[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Page 27409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12707]



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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AH38


Examinations

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations to reflect a statutory change which authorizes 
VA to accept the report of a private physician's examination that is 
otherwise adequate for rating purposes to establish entitlement to 
compensation or pension benefits.

EFFECTIVE DATE: This amendment is effective November 2, 1994, the date 
that Public Law 103-446, the Veterans' Benefits Improvements Act of 
1994, became effective.

FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant, 
Regulations Staff (211B), Compensation and Pension Service, Veterans 
Benefits Administration, 810 Vermont Avenue NW., Washington, DC 20420, 
telephone (202) 273-7210.

SUPPLEMENTARY INFORMATION: On November 2, 1994, the Veterans' Benefits 
Improvements Act of 1994 was signed into law. Section 301 of that 
statute created 38 U.S.C. 5125, which authorizes the Secretary of 
Veterans Affairs to accept the report of a private physician's 
examination that is otherwise adequate for rating purposes to establish 
entitlement to compensation or pension benefits. This document amends 
38 CFR 3.157, 3.326, 3.327, and 3.352 in order to reflect that 
statutory authority.
    38 CFR 3.157(b)(2) is amended to remove the requirement that a 
private physician's statement be confirmed by a VA examination prior to 
granting service connection for a disability. 38 CFR 3.326(d) is 
amended to show that a private physician's statement may be accepted 
for rating any compensation or pension claim as long as it is adequate 
for rating purposes. 38 CFR 3.327(b)(1) is amended to remove the 
requirement that at least one VA examination be made in every case in 
which compensation benefits are awarded. 38 CFR 3.352(b)(1) is amended 
to remove the requirement that a veteran's need for the special aid and 
attendance benefit under 38 U.S.C. 1114(r) must be determined by a 
Department of Veterans Affairs physician.

Administrative Procedure Act

    This final rule amends VA regulations merely to reflect statutory 
provisions. Accordingly, there is a basis for dispensing with prior 
notice and comment and for dispensing with a 30-day delay of the 
effective date.

Regulatory Flexibility Act

    This final rule will not have a significant economic impact on a 
substantial number of small entities since it merely reflects a 
statutory change.
    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, Health care, 
Individuals with disabilities, Pensions, Veterans.

    Approved: May 17, 1995.
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. 3.157  [Amended]

    2. In Sec. 3.157, the last sentence in paragraph (b)(2) is removed.
    3. In Sec. 3.326, paragraph (d) is revised 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 any claim without further examination, 
provided it is otherwise adequate for rating purposes.

(Authority: 38 U.S.C. 5125)


Sec. 3.327  [Amended]

    4. In Sec. 3.327, the first two sentences in paragraph (b)(1) are 
removed.


Sec. 3.352  [Amended]

    5. In Sec. 3.352, paragraph (b)(1)(iv) is removed.

[FR Doc. 95-12707 Filed 5-23-95; 8:45 am]
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