[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32648-32651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12111]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 14 and 20

RIN 2900-AP71


Mailing Address of the Board of Veterans' Appeals

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations on representation of claimants and the Rules of Practice of 
the Board of Veterans' Appeals (Board) to update the Board's mailing 
address and titles of certain individuals and offices at the Board to 
whom mail is addressed. These amendments are necessary because of a 
mailing address change and to ensure that correct titles of certain 
individuals and offices at the Board are reflected in the regulations.

DATES: Effective Date: This rule is effective May 24, 2016.

FOR FURTHER INFORMATION CONTACT: Donnie R. Hachey, Chief Counsel for 
Operations, Board of Veterans' Appeals (01C2), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-4603. 
(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: The Board is updating its mailing address 
because of new centralized mail procedures. This document amends 38 CFR 
parts 14 and 20 to update the Board's mailing address and titles of 
certain individuals and offices to whom mail is addressed. The purpose 
of these revisions is to ensure that the information contained in 38 
CFR parts 14 and 20 is current and correct.
    The new centralized mail procedures are consistent with paperless 
VA claims and appeals processing. The purpose of these procedures is to 
increase efficiency of mail processing. Centralized mail processing 
allows Board staff to electronically review mail related to appeals and 
upload that mail to a Veteran's electronic claims file in the Veterans 
Benefits Management System (VBMS).
    Centralized mail processing allows for electronic processing of the 
Board's appeals-related mail. The Board also receives mail not intended 
to be associated with a Veteran's claims file for consideration in a 
specific case. For example, as indicated above, an individual seeking 
additional information regarding this rulemaking may contact the 
Board's Chief Counsel for Operations, via mail. The Board also 
distributes a Board of Veterans' Appeals Hearing Survey Card, VA Form 
0745, which allows an appellant to provide anonymous feedback regarding 
his or her Board hearing. The Board Hearing Survey Card includes an 
attached Business Reply Mail envelope addressed to the Board. 
Additionally, the Board's incoming mail includes various periodicals.
    The Board is presently only utilizing centralized mail procedures 
to process mail related to appeals, which should be mailed to the 
Board's new post office box. Other types of mail should continue to be 
mailed to the Board at 810 Vermont Avenue NW., Washington, DC 20420. VA 
is amending 38 CFR 20.100(c), to distinguish between these two 
different mailing addresses for these two different types of mail.

Administrative Procedure Act

    These changes to 38 CFR parts 14 and 20 are being published without 
regard to notice-and-comment procedures of 5 U.S.C. 553(b) because they 
involve only matters of agency organization, procedure, or practice, 
which are exempted from such procedures by virtue of 5 U.S.C. 
553(b)(A). Further, because these changes do not involve substantive 
rules, they are not subject to the provisions of 5 U.S.C. 553(d) 
providing for a 30-day delay in the effective date of substantive 
rules.

Paperwork Reduction Act

    Although this action contains provisions constituting collections 
of information at 38 CFR 20.608, 20.702, and 20.704, under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521), no new or proposed revised collections of information are 
associated with this final rule. The information collection 
requirements for Sec. Sec.  20.608, 20.702, and 20.704 are currently 
approved by the Office of Management and Budget (OMB) and have been 
assigned OMB control number 2900-0085.

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 will directly affect only individuals and will 
not directly affect small entities. Therefore, pursuant to 5 U.S.C. 
605(b), this rulemaking is exempt from the final regulatory flexibility 
analysis requirements of section 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action'' requiring review by 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 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for ``VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.''

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

[[Page 32649]]

issuing any rule that may result in an 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 one year. This 
final rule will have no such effect on State, local, and tribal 
governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this rule are 64.100, Automobiles and Adaptive Equipment for 
Certain Disabled Veterans and Members of the Armed Forces; 64.101, 
Burial Expenses Allowance for Veterans; 64.103, Life Insurance for 
Veterans; 64.104, Pension for Non-Service-Connected Disability for 
Veterans; 64.105, Pension to Veterans Surviving Spouses, and Children; 
64.106, Specially Adapted Housing for Disabled Veterans; 64.109, 
Veterans Compensation for Service-Connected Disability; 64.110, 
Veterans Dependency and Indemnity Compensation for Service-Connected 
Death; 64.114, Veterans Housing-Guaranteed and Insured Loans; 64.115, 
Veterans Information and Assistance; 64.116,Vocational Rehabilitation 
for Disabled Veterans; 64.117, Survivors and Dependents Educational 
Assistance; 64.118, Veterans Housing-Direct Loans for Certain Disabled 
Veterans; 64.119, Veterans Housing-Manufactured Home Loans; 64.120, 
Post-Vietnam Era Veterans' Educational Assistance; 64.124, All-
Volunteer Force Educational Assistance; 64.125, Vocational and 
Educational Counseling for Servicemembers and Veterans; 64.126, Native 
American Veteran Direct Loan Program; 64.127, Monthly Allowance for 
Children of Vietnam Veterans Born with Spina Bifida; and 64.128, 
Vocational Training and Rehabilitation for Vietnam Veterans' Children 
with Spina Bifida or Other Covered Birth Defects.

