[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Pages 78083-78084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32122]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0085]


Agency Information Collection (Appeal to Board of Veterans' 
Appeals) Activities Under OMB Review

AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 
(44 U.S.C. 3501-3521), this notice announces that the Board of 
Veterans' Appeals (BVA), 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.

DATES: Comments must be submitted on or before January 17, 2012.

ADDRESSES: Submit written comments on the collection of information 
through http://www.Regulations.gov or to VA's OMB Desk Officer, OMB 
Human Resources and Housing Branch, New Executive Office Building, Room 
10235, Washington, DC 20503 (202) 395-7316. Please refer to ``OMB 
Control No. 2900-0085'' in any correspondence.

FOR FURTHER INFORMATION CONTACT: Denise McLamb, Enterprise Records 
Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue 
NW., Washington, DC 20420, (202) 632-7479, FAX (202) 273-0487 or email 
[email protected]. Please refer to ``OMB Control No. 2900-0085.''

SUPPLEMENTARY INFORMATION:
    Titles:
    a. Appeal to Board of Veterans' Appeals, VA Form 9.
    b. Withdrawal of Services by a Representative.
    c. Request for Changes in Hearing Date.
    d. Motions for Reconsideration.
    OMB Control Number: 2900-0085.
    Type of Review: Extension of a currently approved collection.
    Abstract:
    a. Appeal to Board of Veterans' Appeals, VA Form 9, may be used by 
appellants to complete their appeal to the Board of Veterans' Appeals 
(BVA) from a denial of VA benefits. The information is used by BVA to 
identify the issues in dispute and prepare a decision responsive to the 
appellant's contentions and the legal and factual issues raised.
    b. Withdrawal of Services by a Representative: When the appellant's 
representative withdraws from a case, both the appellant and the BVA 
must be informed so that the appellant's rights may be adequately 
protected and so that the BVA may meet its statutory obligations to 
provide notice to the current representative.
    c. Request for Changes in Hearing Date: VA provides hearings to 
appellants and their representatives, as required by basic 
Constitutional due-process and by Title 38 U.S.C. 7107(b). From time to 
time, hearing dates and/or times are changed, hearing requests 
withdrawn and new hearings requested after failure to appear at a 
scheduled hearing. The information is used to comply with the 
appellants' or their representatives' requests.
    d. Motions for Reconsideration: Decisions by BVA are final unless 
the Chairman orders reconsideration of the decision either on the 
Chairman's initiative, or upon motion of a claimant. The Board 
Chairman, or his designee, uses the information provided in deciding 
whether reconsideration of a Board decision should be granted.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection

[[Page 78084]]

of information was published on September 28, 2011, at pages 60135-
60136.
    Affected Public: Individuals or households, Business or other for 
profit, and Not for profit institutions.
    Estimated Total Annual Burden:
    a. Appeal to Board of Veterans' Appeals, VA Form 9--45,850 hours.
    b. Withdrawal of Services by a Representative--183 hours.
    c. Request for Changes in Hearing Date--1,212 hours.
    d. Motions for Reconsideration--846 hours.
    Estimated Average Burden Per Respondent:
    a. Appeal to Board of Veterans' Appeals, VA Form 9--1 hour.
    b. Withdrawal of Services by a Representative--20 minutes.
    c. Request for Changes in Hearing Date--15 minutes (hearing date 
change), 15 minutes (request to withdraw a hearing),--1 hour (requests 
change a motion).
    d. Motions for Reconsideration--1 hour.
    Frequency of Response: On occasion.
    Estimated Total Number of Respondents:
    a. Appeal to Board of Veterans' Appeals, VA Form 9--45,850.
    b. Withdrawal of Services by a Representative--550.
    c. Request for Changes in Hearing Date--2,733.
    d. Motions for Reconsideration--846.

    Dated: December 9, 2011.
    By direction of the Secretary:
Denise McLamb,
Program Analyst, Enterprise Records Service.
[FR Doc. 2011-32122 Filed 12-14-11; 8:45 am]
BILLING CODE 8320-01-P