[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Rules and Regulations]
[Pages 29027-29028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14364]



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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 20

RIN 2900-AI15


Rules of Practice: Elimination of Unnecessary Provisions Relating 
to Representation, Witnesses, and Access to Board Records

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Rules of Practice for the Board of 
Veterans' Appeals (Board) to eliminate unnecessary provisions 
concerning individuals who may assist an attorney in presenting 
evidence and argument at the Board, concerning testimony from members 
of Congress and Congressional staffs, and concerning Board records. The 
Board adjudicates appeals of denials of claims for veterans' benefits.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Chief Counsel, Board 
of Veterans' Appeals, Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420 (202-565-5978).

SUPPLEMENTARY INFORMATION: This document eliminates from the Board's 
Rules of Practice provisions which are no longer necessary.
    In Sec. 20.606, relating to legal interns, law students and 
paralegals, former paragraph (a) is deleted. Previously, that paragraph 
limited to two the number of such individuals who may assist an 
attorney in presenting evidence and argument at the Board. Particularly 
with the limitation in former paragraph (d) of Sec. 20.606--which 
limits to two the number of such individuals who may make a 
presentation at a hearing and permits the presiding Member to limit 
participation at a hearing--we do not believe the limitation in 
paragraph (a) is needed. New paragraph (d) (former paragraph (e)) is 
amended to provide that a presiding Member of a hearing--as well as the 
Chairman--may withdraw permission for a legal intern, law student or 
paralegal to prepare and present cases before the Board if the 
individual demonstrates incompetence, unprofessional conduct, or 
interference with the appellate process.
    Section 20.710, relating to witnesses at hearings, is rewritten to 
delete specific instructions that Members of Congress and Congressional 
staff may testify at a hearing, and to delete the extensive discussion 
of the nature of an affirmation (as opposed to an oath). We do not 
believe either provision is necessary.
    Section 20.1300, relating to access to Board records, is rewritten 
to limit its

[[Page 29028]]

applicability to removal of Board records. Previous paragraphs (b) 
through (e) restate statutory and other regulatory provisions regarding 
access to records which we believe are unnecessary in the Board's Rules 
of Practice.
    This final rule concerns agency procedure or practice and, 
consequently, pursuant to 5 U.S.C. 553, is exempt from notice and 
comment requirements.
    The Secretary hereby 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 rule will affect VA beneficiaries and will not affect small 
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is 
exempt from the initial and final regulatory flexibility analyses 
requirements of Secs. 603 and 604.

List of Subjects in 38 CFR Part 20

    Administrative practice and procedure, Claims, Lawyers, Legal 
services, Veterans.

    Approved: May 31, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 20 is amended 
as set forth below:

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

    1. The authority citation for part 20 continues to read as follows:
    Authority: 38 U.S.C. 501(a).

Subpart G--Representation


Sec. 20.606  [Amended]

    2. In Sec. 20.606, paragraph (a) is removed; and paragraphs (b), 
(c), (d) and (e) are redesignated as paragraphs (a), (b), (c) and (d), 
respectively.
    3. In Sec. 20.606, newly redesignated paragraph (c) is amended by 
removing ``paragraph (b)'' in the fourth sentence and adding, in its 
place, ``paragraph (a)''
    4. In Sec. 20.606, newly redesignated paragraph (d) is amended by 
adding ``or presiding Member'' immediately following ``Chairman'' in 
the last sentence.

Subpart H--Hearings on Appeal

    5. Section 20.710 is revised to read as follows:


Sec. 20.710 Rule 710.  Witnesses at hearings.

    The testimony of witnesses, including appellants, will be heard. 
All testimony must be given under oath or affirmation. Oath or 
affirmation is not required for the sole purpose of presenting 
contentions and argument.

    Authority: 38 U.S.C. 7102, 7105(a), 7107.

Subpart N--Miscellaneous

    6. Section 20.1300 is revised to read as follows:


Sec. 20.1300 Rule 1300.  Removal of Board records.

    No original record, paper, document or exhibit certified to the 
Board may be taken from the Board except as authorized by the Chairman 
or except as may be necessary to furnish copies or to transmit copies 
for other official purposes.

    Authority: 38 U.S.C. 5701.

[FR Doc. 96-14364 Filed 6-6-96; 8:45 am]
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