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. Robert D. 
Snyder, Chief of Staff, Department of Veterans Affairs, approved this 
document on March 31, 2016, for publication.

List of Subjects

38 CFR Part 14

    Administrative practice and procedure, Claims, Courts, Foreign 
relations, Government employees, Lawyers, Legal services, Organization 
and functions (Government agencies), Reporting and recordkeeping 
requirements, Surety bonds, Trusts and trustees, Veterans.

38 CFR Part 20

    Administrative practice and procedure, Claims, Veterans.

    Dated: May 18, 2016.
Michael Shores,
Acting Director, Office of Regulation Policy & Management, Office of 
the General Counsel, Department of Veterans Affairs.
    For the reasons set forth in the preamble, VA amends 38 CFR parts 
14 and 20 as follows:

PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

0
1. The authority citation for part 14 continues to read as follows:

    Authority:  5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a), 
512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14, 
unless otherwise noted.


0
2. Amend Sec.  14.629 by revising the eighth sentence of paragraph 
(c)(3) to read as follows:


Sec.  14.629  Requirements for accreditation of service organization 
representatives; agents; and attorneys.

* * * * *
    (c) * * *
    (3) * * * In the case of appeals before the Board in Washington, 
DC, the signed consent must be submitted to: Director, Office of 
Management, Planning and Analysis (014), Board of Veterans' Appeals, 
P.O. Box 27063, Washington, DC 20038. * * *
* * * * *

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

0
3. The authority citation for part 20 continues to read as follows:

    Authority: 38 U.S.C. 501(a) and as noted in specific sections.

Subpart B--The Board

0
4. Amend Sec.  20.100 by revising paragraph (c) to read as follows:


Sec.  20.100  Rule 100. Name, business hours, and mailing address of 
the Board.

* * * * *
    (c) Mailing Address. Except as otherwise noted in these Rules, 
appeals-related mail to the Board must be addressed to: Chairman (01), 
Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. Mail 
to the Board that is not related to an appeal must be addressed to: 
Board of Veterans' Appeals, 810 Vermont Avenue NW., Washington, DC 
20420.
* * * * *

Subpart C--Commencement and Perfection of Appeal

0
5. Amend Sec.  20.204 by revising the second sentence of paragraph 
(b)(2) to read as follows:


Sec.  20.204  Rule 204. Withdrawal of Appeal.

* * * * *
    (b) * * *
    (2) * * * Thereafter, file the withdrawal at the following address: 
Director, Office of Management, Planning and Analysis (014), Board of 
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *

Subpart G--Representation

0
6. Amend Sec.  20.608 by revising the fifth sentence of paragraph 
(b)(2) to read as follows:


Sec.  20.608  Rule 608. Withdrawal of services by a representative.

* * * * *
    (b) * * *
    (2) * * * Such motions must be filed at the following address: 
Office of the Principal Deputy Vice Chairman (01C), Board of Veterans' 
Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *

Subpart H--Hearings on Appeal

0
7. Amend Sec.  20.702 by:
0
a. Revising the fourth sentence of paragraph (c)(1).
0
b. Revising the eighth sentence of paragraph (c)(2).
0
c. Revising the fourth sentence of paragraph (d).
0
d. Revising the third sentence of paragraph (e).
    The revisions read as follows:


Sec.  20.702  Rule 702. Scheduling and notice of hearings conducted by 
the Board of Veterans' Appeals in Washington, DC.

* * * * *
    (c) * * *
    (1) * * * In the case of hearings to be conducted by the Board of 
Veterans' Appeals in Washington, DC, such requests for a new hearing 
date must be filed with: Director, Office of Management, Planning and 
Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, 
DC 20038.
    (2) * * * In the case of hearings to be conducted by the Board of 
Veterans' Appeals in Washington, DC, the motion

[[Page 32650]]

for a new hearing date must be filed with: Director, Office of 
Management, Planning and Analysis (014), Board of Veterans' Appeals, 
P.O. Box 27063, Washington, DC 20038.
* * * * *
    (d) * * * In the case of hearings to be conducted by the Board of 
Veterans' Appeals in Washington, DC, the motion must be filed with: 
Director, Office of Management, Planning and Analysis (014), Board of 
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *
    (e) * * * In the case of hearings to be conducted by the Board of 
Veterans' Appeals in Washington, DC, the notice of withdrawal must be 
sent to: Director, Office of Management, Planning and Analysis (014), 
Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *

0
8. Amend Sec.  20.704 by revising the fourth sentence of paragraph (d) 
to read as follows:


Sec.  20.704  Rule 704. Scheduling and notice of hearings conducted by 
the Board of Veterans' Appeals at Department of Veterans Affairs field 
facilities.

