[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Proposed Rules]
[Pages 42077-42078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17959]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AN33


Claim-Related Documents or Supporting Evidence Not of Record

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

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SUMMARY: In a document published in the Federal Register on November 
12, 2009, the Department of Veterans Affairs (VA) proposed to add a new 
section to its adjudication regulations to establish temporary VA 
procedures for when claimants allege the submission of claim-related 
documents or evidence in support of a claim during the time period of 
April 14, 2007, through October 14, 2008, when such documents or 
evidence are not of record in the official VA file.

DATES: The proposed rule published at 74 FR 58232 on November 12, 2009, 
is withdrawn as of July 18, 2011.

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. You may also request further 
information regarding this rulemaking at 
[email protected]

SUPPLEMENTARY INFORMATION: In response to Department of Veterans 
Affairs (VA) Office of Inspector General (OIG) audit findings of 
improper document handling and control, dated August 20, 2008, the 
Secretary of Veterans Affairs suspended all document-shredding 
activities effective October 14, 2008, and provided temporary claims-
handling and document control procedures to all regional office (RO) 
personnel regarding veterans who allege that they submitted claim-
related documents or evidence in support of a claim between April 14, 
2007, through October 14, 2008, that are not of record in official VA 
files. The proposed rulemaking was initiated to codify the temporary 
claims-handling and document control procedures established by the 
Secretary.
    Since October 14, 2008, VA has consistently conformed to scrupulous 
nationwide document control procedures established by the Secretary. 
Additionally, new claims-handling procedures were implemented to handle 
submissions that may have occurred within the time period August 14, 
2007, through October 14, 2008. These special procedures relaxed 
certain administrative claim submission requirements for claimants who 
asserted that they had submitted a claim or evidence during that 
period.
    Specifically, procedures called for VA regional office personnel to 
recognize a claimant's or representative's assertion that a claim and/
or supporting evidence had been previously submitted to VA during the 
18-month window from April 14, 2007, to October 14, 2008. The 
procedures stated that VA would consider such a claim and/or evidence 
as though the claim and/or evidence was received on the date asserted 
by the claimant. The procedures provided specific instructions to VA 
regional office personnel on how to handle assertions of previously 
filed claims and/or evidence in favor of claimants where: (1) There was 
no record that the claim was received by VA, (2) VA adjudicated the 
claim based on a resubmission at a later date (i.e., a duplicate claim) 
because the first submittal was not retained, or (3) the claim was 
considered by VA based on an incomplete record because the supporting 
evidence or information was not added to the record. VA accordingly 
established effective dates or readjudicated claims based on claimants' 
assertions of previously filed claims and/or evidence during the 18-
month period. The relaxed procedures were developed to ameliorate any 
loss of claims, information, or evidence that may have occurred as a 
result of inappropriate document disposal in VA regional offices during 
that period.
    VA believes that it has addressed all allegations of document or 
evidence submissions from claimants who may have been affected by 
improper document handling and control during the period April 14, 
2007, through October 14, 2008, and that VA is unlikely to receive any 
additional allegations of submissions during that time period. As we 
explained in the preamble to the notice of proposed rulemaking, if a 
submitted claim-related document or evidence is not of record in 
official VA files, a ``veteran reasonably would have inquired about the 
document submission or would have been informed of its misplacement or 
destruction within 18 months from the asserted date of submission.'' 74 
FR 58232 (Nov. 12, 2009). Because it has been over 30 months since 
October 2008, we do not anticipate any new allegations of submissions 
during the time period April 2007 to October 2008. Additionally, the 
notice of proposed rulemaking, published in November 2009, informed the 
public, including

[[Page 42078]]

claimants and veterans service organizations, that VA had established 
temporary claims-handling procedures for claimants who allege that they 
submitted a claim-related document or evidence during the 
aforementioned time period that was not of record in official VA files. 
Furthermore, it is VA's general policy that any claimant can assert at 
any time that VA misplaced or inadvertently destroyed documents and 
that VA will take appropriate action under existing procedures. 
Therefore, upon further study we have determined that this rulemaking 
is unnecessary. VA is withdrawing the proposed rule as it is no longer 
required.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on June 9, 2011, for publication.

    Dated: July 13, 2011.
Robert C. McFetridge,
Director, Office of Regulation Policy and Management, Office of the 
General Counsel, Department of Veterans Affairs.
[FR Doc. 2011-17959 Filed 7-15-11; 8:45 am]
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