, and third party litigation. VA is republishing the system notice in its entirety.
Accreditation of Agents and Attorneys; Agents and Attorney Fees; Correction
This document corrects a Department of Veterans Affairs (VA) final rule that governs the representation of claimants for VA benefits. This correction removes obsolete regulations without making any substantive change to the content of the final rule.
Agency Information Collection Activities (VA Loan Guaranty Service Appraiser and Realtor Surveys) Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-21), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument.
Proposed Information Collection (Financial Status Report) Activity: Comment Request
The Office of Management (OM), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine a claimant's financial status.
Delegations of Authority: Regulation Policy and Management
This document amends the Department of Veterans Affairs (VA) regulations that delegate authority to manage, direct, and coordinate VA's rulemaking activities to certain officials. The amendments reflect the Secretary of Veterans Affairs' decisions to designate the General Counsel as the Department's Regulatory Policy Officer and to transfer the Office of Regulation Policy and Management to the Office of the General Counsel. These amendments are intended to provide VA with a single point of contact who can respond to the Secretary's rulemaking concerns.
Vocational Rehabilitation and Employment Program-Periods of Eligibility
This document proposes to amend regulations of the Department of Veterans Affairs (VA) concerning periods of eligibility applicable to VA's provision of Vocational Rehabilitation and Employment benefits and services. The proposed amendments are intended to reflect changes in law, to reflect VA's interpretation of statutory requirements, to make clarifying changes, and to make other changes that are nonsubstantive.
Agency Information Collection: Emergency Submission for OMB (FVEC) Review; Comment Request
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the United States Department of Veterans Affairs (VA), has submitted to the Office of Management and Budget (OMB) the following emergency proposal for the collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. 3507(j)(1)). The reason for the emergency clearance is to collect information from honorably discharged Filipino veterans' of WWII who served in the Armed Forces of the United States and who may be eligible to receive a one-time payment from Filipino Veterans Equity Compensation Fund (FVEC), which is a part of the President's Stimulus Package. OMB has been requested to act on this emergency clearance request by March 13, 2009.
Agency Information Collection (Interest Rate Reduction Refinancing Loan Worksheet) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Proposed Information Collection (uSPEQ® Consumer Survey Experience (Rehabilitation)) Activity; Comment Request
The Veterans Health Administration (VHA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each new collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to measure veterans' experience in VA's rehabilitation programs.
Agency Information Collection (Certification of Change or Correction of Name) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Agency Information Collection (VA Enrollment Certification) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Agency Information Collection (Notice of Lapse-Government Life Insurance) Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Proposed Information Collection (Survey of Veteran Enrollees' Health and Reliance Upon VA) Activity: Comment Request
The Veterans Health Administration (VHA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to this notice. This notice solicits comments for information needed to survey veteran enrollees' health status and reliance on VA's health care services.
Summary of Precedent Opinions of the General Counsel
The Department of Veterans Affairs (VA) is publishing a summary of legal interpretations issued by the Office of General Counsel involving Veterans' benefits under laws administered by VA. This interpretation is considered precedential by VA and will be followed by VA officials and employees in future claim matters involving the same legal issues. The summary is published to provide the public, and, in particular, Veterans' benefits claimants and their representatives, with notice of VA's interpretation regarding the legal matter at issue.
Schedule for Rating Disabilities; Eye; Correction
This document contains a minor correction to the final regulations that the Department of Veterans Affairs (VA) published at 73 FR 66543 on November 10, 2008. The rulemaking revised the portion of VA's Schedule for Rating Disabilities that addresses disabilities of the eye. One of the revised regulations contains an incorrect reference, and this document corrects that error.
Proposed Information Collection (Appointment of Veterans Service Organization or Individuals as Claimant's Representative) Activity: Comment Request
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to determine whether claimant appointed a veterans service organization or an individual to prosecute their VA claims.
Proposed Information Collection (National Survey of Veterans, Active Duty Service Members, Activated National Guard and Reserve Members, Family Members and Survivors) Activity; Comment Request
The Office of Policy and Planning, Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed new collection of information, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to satisfy the requirements detailed in Public Law 108-454, section 805. This project will collect information on awareness, demographics, health care, disability, life insurance, burial benefits, employment, education and training, and vocational rehabilitation. This project will provide information needed to support VA policy, planning, and quality improvement decisions.
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