[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Pages 26958-26959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13211]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 3 and 4

RIN 2900-AN22


Pension Management Center Manager

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
regulations to add the Pension Management Center Manager as a person 
who, in addition to the Veterans Service Center Manager, is authorized 
to review decisions on benefit claims and authorized to approve 
permanent and total disability evaluations on an extraschedular basis 
for pension purposes. These changes are made to reflect the duties of 
the Pension Management Center Manager.

DATES: Effective Date: June 5, 2009.

FOR FURTHER INFORMATION CONTACT: Thomas J. Kniffen, Chief, Regulations 
Staff (211D), Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 461-9725.

SUPPLEMENTARY INFORMATION: In fiscal year 2002, all VA pension 
management activities were consolidated from the VA's Regional Offices 
to three Pension Management Centers (PMCs), which are located in 
Philadelphia, Pennsylvania, Milwaukee, Wisconsin, and St. Paul, 
Minnesota. Recently, VA has decided to consolidate nearly all of its 
pension activities (including original pension claims processing), 
which were previously done at regional office Veterans Service Centers 
(VSCs), to the PMCs.
    Therefore, most activities involving pension that would previously 
have been within the duties of the Veterans Service Center Manager 
(VSCM) at the VSC will be transferred to the Pension Management Center 
Manager (PMCM) at the PMC. This rulemaking amends 38 CFR 3.2600, as 
well as 38 CFR 3.321 and 4.17, to reflect the position of the PMCM as 
the person authorized to perform these activities. Specifically, these 
activities are reviewing benefit decisions under Sec.  3.2600 and 
determining entitlement to permanent and total disability ratings, on 
an extraschedular basis, for pension purposes under Sec.  3.321(b)(2) 
and Sec.  4.17(b). Adding the PMCM as a person authorized to perform 
these activities allows claims involving both compensation and pension 
to be processed at either the PMC or the VSC, as appropriate.
    We are not intending any substantive change to the regulations, 
merely including the new position of the PMCM in VA's regulations.

Administrative Procedure Act

    This document is being published as a final rule pursuant to 5 
U.S.C. 553, which excepts matters pertaining to internal agency 
management and personnel from its notice, comment, and delayed 
effective date requirements.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule would not affect any small entities. Only VA's 
internal procedures for processing claims of individuals will be 
directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this final 
rule is exempt from the initial and final regulatory flexibility 
analysis requirements of sections 603 and 604.

Executive Order 12866-Regulatory Planning and Review

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (OMB) unless OMB waives such 
review, as any regulatory action that is likely to result in a rule 
that may: (1) Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) Create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) Materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
Raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any year. This final rule would have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this rule are 64.104, Pension for

[[Page 26959]]

Non-Service-Connected Disability for Veterans; and 64.105, Pension to 
Veterans Surviving Spouses, and Children.

List of Subjects

38 CFR Part 3

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

38 CFR Part 4

    Disability benefits, Pensions, Veterans.

    Approved: April 28, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

0
For the reasons set forth in the preamble, 38 CFR parts 3 and 4 are 
amended as follows:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

0
1. The authority citation for part 3, subpart A continues to read as 
follows:

    Authority:  38 U.S.C. 501(a), unless otherwise noted.


Sec.  3.321  [Amended]

0
2. Section 3.321(b)(2) is amended by removing ``Manager;'' and adding, 
in its place, ``Manager or the Pension Management Center Manager;''.

Subpart D--Universal Adjudication Rules That Apply to Benefit 
Claims Governed by Part 3 of This Title

0
3. The authority citation for part 3, subpart D continues to read as 
follows:

    Authority:  38 U.S.C. 501(a), unless otherwise noted.


0
4. Section 3.2600(a) is amended by revising the second sentence to read 
as follows:


Sec.  3.2600  Revision of benefit claims decisions.

    (a) * * * The review will be conducted by a Veterans Service Center 
Manager, Pension Management Center Manager, or Decision Review Officer, 
at VA's discretion. * * *
* * * * *

PART 4--SCHEDULE FOR RATING DISABILITIES

0
5. The authority citation for part 4 continues to read as follows:

    Authority:  38 U.S.C. 1155, unless otherwise noted.

Subpart A--General Policy in Rating


Sec.  4.17  [Amended]

0
6. Section 4.17(b) is amended by removing ``Manager'' and adding, in 
its place, ``Manager or the Pension Management Center Manager''.

[FR Doc. E9-13211 Filed 6-4-09; 8:45 am]
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