[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Notices]
[Pages 38245-38246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18582]


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DEPARTMENT OF VETERANS AFFAIRS

Summary of Precedent Opinions of the General Counsel

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Department of Veterans Affairs (VA) is publishing a 
summary of legal interpretations issued by the Department's General 
Counsel involving veterans' benefits under laws administered by VA. 
These interpretations are considered precedential by VA and will be 
followed by VA officials and employees in future claim matters. It is 
being published to provide the public, and, in particular, veterans' 
benefit claimants and their representatives, with notice of VA's 
interpretation regarding the legal matter at issue.


[[Page 38246]]


FOR FURTHER INFORMATION CONTACT: Jane L. Lehman, Chief, Law Library, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420, (202) 273-6558.

SUPPLEMENTARY INFORMATION: VA regulations at 38 CFR 2.6(e)(9) and 
14.507 authorized the Department's General Counsel to issue written 
legal opinions having precedential effect in adjudications and appeals 
involving veterans' benefits under laws administered by VA. The General 
Counsel's interpretations on legal matters, contained in such opinions, 
are conclusive as to all VA officials and employees not only in the 
matter at issue but also in future adjudications and appeals, in the 
absence of a change in controlling statute or regulation or a 
superseding written legal opinion of the General Counsel.
    VA publishes summaries of such opinions in order to provide the 
public with notice of those interpretations of the General Counsel that 
must be followed in future benefit matters and to assist veteran's 
benefit claimants and their representatives in the persecution of 
benefit claims. The full text of such opinions, with personal 
identifiers deleted, may be obtained by contacting the VA official 
named above.

VAOPGCPREC 1-96

    Questions Presented: a. Do the provisions of 38 CFR 3.114(b) apply 
to cases in which benefits are reduced or terminated as the result of a 
judicial precedent?
    b. If so, when, in such cases, benefits are awarded to one 
individual as the surviving spouse of a veteran and discontinued to 
another individual previously awarded benefits based on a ``deemed 
valid'' marriage to the veteran, is the effective date of the 
discontinuance of the latter individual's benefits governed by 38 CFR 
3.114(b) or 38 CFR Sec. 3.657(a)?
    Held: a. The provisions of 38 U.S.C. 5112(b)(6) and 38 CFR 
3.114(b), which govern the effective date of a reduction or 
discontinuance of benefits by reason of a change in law or 
administrative issue or a change in interpretation of a law or 
administrative issue, are applicable to cases in which benefits are 
reduced or terminated by reason of a change in the interpretation of 
law resulting from a judicial precedent.
    b. When, as the result of such a change in interpretation, an award 
of benefits is established for one individual as the legal surviving 
spouse of a veteran and discontinued for another individual who had 
previously received benefits based on a marriage to the veteran deemed 
valid pursuant to 38 U.S.C. 103(a), the effective date of the award to 
the legal surviving spouse is governed by 38 U.S.C. 5110(a), which 
provides for establishment of an effective date in accordance with the 
facts found, but not earlier than the date of receipt of an application 
for benefits. The effective date of the discontinuance to the prior 
payee is governed by 38 U.S.C. 5112(b)(6) and 38 CFR 3.114(b). To the 
extent that application of 38 CFR 3.657(a) would, in a particular case, 
suggest that the prior payee's award be terminated at a date earlier 
than that provided by 38 U.S.C. 5112(b)(6), that regulation must be 
considered superseded by section 5112(b)(6).

Effective Date: February 17, 1996.

VAOPGCPREC 2-96

    Question Presented: Whether, under 38 U.S.C. 5313, a veteran who 
was paroled after being incarcerated for conviction of a felony is 
entitled to full compensation for a service-connected disability for 
the period during which he violated the conditions of parole?
    Held: The provisions of 38 U.S.C. 5313 do not apply to a veteran 
who is a parole following incarceration for conviction of a felony and 
who is in violation of one or more of the conditions of parole, unless 
the veteran has been reincarcerated.

Effective Date. May 13, 1996.

VAOPGCPREC 3-96

    Question Presented: How should reimbursements for the costs of VA 
furnished medical care received from health insurance policies of 
insured veterans be applied to their obligation to pay VA a portion of 
the cost of that care?
    Held: 1. Veterans covered by health insurance policy who are 
obligated to VA for a portion of the cost of their nonservice-connected 
medical care should be allowed to satisfy their obligation(s) to VA to 
the extent of coverage available under their policies.
    2. Non-Medigap insurance proceeds should be applied to the 
veteran's VA copayment debt, after subtracting the policy deductible, 
by applying the same percentage factor of payment as corresponds to the 
insurer's liability for the remainder of allowable charges.
    3. Reimbursements from Medigap carriers should first be applied to 
the veterans' copayment debt(s), including ``means test'' copayment, 
per diem copayments, outpatient copayments, and prescription copayments 
before application of those proceeds to the carrier's debt.

    Effective Date: May 23, 1996.

    By Direction of the Secretary.
Mary Lou Keener,
General Counsel.
[FR Doc. 96-18582 Filed 7-22-96; 8:45 am]
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