[Federal Register Volume 61, Number 214 (Monday, November 4, 1996)]
[Rules and Regulations]
[Page 56626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28039]



[[Page 56626]]

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AH51


Evidence of Dependents and Age

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations concerning the evidence required to establish 
marriage, dissolution of marriage, birth of a child, and death of a 
family member. This amendment implements a provision of the ``Veterans' 
Benefits Improvements Act of 1994,'' which authorizes the Secretary to 
accept the written statement of a claimant as proof of the existence of 
these relationships. This amendment is intended to facilitate proof of 
the existence of these relationships.

EFFECTIVE DATE: November 4, 1996.

FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone (202) 273-7230.

SUPPLEMENTARY INFORMATION: Section 301 of the ``Veterans' Benefits 
Improvements Act of 1994,'' Pub. L. 103-446, authorizes the Secretary 
to accept the written statement of a claimant as proof of the existence 
of the following relationships between the claimant and another person: 
marriage, dissolution of marriage, birth of a child, and the death of 
any family member. The statute further authorizes the Secretary to 
require documentation in support of the claimant's statement if: (1) 
The claimant does not reside within a State; (2) the claimant's 
statement on its face raises a question of its validity; (3) there is 
conflicting information of record; or (4) there is a reasonable 
indication, in the claimant's statement or otherwise, of fraud or 
misrepresentation. In the Federal Register of May 17, 1996 (61 FR 
24910-11), VA published a proposal to amend 38 CFR 3.204 and 3.213 to 
allow the Secretary to exercise this discretionary authority. 
Interested persons were invited to submit written comments on or before 
July 16, 1996. No comments were received. The information presented in 
the proposed rule document still provides a basis for this final rule. 
Therefore, based on the rationale set forth in the proposed rule 
document, we are adopting the provisions of the proposed rule as a 
final rule without change.
    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This 
final rule will not directly affect small entities. Only VA 
beneficiaries will be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), this final rule is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.
    This regulatory action has been reviewed by the Office of 
Management and Budget under Executive Order 12866, Regulatory Planning 
and Review, dated September 30, 1993.
    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, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: October 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is amended 
as follows:

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.

    2. In Sec. 3.204, the section heading is revised; paragraphs (a) 
and (b) are redesignated as paragraphs (b) and (c), respectively; and a 
new paragraph (a) is added to read as follows:


Sec. 3.204  Evidence of dependents and age.

    (a)(1) Except as provided in paragraph (a)(2) of this section, VA 
will accept, for the purpose of determining entitlement to benefits 
under laws administered by VA, the written statement of a claimant as 
proof of marriage, dissolution of a marriage, birth of a child, or 
death of a dependent, provided that the statement contains: the date 
(month and year) and place of the event; the full name and relationship 
of the other person to the claimant; and, where the claimant's 
dependent child does not reside with the claimant, the name and address 
of the person who has custody of the child. In addition, a claimant 
must provide the social security number of any dependent on whose 
behalf he or she is seeking benefits (see Sec. 3.216).
    (2) VA shall require the types of evidence indicated in Secs. 3.205 
through 3.211 where: the claimant does not reside within a state; the 
claimant's statement on its face raises a question of its validity; the 
claimant's statement conflicts with other evidence of record; or, there 
is a reasonable indication, in the claimant's statement or otherwise, 
of fraud or misrepresentation of the relationship in question.

(Authority: 38 U.S.C. 5124)
* * * * *


Sec. 3.204  [Amended]

    3. In Sec. 3.204, newly redesignated paragraph (b) is amended by 
removing the first sentence and adding in its place ``The classes of 
evidence to be furnished for the purpose of establishing marriage, 
dissolution of marriage, age, relationship, or death, if required under 
the provisions of paragraph (a)(2), are indicated in Secs. 3.205 
through 3.211 in the order of preference.''.


Sec. 3.213  [Amended]

    4. In Sec. 3.213, paragraph (a) introductory text is amended by 
removing the first sentence and adding in its place ``For the purpose 
of establishing entitlement to a higher rate of pension, compensation, 
or dependency and indemnity compensation based on the existence of a 
dependent, VA will require evidence which satisfies the requirements of 
Sec. 3.204.''.
    5. Each Cross Reference following Secs. 3.205, 3.206, 3.207, 3.208, 
3.209, 3.210, 3.211, 3.212, and 3.214, is amended by removing 
``Evidence other than evidence of service.'' wherever it appears and 
adding in its place ``Evidence of dependents and age.''.
    6. The Cross Reference following Sec. 3.213 is amended by removing 
``Evidence other than evidence of services.'' and adding in its place 
``Evidence of dependents and age.''.

[FR Doc. 96-28039 Filed 11-1-96; 8:45 am]
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