[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