[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Notices]
[Pages 42413-42414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14543]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0085]


Agency Information Collection Activities Under OMB Review

AGENCY: Board of Veterans' Appeal, Department of Veterans Affairs

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 
(44 U.S.C. 3501-3521), this notice announces that the Board of 
Veterans' Appeal (BVA), Department of Veterans Affairs, has submitted 
the collection of information abstracted below to the Office of 
Management and Budget (OMB) for review and comment. The PRA submission 
describes the nature of the information collection and its expected 
cost and burden; it includes the actual data collection instrument.

DATES: Comments must be submitted on or before August 22, 2005.

FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management 
Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 273-8030, Fax (202) 273-5981 or e-
mail: [email protected]. Please refer to ``OMB Control No. 
2900-0085.''
    Send comments and recommendations concerning any aspect of the 
information collection to VA's OMB Desk Officer, OMB Human Resources 
and Housing Branch, New Executive Office Building, Room 10235, 
Washington, DC 20503 (202) 395-7316. Please refer to ``OMB Control No. 
2900-0085'' in any correspondence.

SUPPLEMENTARY INFORMATION: 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

[[Page 42414]]

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.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published on March 18, 2005 at pages 13235-13236.
    Affected Public: Individuals or households, Business or other for 
profit, and Not for profit institutions.
    Estimated Total Annual Burden:
    a. Appeal to Board of Veterans' Appeals, VA Form 9--49,700 hours.
    b. Withdrawal of Services by a Representative--183 hours.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements--207 hours.
    d. Motion for Review of Representative's Charges for Expenses--4 
hours.
    e. Request for Changes in Hearing Date--946 hours.
    f. Motion for Reconsideration--859 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--10 minutes (basic filing), 1 hour (contract 
modifications),--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 (hearing date 
change), 15 minutes (request to withdraw a hearing),--1 hour (requests 
change a motion).
    f. Motion for Reconsideration--1 hour.
    Frequency of Response: On occasion.
    Estimated Total Number of Respondents:
    a. Appeal to Board of Veterans' Appeals, VA Form 9--49,700.
    b. Withdrawal of Services by a Representative--550.
    c. Filing of Representative's Fee Agreements and Motions for Review 
of Such Agreements--937.
    d. Motion for Review of Representative's Charges for Expenses--2.
    e. Request for Changes in Hearing Date--1,716.
    f. Motion for Reconsideration--859.

    Dated: July 13, 2005.

    By direction of the Secretary.
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. 05-14543 Filed 7-21-05; 8:45 am]
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