[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Rules and Regulations]
[Pages 33579-33580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16363]


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DEPARTMENT OF VETERANS AFFAIRS

Board of Veterans' Appeals

38 CFR Part 20

RIN 2900-AI87


Board of Veterans' Appeals: Rules of Practice--Continuation of 
Representation Following Death of a Claimant or Appellant

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Rules of Practice of the Board of 
Veterans' Appeals (Board) to eliminate a rule which automatically 
assigns a deceased appellant's representative to the appellant's 
survivor. This change is necessary because of a court ruling which 
eliminates the need for such a provision.

DATES: Effective Date: July 20, 1998.

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 October 23, 1997, VA published in the 
Federal Register (62 FR 55200) a proposed rule which would eliminate a 
provision in the Board's Rules of Practice--Rule 611 (38 CFR 20.611)--
permitting a deceased appellant's representative to continue to act 
with respect to any appeal pending upon the death of the appellant. We 
proposed this change because the U.S. Court of Veterans Appeals had 
ruled that, generally, a claim for benefits does not survive the death 
of the claimant. Smith (Irma) v. Brown, 10 Vet. App. 330 (1997).
    The public was given 60 days to submit comments. VA received no 
comments.
    Accordingly, based on the rationale set forth in the proposed rule 
document,

[[Page 33580]]

we are adopting without change the provisions of the proposed rule as a 
final rule.
    The Secretary hereby certifies that this proposed 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 only the processing of claims by 
VA 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. In 
addition, since no notice of proposed rule making is required in 
connection with the adoption of this final rule, no regulatory 
flexibility analysis is required under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.).

List of Subjects in 38 CFR Part 20

    Administrative practice and procedure, Claims, Veterans.

    Approved: April 6, 1998.
Togo D. West, Jr.,
Acting Secretary.

    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).


Sec. 20.611  [Removed]

    2. In subpart G, Sec. 20.611 is removed.

[FR Doc. 98-16363 Filed 6-18-98; 8:45 am]
BILLING CODE 8320-01-P