[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Rules and Regulations]
[Page 13424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7326]



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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AH48


Examinations

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, without change, an 
interim rule that amended the Department of Veterans Affairs (VA) 
adjudication regulations concerning compensation and pension claims 
filed by veterans, surviving spouses, or parents. With respect to 
language for authorizing VA examinations, this final rule provides that 
a VA examination will be authorized where there is a well-grounded 
claim for disability compensation or pension but the medical evidence 
accompanying the claim is not adequate for rating purposes. This final 
rule reflects statutory language and caselaw requirements concerning 
such VA examinations.

EFFECTIVE DATE: This final rule is effective March 27, 1996. (The 
interim rule was effective October 11, 1995.)

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

SUPPLEMENTARY INFORMATION: On October 11, 1995, VA published in the 
Federal Register (60 FR 52863) an interim final rule intended to 
clarify the circumstances under which a VA examination will be 
authorized. Interested parties were invited to submit written comments 
on or before December 11, 1995. We received no comments.
    Based on the rationale set forth in the interim final rule, the 
provisions of the interim final rule are adopted as a final rule 
without change.
    The Secretary certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule will directly affect VA beneficiaries but will not 
affect small businesses. Therefore, pursuant to 5 U.S.C. 606(b), this 
final rule 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 
64.100, 64.104, 64.105, 64.106, 64.109, and 64.110.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: March 18, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
[FR Doc. 96-7326 Filed 3-26-96; 8:45 am]
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