* * * * *
    (d) * * * Such motions must be filed with: Director, Office of 
Management, Planning and Analysis (014), Board of Veterans' Appeals, 
P.O. Box 27063, Washington, DC 20038. * * *
* * * * *

0
9. Amend Sec.  20.708 by revising the second sentence to read as 
follows:


Sec.  20.708  Rule 708. Prehearing conference.

    * * * With respect to hearings to be held before the Board at 
Washington, DC, arrangements for a prehearing conference must be made 
through: Director, Office of Management, Planning and Analysis (014), 
Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *

0
10. Amend Sec.  20.711 by revising paragraph (c) to read as follows:


Sec.  20.711  Rule 711. Subpoenas.

* * * * *
    (c) Where filed. Motions for a subpoena must be filed with the 
Director, Office of Management, Planning and Analysis (014), Board of 
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *

0
11. Amend Sec.  20.714 by revising the fourth sentence in the 
parenthetical in paragraph (a)(1) to read as follows:


Sec.  20.714  Rule 714. Record of hearing.

    (a) * * *
    (1) * * * They must be filed with: Director, Office of Management, 
Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 
27063, Washington, DC 20038.)
* * * * *

0
12. Amend Sec.  20.715 by revising the fifth sentence to read as 
follows:


Sec.  20.715  Rule 715. Recording of hearing by appellant or 
representative.

    * * * In the case of hearings held before the Board of Veterans' 
Appeals in Washington, DC, arrangements must be made with the Director, 
Office of Management, Planning and Analysis (014), Board of Veterans' 
Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *

0
13. Amend Sec.  20.716 by revising the fifth sentence to read as 
follows:


Sec.  20.716  Rule 716. Correction of hearing transcripts.

    * * * In the case of hearings held before the Board of Veterans' 
Appeals, whether in Washington, DC, or in the field, the motion must be 
filed with the Director, Office of Management, Planning and Analysis 
(014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 
20038. * * *
* * * * *

0
14. Amend Sec.  20.717 by revising paragraph (c) to read as follows:


Sec.  20.717  Rule 717. Loss of hearing tapes or transcripts--motion 
for new hearing.

* * * * *
    (c) Where motion for a new hearing is filed. In the case of 
hearings held before the Board of Veterans' Appeals, whether in 
Washington, DC, or in the field, the motion must be filed with: 
Director, Office of Management, Planning and Analysis (014), Board of 
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *

Subpart J--Action by the Board

0
15. Amend Sec.  20.900 by revising the second sentence of paragraph 
(c)(2) to read as follows:


Sec.  20.900  Rule 900. Order of consideration of appeals.

* * * * *
    (c) * * *
    (2) * * * The motion must be filed with: Director, Office of 
Management, Planning and Analysis (014), Board of Veterans' Appeals, 
P.O. Box 27063, Washington, DC 20038.
* * * * *

Subpart K--Reconsideration

0
16. Amend Sec.  20.1001 by revising the second sentence of paragraph 
(b) to read as follows:


Sec.  20.1001  Rule 1001. Filing and disposition of motion for 
reconsideration.

* * * * *
    (b) * * * Such motions must be filed at the following address: 
Director, Office of Management, Planning and Analysis (014), Board of 
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *

Subpart N--Miscellaneous

0
17. Amend Sec.  20.1301 by revising the tenth sentence of paragraph 
(b)(2) to read as follows:


Sec.  20.1301  Rule 1301. Disclosure of information.

* * * * *
    (b) * * *
    (2) * * * These requests must be directed to the Research Center 
(01C1), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 
20038.
* * * * *

0
18. Amend Sec.  20.1304 by revising the fourth sentence of paragraph 
(b)(1) to read as follows:


Sec.  20.1304  Rule 1304. Request for change in representation, request 
for personal hearing, or submission of additional evidence following 
certification of an appeal to the Board of Veterans' Appeals.

* * * * *
    (b) * * *
    (1) * * * Such motions must be filed at the following address: 
Director, Office of Management, Planning and Analysis (014), Board of 
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *

Subpart O--Revision of Decisions on Grounds of Clear and 
Unmistakable Error

0
19. Amend Sec.  20.1404 by revising the second sentence of paragraph 
(c) to read as follows:


Sec.  20.1404  Rule 1404. Filing and pleading requirements; withdrawal.

* * * * *
    (c) * * * Such motions should be filed at the following address: 
Director, Office of Management, Planning and Analysis (014), Board of 
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *

0
20. Amend Sec.  20.1405 by revising paragraph (c)(2) to read as 
follows:

[[Page 32651]]

Sec.  20.1405  Rule 1405. Disposition.

* * * * *
    (c) * * *
    (2) Submission of requests. Requests for such a hearing shall be 
submitted to the following address: Director, Office of Management, 
Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 
27063, Washington, DC 20038.
* * * * *
[FR Doc. 2016-12111 Filed 5-23-16; 8:45 am]
 BILLING CODE 8320-01-P