[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Notices]
[Pages 13235-13236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1195]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0085]


Proposed Information Collection Activity: Proposed Collection; 
Comment Request

AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Board of Veterans' Appeals (BVA), Department of Veterans 
Affairs (VA), is announcing an opportunity for public comment on the 
proposed collection of certain information by the agency. Under the 
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to 
publish notice in the Federal Register concerning each proposed 
collection of information, including each proposed extension of a 
currently approved collection, and allow 60 days for public comment in 
response to the notice. This notice solicits comments on the 
information required in processing appeals from denial of VA benefits 
and in regulation of representatives' fees.

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before May 17, 2005.

ADDRESSES: Submit written comments on the collection of information to 
Sue Hamlin, Board of Veterans' Appeals (01C), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail 
[email protected]. Please refer to ``OMB Control No. 2900-0085'' 
in any correspondence.

FOR FURTHER INFORMATION CONTACT: Sue Hamlin at (202) 565-5686.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 
U.S.C. 3501-3520), Federal agencies must obtain approval from the 
Office of Management and Budget (OMB) for each collection of 
information they conduct or sponsor. This request for comment is being 
made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, BVA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of BVA's functions, including 
whether the

[[Page 13236]]

information will have practical utility; (2) the accuracy of BVA's 
estimate of the burden of the proposed collection of information; (3) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (4) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or the use of other forms of information 
technology.

Titles

    a. Appeal to Board of Veterans' Appeals, VA Form 9.
    b. Withdrawal of Services by a Representative.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements.
    d. Motion for Review of Representative's Charges for Expenses.
    e. Request for Changes in Hearing Date.
    f. Motion for Reconsideration.
    OMB Control Number: 2900-0085.
    Type of Review: Extension of a currently approved collection.

Abstract

    a. Appeal to Board of Veterans' Appeals, VA Form 9, may be used by 
appellants to complete their appeal to the Board of Veterans' Appeals 
(BVA) from a denial of VA benefits. The information is used by BVA to 
identify the issues in dispute and prepare a decision responsive to the 
appellant's contentions and the legal and factual issues raised.
    b. Withdrawal of Services by a Representative: When the appellant's 
representative withdraws from a case, both the appellant and the BVA 
must be informed so that the appellant's rights may be adequately 
protected and so that the BVA may meet its statutory obligations to 
provide notice to the current representative.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements: Agreements for fees charged by individuals or 
organizations for representing claimants and appellants before VA are 
filed with, and reviewed by, the Board of Veterans' Appeals. The 
information is used to determine whether such fees are excessive or 
unreasonable.
    d. Motion for Review of Representative's Charges for Expenses: 
Expense reimbursements claimed by individuals and organizations for 
representing claimants and appellants before VA have been monitored for 
fairness for many years. The information is used to review changes by 
claimants' representatives for expenses to afford protection to such 
claimants from overreaching by unscrupulous representatives and is 
useful in monitoring fees charged by representatives and to ensure that 
fee limitations are not avoided by mischaracterizing fees as expenses.
    e. Request for Changes in Hearing Date: VA provides hearings to 
appellants and their representatives, as required by basic 
Constitutional due-process and by Title 38 U.S.C. 7107(b). From time to 
time, hearing dates and/or times are changed, hearing requests 
withdrawn and new hearings requested after failure to appear at a 
scheduled hearing. The information is used to comply with the 
appellants' or their representatives' requests.
    f. Motion for Reconsideration: Decisions by BVA are final unless 
the Chairman orders reconsideration of the decision either on the 
Chairman's initiative, or upon motion of a claimant. The Board 
Chairman, or his designee, uses the information provided in deciding 
whether reconsideration of a Board decision should be granted.
    Affected Public: Individuals or households, business or other for 
profit, and not for profit institutions.
    Estimated Total Annual Burden: 49,700 hours.
    a. Appeal to Board of Veterans' Appeals, VA Form 9--46,592 hours.
    b. Withdrawal of Services by a Representative--183 hours.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements--283 hours.
    d. Motion for Review of Representative's Charges for Expenses--4 
hours.
    e. Request for Changes in Hearing Date--1,761 hours.
    f. Motion for Reconsideration--877 hours.

Estimated Average Burden Per Respondent

    a. Appeal to Board of Veterans' Appeals, VA Form 9--1 hour.
    b. Withdrawal of Services by a Representative--20 minutes.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements--1 hour (contract modifications), 10 minutes (basic 
filing), 2 hours (filing motion or response).
    d. Motion for Review of Representative's Charges for Expenses--4 
hours (2 hours for motion and 2 hours for response to motion).
    e. Request for Changes in Hearing Date--15 minutes (basic request), 
1 hour (requests requiring preparation of a motion).
    f. Motion for Reconsideration--1 hour.
    Frequency of Response: On occasion.
    Estimated Total Number of Respondents: 53,874.
    a. Appeal to Board of Veterans' Appeals, VA Form 9--46,592.
    b. Withdrawal of Services by a Representative--550.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements--1,279.
    d. Motion for Review of Representative's Charges for Expenses--2.
    e. Request for Changes in Hearing Date--4,574.
    f. Motion for Reconsideration--877.

    Dated: March 11, 2005.

    By direction of the Secretary.
Loise Russell,
Director, Records Management Service.
[FR Doc. E5-1195 Filed 3-17-05; 8:45 am]
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