[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61509-61510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5851]


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DEPARTMENT OF VETERANS AFFAIRS


Disruption of Mail Service

October 18, 2005.
agency: Department of Veterans Affairs.

ACTION: Notice of exception to date of receipt.

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SUMMARY: On August 29, 2005, Hurricane Katrina came through the

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states of Louisiana, Mississippi, and Alabama. As a result, operations 
at the Department of Veterans Affairs (VA) Regional Offices in New 
Orleans, Louisiana, and Jackson, Mississippi, were interrupted. 
Additionally, postal services in the affected regions have been 
interrupted. As a result of the interruptions, correspondence 
containing claims, information, or evidence sent to the affected VA 
Regional Offices is likely to be interrupted. VA wishes to protect the 
claimants who send correspondence to the Veterans Benefits 
Administration (VBA) through the normal channels of communication from 
being deprived of benefits solely because those channels of 
communication have been disrupted due to events outside of the 
claimants' control. Therefore, VA is instituting procedures to consider 
alternative dates as the date of receipt of correspondence.

FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Consultant, 
Compensation and Pension Service, Policy and Regulations Staff (211D), 
Veterans Benefits Administration, Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420, (202) 273-7211.

SUPPLEMENTARY INFORMATION: A VA regulation allows the Under Secretary 
for Benefits to establish exceptions to VA's rule about date of receipt 
of claims, information, or evidence. Ordinarily, ``date of receipt,'' 
means the date on which a claim, information, or evidence was received 
in a VA office. The regulation states that exceptions may be 
established when a natural or man-made interference with the normal 
channels through which VA ordinarily receives correspondence has 
resulted in one or more VA Regional Offices experiencing extended 
delays in receipt of claims, information, or evidence to an extent 
that, if not addressed, would adversely affect such claimants through 
no fault of their own. The full regulation can be found at 38 CFR 
3.1(r).
    On August 29, 2005, Hurricane Katrina came through the states of 
Louisiana, Mississippi, and Alabama. As a result, operations at VA's 
Regional Offices in New Orleans, Louisiana, and Jackson, Mississippi, 
were interrupted. Additionally, postal services in the affected 
regions, including parts of Alabama, have been interrupted.
    As a result of the interruptions, correspondence containing claims, 
information, or evidence sent to the affected VA Regional Offices has 
been significantly interrupted. Because the New Orleans Regional Office 
was closed, VA established that mail addressed there would be forwarded 
by the U.S. Postal Service to the Muskogee Regional Office in Oklahoma. 
In addition, claimants and beneficiaries in Louisiana have been 
instructed to send their correspondence to the Muskogee Regional 
Office.
    VA wishes to prevent claimants and beneficiaries who send 
correspondence to VA from being deprived of benefits because the mail 
service has been disrupted due to events outside of their control. We 
have therefore established the following exceptions to the standard 
rule on date of receipt.

Exceptions to Date of Receipt for Louisiana, Mississippi, and Alabama

    The Department of Veterans Affairs (VA) hereby gives notice that 
for purposes of determining the date of entitlement, any correspondence 
received by the New Orleans Regional Office (or by the Muskogee 
Regional Office from Louisiana), the Jackson Regional Office, or the 
Montgomery Regional Office, which contains claims, information, or 
evidence will be considered received on the date the claimant or 
beneficiary (or representative) signed the correspondence. If there is 
no dated signature on the correspondence, then the correspondence will 
be considered received on the date it was postmarked.
    This exception is effective for correspondence received by the New 
Orleans Regional Office (or by the Muskogee Regional Office from 
Louisiana) from August 29, 2005 through October 27, 2005.
    This exception is effective for correspondence received by the 
Jackson Regional Office or the Montgomery Regional Office from August 
29, 2005 through September 27, 2005.

    Approved: October 17, 2005.
R. James Nicholson,
Secretary of Veterans Affairs.
[FR Doc. E5-5851 Filed 10-21-05; 8:45 am]
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