[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Rules and Regulations]
[Pages 19857-19858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9642]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AJ55


Certification of Evidence for Proof of Service

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations concerning the nature of evidence that VA will 
accept as proof of military service. In the past, VA only accepted 
original service documents or copies of service documents issued by the 
service department or by a public custodian of records. This change 
authorizes VA to accept photocopies of service documents as evidence of 
military service if they are certified to be true copies of documents 
acceptable to VA by an accredited agent, attorney or service 
organization representative who has successfully completed VA-
prescribed training on military records. The intended effect of this 
amendment is to streamline the processing of claims for benefits.

DATES: April 18, 2001.

FOR FURTHER INFORMATION CONTACT: Bill Russo, Attorney-Advisor, 
Compensation and Pension Service, Veterans Benefits Administration, 810 
Vermont Avenue, NW., Washington, DC 20420; telephone (202) 273-7210; e-
mail [email protected].

SUPPLEMENTARY INFORMATION: On June 27, 2000, VA published in the 
Federal Register (65 FR 39580-39581), a proposed regulation to amend VA 
adjudication regulations to allow VA to accept photocopies of service 
documents as proof of service if they are certified by a claimant's 
representative who has successfully completed VA-prescribed training on 
military records, to be true copies of the original documents 
acceptable to VA. We asked for comments by August 28, 2000 and we 
received written comments from the American Legion and the Veterans of 
Foreign Wars. The two commentors did not suggest any changes.

[[Page 19858]]

    The American Legion stated that the proposed regulation would be 
helpful to veterans and their representatives in submitting more 
completely developed claims. They also stated that it will help 
streamline VA claims procedures and help speed up the overall 
adjudication process. The Veterans of Foreign Wars stated that they 
concur with the proposed regulation.
    Based on the rationale set forth in the proposed rule and this 
document, we are adopting the provisions of the proposed rule as a 
final rule without any changes.

Paperwork Reduction Act

    The certification referenced in this final rule is not 
``information'' in a collection of information as defined under 5 CFR 
1320.3(h)(1). Therefore, this final rule contains no provisions 
constituting a collection of information under the Paperwork Reduction 
Act (44 U.S.C. 3501-3520).

Executive Order 12866

    This final rule has been reviewed by the Office of Management and 
Budget under Executive Order 12866.

Regulatory Flexibility Act

    The Secretary hereby certifies that this regulatory amendment will 
not have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601-612. The reason for this certification is that these 
amendments would not directly affect any small entities. Only VA 
beneficiaries could be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), these amendments are exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.
    The Catalog of Federal Domestic Assistance program numbers are 
64.100, 64.101, 64.104, 64.105, 64.106, 64.109, 64.110, and 64.127.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: February 15, 2001.
Anthony J. Principi,
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. 3.203, at the end of paragraph (a)(1) remove ``custody; 
and'' and add the following:


Sec. 3.203  Service records as evidence of service and character of 
discharge.

    (a) * * *
    (1) * * * custody or, if the copy was submitted by an accredited 
agent, attorney or service organization representative who has 
successfully completed VA-prescribed training on military records, and 
who certifies that it is a true and exact copy of either an original 
document or of a copy issued by the service department or a public 
custodian of records; and''.
* * * * *
[FR Doc. 01-9642 Filed 4-17-01; 8:45 am]
BILLING CODE 8320-01-P