[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Pages 34787-34788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15153]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 19 and 20

RIN 2900-AQ26


VA Claims and Appeals Modernization

AGENCY: Department of Veterans Affairs.

ACTION: Correcting amendment.

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SUMMARY: On January 18, 2019, the Department of Veterans Affairs (VA) 
revised its regulations regarding appeals and Rules of Practice of the 
Board of Veterans' Appeals (Board). On February 15, 2019, VA published 
a correction to that rule. This correction addresses technical errors 
in the final regulations.

DATES: Effective July 19, 2019.

FOR FURTHER INFORMATION CONTACT: 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: VA published a final rule, VA Claims and 
Appeals Modernization, on January 18, 2019, in the Federal Register at 
84 FR 138, and a correction to the final rule that published February 
15, 2019, in the Federal Register at 84 FR 4336.

[[Page 34788]]

    This document augments the corrections which were published in the 
Federal Register on February 15, 2019 (84 FR 4336).

List of Subjects in 38 CFR Parts 19 and 20

    Administrative practice and procedure, Claims, Veterans.

    Accordingly, 38 CFR parts 19 and 20 are amended by making the 
following correcting amendments:

PART 19--BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS

0
1. The authority citation for part 19 continues to read as follows:

    Authority:  38 U.S.C. 501(a), unless otherwise noted.


Sec.  Sec.  19.15 through 19.19  [Reserved]

0
2. Add reserved Sec. Sec.  19.15 through 19.19 to subpart A.


Sec.  19.30  [Amended]

0
3. In Sec.  19.30, amend paragraph (b) by removing ``and'' before ``a 
VA Form 9'' and by removing the comma after ``Appeal to Board of 
Veterans' Appeals'' and adding a semicolon in its place.

0
4. In Sec.  19.51, revise the section heading and the authority 
citation at the end of the section to read as follows:


Sec.  19.51  Place of filing Notice of Disagreement and Substantive 
Appeal.

* * * * *

(Authority: 38 U.S.C. 7105(b)(1), (d)(3) (2016))

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

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

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


0
6. In Sec.  20.104, revise the section heading to read as follows:


Sec.  20.104  Rule 104. Jurisdiction of the Board.

* * * * *


Sec.  20.303  [Amended]

0
7. In Sec.  20.303, amend paragraph (b)(2) by removing the comma after 
``Rule 202''.


Sec.  20.405  [Amended]

0
8. In Sec.  20.405, amend the first sentence by removing ``30 day 
period'' and adding ``30-day period'' in its place.

0
9. In Sec.  20.407, revise the section heading to read as follows:


Sec.  20.407  Rule 407. Favorable findings are not binding in contested 
claims.

* * * * *


Sec.  20.502  [Amended]

0
10. In Sec.  20.502, remove the first occurrence of ``38 U.S.C.'' in 
the authority citation following paragraph (c).

0
11. Revise Sec.  20.707 to read as follows:


Sec.  20.707  Rule 707. Prehearing conference.

    An appellant's authorized representative may request a prehearing 
conference with the presiding Member of a hearing to clarify the issues 
to be considered at a hearing on appeal, obtain rulings on the 
admissibility of evidence, develop stipulations of fact, establish the 
length of argument which will be permitted, or take other steps which 
will make the hearing itself more efficient and productive.

(Authority: 38 U.S.C. 7102, 7107)


0
12. In Sec.  20.711, revise the section heading to read as follows:


Sec.  20.711  Rule 711. Hearings in simultaneously contested claims.

* * * * *

0
13. Revise Sec.  20.713 to read as follows:


Sec.  20.713  Rule 713. Recording of hearing by appellant or 
representative.

    An appellant or representative may record the hearing with his or 
her own equipment. Filming, videotaping or televising the hearing may 
only be authorized when prior written consent is obtained from all 
appellants and contesting claimants, if any, and made a matter of 
record. In no event will such additional equipment be used if it 
interferes with the conduct of the hearing or the official recording 
apparatus. In all such situations, advance arrangements must be made 
with the Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 
20038.

(Authority: 38 U.S.C. 7102, 7107)

Sec.  20.800  [Amended]

0
14. In Sec.  20.800, in the first sentence of paragraph (c)(3), remove 
the words ``member'' and ``members'' and add in their place ``Member'' 
and ``Members'', respectively, and in paragraph (e), remove ``Rule 
803'' and add ``Rule 802'' in its place.

0
15. In Sec.  20.904, revise the section heading to read as follows:


Sec.  20.904  Rule 904. Remand or referral for further action.

* * * * *

0
16. In Sec.  20.906, revise paragraph (b) to read as follows:


Sec.  20.906  Rule 906. Medical opinions and opinions of the General 
Counsel.

* * * * *
    (b) Joint Pathology Center opinions. The Board may refer pathologic 
material to the Joint Pathology Center and request an opinion based on 
that material.

(Authority: 38 U.S.C. 7109(a))

* * * * *


Sec.  20.1405  [Amended]

0
17. In Sec.  20.1405, in paragraph (c)(2), remove ``Planning and 
Analysis (014)''.

    Approved: July 11, 2019.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2019-15153 Filed 7-18-19; 8:45 am]
 BILLING CODE 8320-01-P