[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4336-4338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01840]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 3, 8, 14, 19, 20, and 21

RIN 2900-AQ26


VA Claims and Appeals Modernization

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; correction.

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SUMMARY: The Department of Veterans Affairs (VA) is correcting a final 
rule regarding its claims adjudication, appeals, and Rules of Practice 
of the Board of Veterans' Appeals (Board) regulations. This correction 
addresses minor technical errors in the published final rule.

DATES: Effective February 19, 2019.

FOR FURTHER INFORMATION CONTACT: Veterans Benefits Administration 
information, Jennifer Williams, Senior Management and Program Analyst, 
Appeals Management Office, Department of Veterans Affairs, 810 Vermont 
Avenue NW, Washington, DC 20420, (202) 530-9124 (this is not a toll-
free number). Board of Veterans' Appeals information, parts 19 and 20: 
Rachel Sauter, Counsel for Legislation, Regulations, and Policy, Board 
of Veterans' Appeals. Department of Veterans Affairs, 810 Vermont 
Avenue NW, Washington, DC 20420, (202) 632-5555 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: Due to technical errors and dropped 
amendments in editing, VA is correcting its final rule, VA Claims and 
Appeals Modernization, that published January 18, 2019, in the Federal 
Register at 84 FR 138.

Corrections

    In FR Rule Doc. No. 2018-28350, beginning on page 138 in the issue 
of January 18, 2019, make the following corrections.
    1. On page 139, second column, third paragraph under ``B. Comments 
Concerning Sec.  3.103--Procedural Due Process and Other Rights,'' in 
last sentence (line 21), remove ``to Sec.  3.103(d)(2)''.
    2. On page 146, first column, in line 22, correct ``Sec.  
3.351(c)'' to read ``Sec.  3.151(c)'', and in line 24, correct 
``admistrative'' to read ``administrative''.
    3. On page 168, second column, correct instruction 8 to read as 
follows:
    ``8. In Sec.  3.114, remove the word ``reopened'' and add in its 
place the word ``supplemental''.''
    4. On page 169, first column, in the amendment to Sec.  3.156, add 
introductory text, per instruction 11b, and correct the third sentence 
in paragraph (a) to read as follows:


Sec.  3.156  [Corrected]

    New evidence is evidence not previously part of the actual record 
before agency adjudicators.
    (a) * * * New evidence is evidence not previously part of the 
actual record before agency adjudicators. * * *
* * * * *


Sec.  3.2400  [Corrected]

0
5. On page 171, second column, in paragraph (d) of added Sec.  3.2400, 
add the word ``only'' between the words ``applicable'' and ``to''.


Sec.  3.2500  [Corrected]

0
6. On page 171, third column, in paragraph (b) of added Sec.  3.2500, 
add a period at the end of the first sentence ending with ``option''.

0
7. On page 172, third column, correct instruction 31 and add text for 
revised paragraph (c) to read as follows:
0
31. Amend Sec.  3.2600 by revising the section heading, adding 
introductory text, revising paragraph (c), and removing paragraph (g).
    The revisions and addition read as follows:


Sec.  3.2600  Legacy review of benefit claims decisions.

* * * * *
    (c) The reviewer may conduct whatever development he or she 
considers necessary to resolve any disagreements in the Notice of 
Disagreement, consistent with applicable law. This may include an 
attempt to obtain additional evidence or the holding of an informal 
conference with the claimant. Upon the request of the claimant, the 
reviewer will conduct a hearing under the version of Sec.  3.103(c) of 
this chapter predating Public Law 115-55.
* * * * *

0
8. On page 177, in the second column, in the second table, add the 
entry ``20.304. . . . . . . . . . . . . . . .19.54'' at the end of the 
table.

0
9. On page 180, first column, before instruction 95, add instruction 
94a and its corresponding regulatory text to read as follows:
    94a. Amend newly redesignated Sec.  20.101 by revising the section 
heading and paragraph (b) to read as follows:

[[Page 4337]]

Sec.  20.101  Rule 101. Composition of the Board; titles.

* * * * *
    (b) A Member of the Board (other than the Chairman) may also be 
known as a Veterans Law Judge. An individual designated as an acting 
member pursuant to 38 U.S.C. 7101(c)(1) may also be known as an acting 
Veterans Law Judge.

0
10. On page 180, second column, before instruction 96, add instruction 
95a and its corresponding regulatory text to read as follows:
    95a. Amend newly redesignated Sec.  20.103 by revising the section 
heading to read as follows:


Sec.  20.103  Rule 103. Principal functions of the Board.

* * * * *

0
11. On page 180, third column, before instruction 97, add instructions 
96a through 96e and their corresponding regulatory text to read as 
follows:
    96a. Revise newly redesignated Sec.  20.105 to read as follows:


Sec.  20.105  Rule 105. Criteria governing disposition of appeals.

    In the consideration of appeals and in its decisions, the Board is 
bound by applicable statutes, regulations of the Department of Veterans 
Affairs, and precedent opinions of the General Counsel of the 
Department of Veterans Affairs. The Board is not bound by Department 
manuals, circulars, or similar administrative issues.

0
96b. Amend newly redesignated Sec.  20.106 by revising the section 
heading to read as follows:


Sec.  20.106  Rule 106. Assignment of proceedings.

