[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16946]


[[Page Unknown]]

[Federal Register: July 14, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG50

 

Examinations

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) has amended its 
regulations concerning examinations acceptable for VA rating purposes. 
The amendment increases the number of situations in which a private 
physician's statement may be accepted as a VA examination. The intended 
effect is to allow earlier rating action on acceptable medical evidence 
with no additional burden to either the claimant or VA.

EFFECTIVE DATE: This amendment is effective August 15, 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) 273-7210.

SUPPLEMENTARY INFORMATION: In the Federal Register of February 1, 1994, 
VA published a proposal to amend 38 CFR 3.326 to permit acceptance of a 
private physician's statement for rating purposes in claims for 
increased compensation due to the increased severity of service-
connected disabilities. Interested persons were invited to submit 
written comments, suggestions, or objections on or before April 4, 
1994. One comment was received. The commenter expressed his strong 
support for the proposal, stating that it sought to streamline part of 
the VA benefits process by allowing a claimant greater flexibility in 
securing medical documentation. He praised the proposal as an example 
of reinventing VA at the highest levels. We thank the commenter for his 
statement and deeply appreciate his support. Our proposal also 
clarified the other types of claims in which a private physician's 
statement may be accepted for rating purposes and made technical 
corrections to VA regulations. No comments were received on these 
issues. Therefore, we have adopted the proposed amendment without 
change.
    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.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Health care, 
Individuals with disabilities, Pensions, Veterans.

    Approved: July 1, 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. 3.326  [Amended]

    2. In Sec. 3.326, paragraph (b) is amended by removing the last 
sentence.
    3. In Sec. 3.326, paragraph (d) is revised and an authority 
citation is added at the end of the paragraph to read as follows:


Sec. 3.326  Examinations.

* * * * *
    (d) A statement from a private physician that includes clinical 
manifestations and substantiation of diagnosis by findings of 
diagnostic techniques generally accepted by medical authorities, such 
as pathological studies, X-rays, and laboratory tests as appropriate, 
may be accepted for rating the following claims without further 
examination, provided it is otherwise adequate for rating purposes:
    (1) A veteran's claim for increased compensation based either on 
the increased severity of a service-connected disability or on his or 
her spouse's need for aid and attendance under 38 U.S.C. 1115(1)(E);
    (2) A veteran's pension claim, including housebound and aid and 
attendance benefits;
    (3) A surviving spouse's claim for housebound or aid and attendance 
benefits;
    (4) A surviving parent's claim for aid and attendance benefits; or
    (5) A claim by or on behalf of a child based on permanent 
incapability of self-support (see Sec. 3.356).

(Authority: 38 U.S.C. 501(a)).


Sec. 3.351  [Amended]

    4. In Sec. 3.351(a)(2), the authority citation is revised to read 
as follows:

(Authority: 38 U.S.C. 1115(1)(E)).

[FR Doc. 94-16946 Filed 7-13-94; 8:45 am]
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