[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 60135-60136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24830]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0085]


Proposed Information Collection (Appeal to Board of Veterans' 
Appeals) Activity 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 needed to process appeals for denial of VA benefits.

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before November 28, 2011.

ADDRESSES: Submit written comments on the collection of information 
through the Federal Docket Management System (FDMS) at http://www.Regulations.gov or 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. During the comment period, comments 
may be viewed online through FDMS.

FOR FURTHER INFORMATION CONTACT: Sue Hamlin at (202) 461-8194.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 
U.S.C. 3501-3521), 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 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. Request for Changes in Hearing Date.
    d. Motions 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. 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

[[Page 60136]]

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.
    d. Motions 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:
    a. Appeal to Board of Veterans' Appeals, VA Form 9--45,850 hours.
    b. Withdrawal of Services by a Representative--183 hours.
    c. Request for Changes in Hearing Date--1,212 hours.
    d. Motions for Reconsideration--846 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. Request for Changes in Hearing Date--15 minutes (hearing date 
change), 15 minutes (request to withdraw a hearing),--1 hour (requests 
change a motion).
    d. Motions for Reconsideration--1 hour.
    Frequency of Response: On occasion.
    Estimated Total Number of Respondents:
    a. Appeal to Board of Veterans' Appeals, VA Form 9--45,850.
    b. Withdrawal of Services by a Representative--550.
    c. Request for Changes in Hearing Date--2,733.
    d. Motions for Reconsideration--846.

    Dated: September 22, 2011.

    By direction of the Secretary.
Denise McLamb,
Program Analyst, Enterprise Records Service.
[FR Doc. 2011-24830 Filed 9-27-11; 8:45 am]
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