[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Proposed Rules]
[Pages 10185-10186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4803]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 19 and 20

RIN 2900-AE78


Board of Veterans' Appeals: Appeals Regulations; Rules of 
Practice

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) published a proposed 
rule in the Federal Register on February 3, 1992 (57 FR 4131) to amend 
its regulations regarding the Appeals Regulations and Rules of Practice 
of the Board of Veterans' Appeals. The proposed rule and the comments 
we received have been superseded by events. Accordingly, this document 
hereby withdraws the proposed rule.

DATES: The proposed rule is withdrawn as of March 4, 2004.

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: In 1988, the Veterans' Judicial Review Act 
(Pub. L. 100-687, Div. A) was signed into law. On August 18, 1989, VA 
published a proposed rule in the Federal Register (54 FR 34334) to 
revise the Appeals Regulations and Rules of Practice of the Board of 
Veterans' Appeals (Board). The revisions were deemed necessary in order 
to provide appellate procedures that conformed to the law and to inform 
the public about those procedures.
    Based on that proposed rule, on February 3, 1992, VA published in 
the

[[Page 10186]]

Federal Register (57 FR 4088) final regulations that amended parts 14 
and 19 and added a part 20 to title 38, Code of Federal Regulations. At 
that time, VA also deemed necessary further additions and revisions to 
some of the Board's Appeals Regulations and Rules of Practice. VA 
therefore published on February 3, 1992, as a companion document in the 
Federal Register (57 FR 4131) a proposed rule to clarify certain 
regulations and, in some instances, provide revised regulations that 
more accurately reflected the relevant statutory authority. VA is now 
by this document withdrawing that proposed rule.
    Subsequent to the publication of the February 3, 1992, proposed 
rule, the Board of Veterans' Appeals Administrative Procedures 
Improvement Act of 1994 (Public Law 103-271) was signed into law on 
July 1, 1994. In addition, Public Law 105-111, concerning revision of 
decisions based on clear and unmistakable error, was signed into law on 
November 21, 1997. These laws significantly altered the appeals process 
and organization of the Board. The structure of the Board was changed 
to permit decisions to be made by individual members of the Board 
rather than by 3-Member ``Sections.'' The Board's jurisdiction was also 
expanded to include the review of its own decisions for clear and 
unmistakable error. 38 U.S.C. 7111. Amendments to the Board's Appeals 
Regulations and Rules of Practice were subsequently published that 
rendered portions of the February 3, 1992, proposed rule obsolete.
    VA believes that withdrawing the February 3, 1992, proposed rule 
would be less confusing than attempting to sift out the superseded 
provisions from the ones that could go forward. The Board will 
reevaluate appropriate amendments to its Regulations and Rules of 
Practice in light of the intervening changes.

    Approved: December 30, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
[FR Doc. 04-4803 Filed 3-3-04; 8:45 am]
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