[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21849]
[[Page Unknown]]
[Federal Register: September 8, 1994]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AG85
Evidence Requirements
AGENCY: Department of Veterans Affairs.
ACTION: Interim rule with request for comments.
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SUMMARY: The Department of Veterans Affairs (VA) has amended its
adjudication regulations concerning the evidence requirements to
establish birth, death, marriage or relationship. This amendment is
necessary to expedite the payment of benefits by allowing VA to accept
photocopies of documents necessary to establish birth, death, marriage
or relationship. The intended effect of this amendment is to improve
the efficiency and timeliness of claims processing.
DATES: Comments must be received on or before November 7, 1994.
Comments will be available for public inspection until November 17,
1994.
ADDRESSES: Interested persons are invited to submit written comments,
suggestions, or objections regarding this amendment to Secretary of
Veterans Affairs (271A), Department of Veterans Affairs, 810 Vermont
Avenue, NW., Washington, DC 20420. All written comments received will
be available for public inspection only in the Veterans Services Unit,
Room 119, at the above address between the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday (except holidays).
FOR FURTHER INFORMATION CONTACT:
John Bisset, Jr., Consultant, Regulations Staff, Compensation and
Pension Service, Veterans Benefits Administration (202) 233-3005.
SUPPLEMENTARY INFORMATION: A number of recent developments, including
military downsizing, judicial review of VA decisions concerning benefit
claims, and changes in due process procedures, have had a major impact
on the volume of claims filed with the VA. The growing backlog of
pending claims has created additional delays for claimants, and in June
1993 VA established a Blue Ribbon Panel on Claims Processing (the
Panel) to develop recommendations on eliminating this backlog and
improving the timeliness of claims processing.
One recommendation by the Panel was to revise the regulations to
allow the acceptance of photocopies of documents necessary to establish
birth, death, marriage or relationship. Current VA regulations provide,
in general, that, in order to establish birth, death, marriage or
relationship for VA purposes, a claimant must submit a copy of the
required document certified over the signature and official seal of the
person having custody of the record.
It has been our experience that many claimants are not certain of
the definition of a ``certified copy'' and often submit photocopies of
notarized copies, or fail to respond to a request for evidence because
of difficulty in obtaining certified copies. Such actions by claimants
result either in additional requests from VA for certified copies--
further delaying the authorization of benefits--or in benefits to which
a claimant may be entitled being denied.
Accepting photocopies would reduce not only delays but also the
frustrations experienced by claimants who have difficulty obtaining
certified copies. The Panel was of the opinion that 38 CFR 3.216, which
requires claimants to furnish VA with the social security numbers for
all dependents on whose behalf benefits are claimed or received, and 38
U.S.C. 5317, which authorizes data exchanges between VA and other
federal agencies, are adequate safeguards against the possibility that
VA would erroneously award benefits based upon acceptance of altered
photocopies. Additionally, VA would retain the option of requesting
certified documentation if not satisfied that the photocopies are
genuine or free from alteration.
The Secretary of Veterans Affairs has accepted this recommendation
of the Panel, and we have amended 38 CFR 3.202(c), 3.204 (b) and (c),
3.205(a), 3.207(b), 3.209 (a) and (b), 3.210 (b) and (c), and 3.211 (a)
and (d) to implement the Secretary's decision. We have also amended
Sec. 3.205(a)(4) to remove the restrictions to the submission of an
original certificate of marriage, which are unnecessary in view of the
determination to accept a photocopy. Additionally, we have amended
Sec. 3.210(b)(3)(i) to reflect gender-neutral terminology in accordance
with 38 CFR 1.13. In light of the Secretary's commitment to reduce the
backlog of pending claims and provide timely claims adjudication to all
claimants, and since this action cannot work to the detriment of any
claimant and is an agency rule of practice or procedure, we have
elected to publish this rule as an interim rule with request for
comments rather than a proposed rule.
This amendment is effective the date of publication of the interim
rule. The Secretary finds good cause for doing so since this amendment
will work to the advantage of those who will be affected without
working to the detriment of any other claimant. This decision is fully
consistent with VA's longstanding policy to administer the law under a
broad interpretation for the benefit of veterans and their dependents
(38 CFR 3.102). Although this amendment is effective immediately, any
comments received will be carefully considered and another rule
document will be published, if indicated.
The Secretary hereby certifies that this regulatory amendment 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 this
amendment would not directly affect any small entities. Only VA
beneficiaries could be directly affected. Therefore, pursuant to 5
U.S.C. 605(b), this amendment is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
The Catalog of Federal Domestic Assistance program numbers are
64.104, 64.105, 64.109 and 64.110.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Handicapped, Health
care, Pensions, Veterans.
Approved: July 14, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 3 is amended
as set forth below:
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. 3.202 [Amended]
2. In Sec. 3.202(c), remove the words ``certified in accordance
with Sec. 3.204(c)'' and insert, in their place, the words ``they
satisfy the requirements of Sec. 3.204''.
3. In Sec. 3.204, paragraph (c) is removed, and paragraph (b) is
revised to read as follows:
Sec. 3.204 Evidence other than evidence of service.
* * * * *
(b) Acceptability of photocopies. Photocopies of documents
necessary to establish birth, death, marriage or relationship under the
provisions of Secs. 3.205 through 3.215 of this part are acceptable as
evidence if the Department of Veterans Affairs is satisfied that the
copies are genuine and free from alteration. Otherwise, VA may request
a copy of the document certified over the signature and official seal
of the person having custody of such record.
4. In Sec. 3.205, paragraphs (a)(1) and (a)(4) are revised to read
as follows:
Sec. 3.205 Marriage.
(a) * * *
(1) Copy or abstract of the public record of marriage, or a copy of
the church record of marriage, containing sufficient data to identify
the parties, the date and place of marriage, and the number of prior
marriages if shown on the official record.
* * * * *
(4) The original certificate of marriage, if the Department of
Veterans Affairs is satisfied that it is genuine and free from
alteration.
* * * * *
Sec. 3.207 [Amended]
5. In Sec. 3.207(b), remove the words ``A certified copy, or
certified abstract, of the decree of annulment.'' and insert, in their
place, the words ``A copy or abstract of the decree of annulment.''
Sec. 3.209 [Amended]
6. In Sec. 3.209 (a) and (b), remove the words ``, certified by the
custodian of such records'' where they appear.
7. In Sec. 3.210, paragraphs (c) introductory text and (c)(1)(i),
the word ``certified'' is removed where it appears, and paragraph
(b)(3)(i) is revised to read as follows:
Sec. 3.210 Child's relationship.
* * * * *
(b) * * *
(3) * * *
(i) A copy of the public record of birth or church record of
baptism, showing that the veteran was the informant and was named as
parent of the child; or
* * * * *
Sec. 3.211 [Amended]
8. In Sec. 3.211, paragraph (a)(1), the words ``certified by the
custodian of such records'' are removed; in paragraphs (a)(2) and
(d)(2), the word ``certified'' is removed where it appears.
[FR Doc. 94-21849 Filed 9-7-94; 8:45 am]
BILLING CODE 8320-01-M