[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