[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 46868-46869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17911]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 3 and 13

RIN 2900-AL10


Adjudication; Fiduciary Activities--Nomenclature Changes

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
regulations by making nonsubstantive changes. VA is amending its 
adjudication and fiduciary regulations to replace the titles of 
Adjudication Division, Adjudication Officer, Veterans Services 
Division, and Veterans Services Officer, with Veterans Service Center, 
and Veterans Service Center Manager. Other, nonsubstantive changes are 
also made. These changes are made for clarity and accuracy.

DATES: Effective Date: July 17, 2002.

FOR FURTHER INFORMATION CONTACT: Randy A. McKevitt, Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone (202) 273-7138.

SUPPLEMENTARY INFORMATION: VA is amending its adjudication and 
fiduciary regulations to reflect the reorganization of the Adjudication 
and Veterans Services Divisions into Veterans Service Centers and to 
reflect the elimination of the positions of the Adjudication Officer 
and the Veterans Services Officer and the creation of the position of 
the Veterans Service Center Manager. Other nonsubstantive changes are 
made for clarity.

Administrative Procedure Act

    This final rule consists of nonsubstantive changes and, therefore, 
is not subject to the notice and comment and effective date provisions 
of 5 U.S.C. 553.

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 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. This rule merely consists of nonsubstantive changes. 
Therefore, pursuant to 5 U.S.C. 605(b), this amendment is exempt from 
the initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program numbers are 
64.104 and 64.109.

List of Subjects

38 CFR Part 3

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

38 CFR Part 13

    Surety bonds, Trusts and trustees, Veterans.

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

    For the reasons set forth in the preamble, 38 CFR parts 3 and 13 
are 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.

PART 3--[AMENDED]

    2. Part 3 is amended by:
    A. Revising all references to ``Adjudication Officer'', except for 
in Sec. 3.2600(a), or all references to ``Veterans Services Officer'' 
or ``Veterans' Services Officer'' to read ``Veterans Service Center 
Manager''.
    B. Revising all references to ``Adjudication Division'' to read 
``Veterans Service Center''.

    3. Section 3.353(b)(2) is revised to read as follows:


Sec. 3.353  Determinations of incompetency and competency.

* * * * *
    (b) * * *
    (2) Where the beneficiary is rated incompetent, the Veterans 
Service Center Manager will develop information as to the beneficiary's 
social, economic and industrial adjustment; appoint (or recommend 
appointment of) a fiduciary as provided in Sec. 13.55 of this chapter; 
select a method of disbursing payment as provided in Sec. 13.56 of this 
chapter, or in the case of a married beneficiary, appoint the 
beneficiary's spouse to receive payments as provided in Sec. 13.57 of 
this chapter; and authorize disbursement of the benefit.
* * * * *


Sec. 3.850  [Amended]

    4. Section 3.850(d), is amended by removing misspelled word 
``Goverment'', and adding, in its place, ``Government''.


Sec. 3.2600  [Amended]

    5. Section 3.2600(a) is amended by removing ``an Adjudication 
Officer, Veterans Service Center Manager,'', and adding, in its place, 
``a Veterans Service Center Manager''.

PART 13--VETERANS BENEFITS ADMINISTRATION, FIDUCIARY ACTIVITIES

    6. The authority citation for part 13 continues to read as follows:

    Authority: 72 Stat. 1114, 1232, as amended, 1237; 38 U.S.C. 501, 
5502, 5503, 5711, unless otherwise noted.

PART 13--[AMENDED]

    7. Part 13 is amended by:
    A. Revising all references to ``Adjudication Officer'', or all 
references to ``Veterans Services Officer'' to read ``Veterans Service 
Center Manager''.
    B. Revising all references to ``Veterans Services Officers'' to 
read ``Veterans Service Center Managers''.

[[Page 46869]]

    C. Revising all references to ``Veterans Services Officer's'' to 
read ``Veterans Service Center Manager's''.
    D. In Sec. 13.2(a), removing ``Office of the Veterans Services 
Division'', and adding, in its place, ``Veterans Service Center''.
    E. In Sec. 13.56(b), removing misspelled word ``mange'', and 
adding, in its place, ``manage''.
    F. In Sec. 13.71(a)(3) and (b), removing ``to the Adjudication 
Division'' wherever it appears.
    G. Revising Sec. 13.108.
    The revision reads as follows:


Sec. 13.108  Estate equals or exceeds statutory limit; 38 U.S.C. 
5503(b)(1).

    (a) Discontinuance of payments. When a veteran, who is rated 
incompetent by VA and has no spouse or child, is receiving hospital 
treatment, or domiciliary care, or institutional care by the United 
States or any political subdivision, with or without charge, and the 
veteran's estate equals or exceeds the amount specified in 
Sec. 3.557(b)(4) of this chapter, the Veterans Service Center Manager 
will discontinue VA payments, other than insurance, under the provision 
of Sec. 3.557 of this chapter. In those cases in which the payments 
have been discontinued, the Veterans Service Center Manager will resume 
payments when the estate has been reduced to one half the amount 
specified in Sec. 3.557(b)(4) of this chapter.
    (b) Waiver of discontinuance of payments. The Veterans Service 
Center Manager will determine when discontinuance should be waived. 
Waiver of discontinuance of payments under this paragraph may be 
granted more than once in any calendar year, but will not exceed a 
total of 60 days in any calendar year.
    (1) The Veterans Service Center Manager may authorize waiver of 
discontinuance of payments when necessary to avoid hardship.
    (2) Hardship will not be considered present when assets are readily 
available to meet current liabilities.

(Authority:) 38 U.S.C. 5503(b)(1)(A))

    (c) Apportionment award to dependent parent for care and 
maintenance. In any case in which a veteran, without spouse or child, 
is institutionalized by the United States or a political subdivision 
thereof and his or her award of compensation, pension or emergency 
officers' retirement pay has been discontinued because his or her 
estate equals or exceeds the amount specified in Sec. 3.557(b)(4) of 
this chapter, an apportionment of the award otherwise payable may be 
made to a dependent parent based on actual need as determined by the 
Veterans Service Center Manager. So much of any monthly remainder of 
the discontinued payments as equals the amount charged for his or her 
current care and maintenance in the institution in which treatment or 
care is furnished may be paid to the institution. This amount may not 
be more than the amount determined by the Veterans Service Center 
Manager to be the proper charge as fixed by statute or administrative 
regulation. The Veterans Service Center Manager will determine the 
amount of either award.

(Authority: 38 U.S.C. 5503(b)(2))

    (d) Death of veteran; personal funds of patient. In the event of 
the incompetent veteran's death in other than a VA institution, the 
Veterans Services Officer should make certain that the provisions of 
the pertinent laws are applied as to the gratuitous benefits in 
Personal Funds of Patients.

(Authority: 38 U.S.C. 501)


[FR Doc. 02-17911 Filed 7-16-02; 8:45 am]
BILLING CODE 8320-01-P