[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Proposed Rules]
[Page 25109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10259]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AN46


Notice of Information and Evidence Necessary To Substantiate 
Claim

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

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SUMMARY: In a document published in the Federal Register on December 
11, 2009, the Department of Veterans Affairs (VA) proposed to amend its 
regulations regarding VA's duty to notify a claimant of the information 
and evidence necessary to substantiate a claim. This document withdraws 
that proposed rule.

DATES: The proposed rule is withdrawn as of April 27, 2012.

FOR FURTHER INFORMATION CONTACT: Sarah W. Fusina, Legal Consultant, 
Regulations Staff (211D), Compensation and Pension Service, Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Ave. NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: On December 11, 2009, VA published a 
proposed rule in the Federal Register (74 FR 65702), notifying the 
public of VA's intent to amend its regulations regarding its duty to 
notify a claimant of information and evidence necessary to substantiate 
a claim. The purpose was to implement the Veterans' Benefits 
Improvement Act of 2008, which required the promulgation of regulations 
prescribing the requirements relating to the content of notice to be 
provided under 38 U.S.C. 5103(a). Public Law 110-389, 122 Stat. 4145, 
4147. VA received several comments raising concerns with the proposed 
rule, including concerns relating to the establishment of effective 
dates, the clarity of what types of evidence are accepted, the 
specificity of the contents for notice, and the general clarity and 
consistency of the text of the proposed rule. Based on consideration of 
comments received on the proposed rule and further evaluation of 
available options, VA intends to propose revised rules warranting a new 
notice of proposed rulemaking and public-comment period. Thus, VA is 
withdrawing the proposed rule.

    Approved: April 19, 2012.
John R. Gingrich,
 Chief of Staff, Department of Veterans Affairs.
[FR Doc. 2012-10259 Filed 4-26-12; 8:45 am]
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