[Federal Register Volume 62, Number 195 (Wednesday, October 8, 1997)]
[Rules and Regulations]
[Pages 52502-52503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26613]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 19

RIN 2900-AI50


Appeals Regulations: Remand for Further Development

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule amendments to the appeals 
regulations of the Board of Veterans' Appeals (Board) of the Department 
of Veterans Affairs (VA). The amendments change the circumstances in 
which the Board must remand a case to the VA field facility with 
original jurisdiction in the case. The changes help avoid unnecessary 
remands.

EFFECTIVE DATE: October 8, 1997.

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: On July 3, 1997, VA published in the Federal 
Register (62 FR 36038) a proposed rule which would require the Board to 
remand a case to the agency of original jurisdiction (``AOJ'') (usually 
one of VA's 58 regional offices) when

[[Page 52503]]

additional evidence or clarification of the evidence or correction of a 
procedural defect is essential for a proper appellate decision, but 
would specify that the Board need not remand a case to clarify 
procedural matters before the Board, such as the choice of 
representative, the issues on appeal, or requests for hearings before 
the Board. The proposed rule would not apply to requests for medical or 
legal opinions under 38 CFR 20.901, nor to matters in which the Board 
has original jurisdiction under 38 CFR 20.609 (relating to 
representatives' fees) and Sec. 20.610 (relating to representatives' 
expenses), since those cases, by their terms, do not involve 
adjudications by AOJs.
    The public was given 30 days to submit comments. VA received no 
comments.
    Accordingly, based on the rationale set forth in the proposed rule 
document, we are adopting without change the provisions of the proposed 
rule as a final rule.
    Good cause is found for making this final rule effective on 
publication. This final rule will help avoid unnecessary remands 
without causing adverse effects to claimants.

List of Subjects in 38 CFR Part 19

    Administrative practice and procedure, Claims, Veterans.

    Approved: September 26, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 19 is amended 
as set forth below:

PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS

    1. The authority citation for part 19 continues to read as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    2. In subpart A, Sec. 19.9 is revised to read as follows:


Sec. 19.9   Remand for further development.

    (a) General. If further evidence or clarification of the evidence 
or correction of a procedural defect is essential for a proper 
appellate decision, a Member or panel of Members of the Board shall 
remand the case to the agency of original jurisdiction, specifying the 
action to be undertaken. A remand is not required to clarify procedural 
matters before the Board, including appellant's choice of 
representative before the Board, the issues on appeal, and requests for 
hearings before the Board.
    (b) Scope. This section does not apply to:
    (1) The Board's requests for opinions under Rule 901 (Sec. 20.901 
of this chapter);
    (2) The Board's supplementation of the record with recognized 
medical treatises; and
    (3) Matters over which the Board has original jurisdiction 
described in Rules 609 and 610 (sections 20.609 and 20.610 of this 
chapter).

(Authority: 38 U.S.C. 7102, 7103(c), 7104(a))

[FR Doc. 97-26613 Filed 10-7-97; 8:45 am]
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