* * * * *

0
96c. Amend newly redesignated Sec.  20.107 by:
0
a. Revising the section heading;
0
b. Removing paragraph (b) and the authority citation following 
paragraph (b);
0
c. Redesignating paragraph (c) as paragraph (b); and d. In newly 
redesignated paragraph (b), removing the text ``paragraphs (a) and 
(b)'' and adding in its place the text ``paragraph (a)''.
    The revision reads as follows:


Sec.  20.107  Rule 107. Disqualification of Members.

* * * * *

0
96d. Amend newly redesignated Sec.  20.108 by revising the section 
heading to read as follows:


Sec.  20.108  Rule 108. Delegation of authority to Chairman and Vice 
Chairman, Board of Veterans' Appeals.

* * * * *

0
96e. Revise newly redesignated Sec.  20.109 to read as follows:


Sec.  20.109  Rule 109. Delegation of authority to Vice Chairman, 
Deputy Vice Chairmen, or Members of the Board.

    (a) The authority exercised by the Chairman of the Board of 
Veterans' Appeals described in Rules 106(b) and 107(b) (Sec. Sec.  
20.106(b) and 20.107(b)) may also be exercised by the Vice Chairman of 
the Board.
    (b) The authority exercised by the Chairman of the Board of 
Veterans' Appeals described in Rules 1004 and 1002(c) (Sec. Sec.  
20.1004 and 20.1002(c)) may also be exercised by the Vice Chairman of 
the Board and by Deputy Vice Chairmen of the Board.
    (c) The authority exercised by the Chairman of the Board of 
Veterans' Appeals described in Rule 2 (Sec.  20.2), may also be 
exercised by the Vice Chairman of the Board; by Deputy Vice Chairmen of 
the Board; and, in connection with a proceeding or motion assigned to 
them by the Chairman, by a Member or Members of the Board.

(Authority: 38 U.S.C. 512(a), 7102, 7104)


0
12. On page 183, in the second column, above the Subpart F heading, 
correct ``Sec. Sec.  20.404-20.499 [Reserved] '' to read ``Sec. Sec.  
20.408-20.499 [Reserved]''.


Sec.  20.6  [Corrected]

0
13. On page 184, in the first column, in Sec.  20.6, in line 14 of 
paragraph (a)(1), remove the quotation mark before ``Sec.  14.630''.

0
14. On page 184, in the second column, correct the heading and 
instruction 120 to read as follows:


Sec. Sec.  20.606-20.611  [Reserved]

0
120. Add reserved Sec. Sec.  20.606-20.611.

0
15. On page 187, in the third column, correct the section heading of 
the newly redesignated Sec.  20.709 to read as follows:


Sec.  20.709  Rule 709. Subpoenas.

* * * * *

0
16. On page 188, in the third column, under the heading `` Sec.  20.800 
[Redesignated as Sec.  20.901]'', remove ``153.'' from the end of the 
instruction.

0
17. On page 190, before instruction 162, add instructions 161a through 
161c and their corresponding regulatory text to read as follows:

0
161a. Amend newly redesignated Sec.  20.903:
0
a. By revising the section heading;
0
b. In the second sentence of paragraph (b), by removing the words 
``separately stated'';
0
c. By removing the authority citation at the end of paragraph (b); and
0
d. By adding an authority citation at the end of the section.
    The revision and addition read as follows:


Sec.  20.903  Rule 903. The decision.

* * * * *

(Authority: 38 U.S.C. 7104(d) (2016))


0
161b. Amend newly redesignated Sec.  20.904:
0
a. By revising the section heading;
0
b. In paragraph (c), by removing the text ``subpart B of this part'' 
and adding in its place the text ``part 19, subpart B of this 
chapter'';
0
c. In paragraph (c), by removing the text ``Sec.  20.204'' and adding 
in its place the text ``Sec.  19.55'';
0
d. In paragraph (d)(3), by removing the text ``Sec.  20.1304(c) of this 
chapter'' and adding in its place the text ``Rule 1305 (Sec.  
20.1305(c) of this part)'';
0
e. In paragraph (d)(4), by removing the text ``Sec.  20.901 of this 
chapter'' and adding in its place the text ``Rule 906 (Sec.  20.906 of 
this part)''; and
0
f. By revising the authority citation at the end of the section.
    The revisions read as follows:


Sec.  20.904  Remand or referral for further action.

* * * * *

    Authority:  38 U.S.C. 7102, 7103(c); 38 U.S.C. 7104(a), 7105 
(2016).

0
161c. Amend newly redesignated Sec.  20.905 by revising the section 
heading to read as follows:


Sec.  20.905  Rule 905. Content of Board decision, remand, or order in 
simultaneously contested claims.

* * * * *


Sec.  20.1000  [Corrected]

0
18. On page 191, in the first column, in Sec.  20.1000, in paragraph 
(a)(3), correct ``app7al'' to read ``appeal''.

0
19. On page 191, in the second column, before instruction 170, add 
instruction 169a and its corresponding regulatory text to read as 
follows:
    169a. Amend newly redesignated Sec.  20.1004 by:
0
a. Revising the section heading; and
0
b. Removing the word ``heard'' in paragraph (b) and adding in its place 
the word ``decided'' both places it appears.
    The revision reads as follows:


Sec.  20.1004  Rule 1004. Reconsideration panel.

* * * * *


[[Page 4338]]


    Approved: February 6, 2019.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2019-01840 Filed 2-14-19; 8:45 am]
 BILLING CODE 8320-01-P