[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-3065] [[Page Unknown]] [Federal Register: February 14, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AG28 Procedural Due Process and Appellate Rights AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) has amended its regulations concerning procedural due process and appellate rights. The change adds three exceptions to the general requirement that a pretermination/reduction notice must be sent to a claimant prior to accomplishing an action adversely affecting benefit payments. The intended effects of the change are to allow earlier adjudicative response in certain situations and to reduce the amount of potential overpayments. EFFECTIVE DATE: The effective date is March 16, 1994. FOR FURTHER INFORMATION CONTACT: Steven Thornberry, Consultant, Regulations Staff, Compensation and Pension Service, Veterans Benefits Administration, 810 Vermont Avenue, NW., Washington, DC 20420, telephone (202) 233-3005. SUPPLEMENTARY INFORMATION: VA published a proposal to amend 38 CFR 3.103(b)(3) in the Federal Register of July 15, 1993 (58 FR 38104-06). Interested persons were invited to submit written comments on or before August 16, 1993. No comments were received, and the amendments are adopted as proposed. The Secretary hereby certifies that these regulatory amendments will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612. The reason for this certification is that these amendments would not directly affect any small entities. Only VA beneficiaries could be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), these amendments are exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. There is no affected Catalog of Federal Domestic Assistance program number. List of Subjects in 38 CFR Part 3 Administrative practice and procedure, Claims, Handicapped, Health care, Pensions, Veterans. Approved: January 12, 1994. Jesse Brown, Secretary of Veterans Affairs. For the reasons set forth in the preamble, 38 CFR part 3 is amended to read as follows: 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. Sec. 3.103 [Amended] 2. Section 3.103(b)(3)(i) is amended by adding the words ``to VA'' after the word ``provided.'' 3. In Sec. 3.103 remove the word ``or'' at the end of paragraph (b)(3)(ii); remove the ``.'' at the end of paragraph (b)(3)(iii) and add in its place a ``,''; and add paragraphs (b)(3)(iv), (b)(3)(v), (b)(3)(vi), and an authority citation to read as follows: Sec. 3.103 Procedural due process and appellate rights. * * * * * (b) * * * (3) * * * (iv) An adverse action is based upon a written and signed statement provided by the beneficiary to VA renouncing VA benefits (see Sec. 3.106 on renouncement), (v) An adverse action is based upon a written statement provided to VA by a veteran indicating that he or she has returned to active service, the nature of that service, and the date of reentry into service, with the knowledge or notice that receipt of active service pay precludes concurrent receipt of VA compensation or pension (see Sec. 3.654 regarding active service pay), or (vi) An adverse action is based upon a garnishment order issued under 42 U.S.C. 659(a). (Authority: 38 U.S.C. 501(a)) * * * * * [FR Doc. 94-3065 Filed 2-11-94; 8:45 am] BILLING CODE 8320-01-P