[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 46869-46870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17910]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 20

RIN 2900-AK74


Board of Veterans' Appeals: Rules of Practice--Effect of 
Procedural Defects in Motions for Revision of Decisions on the Grounds 
of Clear and Unmistakable Error

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document affirms an amendment to the Rules of Practice of 
the Board of Veterans' Appeals (Board) to provide that, when a motion 
to revise a Board decision on the grounds of clear and unmistakable 
error (CUE) fails to provide specific allegations of error, the Board 
will dismiss the motion without prejudice to refiling. This amendment 
was made necessary by a decision of the United States Court of Appeals 
for the Federal Circuit.

DATES: Effective Date: July 17, 2002.

FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice 
Chairman, Board of Veterans' Appeals (012), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 (202-565-5978).

SUPPLEMENTARY INFORMATION: The Board of Veterans' Appeals (Board) is an 
administrative body that decides appeals from denial of claims for 
veterans' benefits. Among other remedies, appellants may challenge 
final Board decisions on the grounds that they were the product of 
clear and unmistakable error (CUE). 38 U.S.C. 7111; 38 CFR 20.1400-
20.1411.
    On July 10, 2001, VA published in the Federal Register at 66 FR 
35902 an interim final rule relating to CUE motions. Essentially, that 
rule modified 38 CFR 20.1404 to provide that, where the motion does not 
meet the pleading requirements set forth in VA rules, the motion will 
be dismissed without prejudice to refiling.
    We provided a 60-day comment period that ended on September 10, 
2000. We received no comments. Based on the rationale set forth in the 
interim final rule, we adopt those changes as a final rule.

Administrative Procedure Act

    This document without any changes affirm amendments made by an 
interim final rule that is already in effect. Accordingly, we have 
concluded under 5 U.S.C. 553 that there is good cause for dispensing 
with a delayed effective date based on the conclusion that such 
procedure is impracticable, unnecessary, and contrary to the public 
interest.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, 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 final rule would have no 
consequential effect on State, local, or tribal governments.

Paperwork Reduction Act

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

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule 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. Only VA beneficiaries could be directly affected. Therefore, 
pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial 
and final regulatory flexibility analysis requirements of sections 603 
and 604.

List of Subjects in 38 CFR Part 20

    Administrative practice and procedure, Claims, Veterans.


[[Page 46870]]


    Approved: July 3, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

    Accordingly, the interim final amending 38 CFR part 20 which was 
published at 66 FR 35902 on July 10, 2001, is adopted as a final rule 
without change.

[FR Doc. 02-17910 Filed 7-16-02; 8:45 am]
BILLING CODE 8320-01-P