[Federal Register Volume 66, Number 137 (Tuesday, July 17, 2001)]
[Rules and Regulations]
[Pages 37150-37151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17853]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 20

RIN 2900-AJ75


Board of Veterans' Appeals: Rules of Practice--Notification of 
Representatives in Connection With Motions for Revision of Decisions on 
Grounds of Clear and Unmistakable Error

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule the provisions of an 
interim final rule that amended the Rules of Practice of the Board of 
Veterans' Appeals (Board) relating to challenges to Board decisions on 
the grounds of ``clear and unmistakable error'' (CUE). The amendment 
provides for notification of the party's representative and an 
opportunity for a response when the Board receives a request for CUE 
review.

DATES: Effective Date: July 17, 2001.

FOR FURTHER INFORMATION CONTACT: Steven L. Keller (01C), Acting Vice 
Chairman, Board of Veterans' Appeals, Department of Veterans Affairs, 
810 Vermont Avenue, NW, Washington, DC 20420, (202) 565-5978.

SUPPLEMENTARY INFORMATION: The Board is an administrative body that 
decides appeals from denials of claims for veterans' benefits. There 
are currently 57 Board members, who decide 35,000 to 40,000 such 
appeals per year.
    This amendment was previously published in the Federal Register as 
an interim final rule on February 12, 1999 at 64 FR 7090, with a 
request for comments by March 15, 1999. We received no comments. Based 
on the rationale set forth in the interim final rule, we are adopting 
its provisions as a final rule with minor technical changes.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Unfunded Mandates

    The Unfunded Mandates Reform Act requires (in section 202) that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector of 
$100 million or more in any given year. This rule would have no 
consequential effect on State, local, or tribal governments.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule does 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 would affect only the processing of claims by VA and 
would 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 sections 603 and 604.

List of Subjects in 38 CFR Part 20

    Administrative practice and procedure, Claims, Veterans.


[[Page 37151]]


    Approved: July 9, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.
    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) and as noted in specific sections.

    2. In subpart O, Sec. 20.1405(a) is revised to read as follows:


Sec. 20.1405  Rule 1405. Disposition.

    (a) Docketing and assignment; notification of representative--(1) 
General. Motions under this subpart will be docketed in the order 
received and will be assigned in accordance with Sec. 19.3 of this 
title (relating to assignment of proceedings). Where an appeal is 
pending on the same underlying issue at the time the motion is 
received, the motion and the appeal may be consolidated under the same 
docket number and disposed of as part of the same proceeding. A motion 
may not be assigned to any Member who participated in the decision that 
is the subject of the motion. If a motion is assigned to a panel, the 
decision will be by a majority vote of the panel Members.
    (2) Notification of representative. When the Board receives a 
motion under this subpart from an individual whose claims file 
indicates that he or she is represented, the Board shall provide a copy 
of the motion to the representative before assigning the motion to a 
Member or panel. Within 30 days after the date on which the Board 
provides a copy of the motion to the representative, the representative 
may file a relevant response, including a request to review the claims 
file prior to filing a further response. Upon request made within the 
time allowed under this paragraph (a)(2), the Board shall arrange for 
the representative to have the opportunity to review the claims file, 
and shall permit the representative a reasonable time after making the 
file available to file a further response.
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[FR Doc. 01-17853 Filed 7-16-01; 8:45 am]
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