[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Proposed Rules]
[Pages 10866-10867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5785]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK97


Time Limit for Requests for De Novo Review

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Department of Veterans 
Affairs (VA) adjudication regulations concerning the time a claimant 
has in which to request a de novo review of a claim at the Veterans 
Service Center level after filing a Notice of Disagreement (NOD). We 
believe this amendment will eliminate unnecessary delays in the appeals 
process without adversely affecting claimants.

DATES: Comments must be received on or before May 10, 2002.

[[Page 10867]]


ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW., Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to [email protected]. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AK97.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Bill Russo, Regulations Staff, 
Compensation and Pension Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420, telephone (202) 273-7211.

SUPPLEMENTARY INFORMATION: Under existing statutes and regulations, a 
claimant who disagrees with a decision by a Veterans Service Center may 
appeal that decision by filing a NOD. Upon receipt of a NOD, VA must 
``take such development or review action as it deems proper under the 
provisions of regulations not inconsistent with [title 38 U.S. Code].'' 
38 U.S.C. 7105(d)(1). If this development or review does not resolve 
the disagreement, either by VA granting the claim or the claimant 
withdrawing the NOD, then VA must issue a Statement of the Case (SOC). 
After receiving the SOC, the claimant may continue their appeal, to the 
Board of Veterans' Appeals, by filing a Substantive Appeal.
    Title 38 CFR 3.2600 allows claimants who have filed a timely NOD to 
obtain a de novo review by Veterans Service Center personnel. This new, 
optional review process was established through a final regulation 
published May 2, 2001 (66 FR 21871-21874). This document proposes to 
amend 38 CFR 3.2600 to reduce the time limit in which claimants may 
request a de novo review (a new and complete review with no deference 
given to the decision being reviewed) by Veterans Service Center 
personnel. Section 3.2600(b) currently states that unless a claimant 
has requested review under Sec. 3.2600 with his or her NOD, VA will, 
upon receipt of the NOD, notify the claimant in writing of his or her 
right to a review under this section. Section 3.2600(b) further states 
that to obtain such a review, the claimant must request it not later 
than 60 days after the date VA mails the notice and that this time 
limit may not be extended. It also states that if the claimant fails to 
request de novo review within 60 days, VA will proceed with the 
traditional appellate process by issuing a SOC.
    This rulemaking proposes to reduce that 60-day period to 15 days, 
in order to eliminate unnecessary delays in the appeals process. Under 
current Sec. 3.2600(b), VA must wait up to 60 days from the date on 
which VA notifies a claimant of their right to a de novo review, before 
it may issue a SOC. If the claimant does not wish to have the Veterans 
Service Center review the claim de novo, this delays the appeals 
process by 60 days.
    In VA's experience, many claimants or their representatives request 
de novo review along with their NOD. For those who do not, we believe 
that 15 days is enough time to decide whether to request a de novo 
review. Furthermore, by reducing the period during which VA will accept 
a request for de novo review from 60 to 15 days, we reduce the time 
needed to process an NOD by 45 days, no matter which option the 
claimant chooses.

Paperwork Reduction Act

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

Executive Order 12866

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

Regulatory Flexibility Act

    The Secretary hereby certifies that the adoption of this proposed 
rule would 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. The proposed rule does not directly 
affect any small entities. Only VA beneficiaries are 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.
    For the reasons set forth in the preamble, 38 CFR part 3 is 
proposed to be amended as follows:

PART 3--ADJUDICATION

Subpart D--Universal Adjudication Rules That Apply to Benefit 
Claims Governed by Part 3 of This Title

    1. The authority citation for part 3, subpart D continues to read 
as follows:

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

    2. In Sec. 3.2600, paragraph (b) is revised to read as follows:


Sec. 3.2600  Review of benefit claims decisions.

* * * * *
    (b) Unless the claimant has requested review under this section 
with his or her Notice of Disagreement, VA will, upon receipt of the 
Notice of Disagreement, notify the claimant in writing of his or her 
right to a review under this section. To obtain such a review, the 
claimant must request it not later than 15 days after the date VA mails 
the notice. This 15-day time limit may not be extended. If the claimant 
fails to request review under this section not later than 15 days after 
the date VA mails the notice, VA will proceed with the traditional 
appellate process by issuing a Statement of the Case. A claimant may 
not have more than one review under this section of the same decision.
* * * * *

    Approved: October 17, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.
[FR Doc. 02-5785 Filed 3-8-02; 8:45 am]
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