Department of Veterans Affairs February 2022 – Federal Register Recent Federal Regulation Documents

On February 16, 2022, the Department of Veterans Affairs (VA) published in the Federal Register a final rule that amended the regulations pertaining to the name of the Vocational Rehabilitation and Employment program to ``Veteran Readiness and Employment'' (VR&E). VA also amended the title of ``Vocational Rehabilitation and Employment Officer'' to ``Veteran Readiness and Employment Officer'' and the position of ``Director of Vocational Rehabilitation and Employment'' to ``Executive Director of Veteran Readiness and Employment''. This correction addresses minor technical errors in the published final rule.

Pursuant to the Privacy Act of 1974, notice is hereby given that the Department of Veterans Affairs (VA) is updating the system of records in its inventory entitled, ``Veterans and Dependents National Cemetery Gravesite Reservation Records'' VA (41VA41). This system contains information related to Veterans and their dependents who have made gravesite reservations with the National Cemetery Administration (NCA). VA is amending the system of records by revising the Purpose, Routine Uses of Records Maintained in the System, Safeguards, and Notification Procedure. VA is republishing the system notice in its entirety.

The Department of Veterans Affairs (VA) proposes to revise sections that address the ear, nose, throat, audiology, and respiratory systems. The purpose of these changes is to update medical terminology, incorporate medical advances that have occurred since the last review, and provide well-defined criteria in accordance with actual clinical practice. VA will also rename the body system currently designated for conditions related to hearing and the ear, to include the nose and throat. VA will also consolidate within the scope of otolaryngology several diagnostic codes (DCs) currently listed within the respiratory system.

Veterans Benefits Administration, 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.

Veterans Benefits Administration, 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 revision of a currently approved collection, and allow 60 days for public comment in response to the notice.

The Department of Veterans Affairs (VA) is seeking Tribal consultation on ``The Tribal Representation Expansion Project (T. REP)'', a project through which VA strives to ensure that Native American Veterans have access to responsible, qualified representation in the preparation, presentation, and prosecution of their benefit claims before VA. VA is seeking comments on whether Tribal communities currently have access to representation for VA benefit claims and, for those Tribes that are being underserved in terms of representation, whether the Tribal governments may be interested in collaborating with VA to designate an individual within the community as authorized to prepare, present, and prosecute VA benefit claims. In addition, VA is seeking comments and recommendations on any issues, concerns, or processes the Tribes believe should be addressed in T. REP to better ensure that the project is successful in helping to expand access to representation for Native American Veterans on their benefit claims before VA.

The Department of Veterans Affairs (VA) proposes to amend regulations governing disinterment of eligible decedents interred in VA national cemeteries. The amendment is necessary to clarify the requirements that must be met before VA can decide a disinterment request. Clarification of the requirements will help ensure consistent administration of disinterment requests at all VA national cemeteries. Current regulations permit disinterment only when all living immediate family members of the decedent, and the person who initiated the interment (whether or not such person is a member of the immediate family), all give their written consent, or when VA receives an order from a court or State instrumentality of competent jurisdiction directing the disinterment. We propose to clarify that if the individual who initiated the interment does not consent, or is not alive to provide consent, or all living immediate family members are not in agreement, anyone seeking disinterment of an eligible decedent must obtain an order from a court or State instrumentality of competent jurisdiction to direct the disinterment. This clarification will support the regulatory principle that all burials in national cemeteries are considered permanent and final and that a disinterment will be permitted only for cogent reasons, preserve the intent of the individual who initiated the interment, and ensure that a court or other appropriate entity rather than VA will adjudicate family disputes.

The Department of Veterans Affairs (VA) provides notice of a policy advisory issued on August 31, 2021, by VA's Education Service. The policy advisory clarifies and amends VA's previous regulatory interpretation of tuition and fees (T&F) payment plans to differentiate between types of payment plans. Some payment plans should no longer be categorized as institutional support to a student when calculating the ratio of ``supported'' to ``non-supported'' students in a program pursuant to the 85/15 Rule. While VA is retaining the general rule that a student who has a payment plan with an Educational Training Institute (ETI) should be considered supported, a student participating in a payment plan that meets the criteria set forth in this notice should not be considered supported and, instead, should be counted on the non- supported side of the 85/15 ratio.