[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Notices]
[Pages 53064-53065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18839]


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DEPARTMENT OF VETERANS AFFAIRS


Disruption of Mail Service

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of exception to date of receipt rule.

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SUMMARY: In response to the declaration of a national emergency, 
announced on March 13, 2020, due to the coronavirus disease of 2019 
(COVID-19) pandemic in the United States, the Veterans Benefits 
Administration (VBA) instituted temporary provisions for determining 
the acceptable dates for the receipt of correspondence through the 
United States Postal Service mail and other mail delivery systems. This 
is an updated notice to VA's April 20, 2020, Federal Register 
publication.

FOR FURTHER INFORMATION CONTACT: Cleveland Karren, Director, Policy and 
Procedures, Compensation Service, Department of Veterans Affairs, 810 
Vermont Avenue NW, Washington, DC 20420, 202-461-9700. (This is not a 
toll-free telephone number.)

SUPPLEMENTARY INFORMATION: On March 13, 2020, the President of the 
United States signed a declaration of national emergency due to the 
COVID-19 pandemic in the United States, beginning March 1, 2020. The 
COVID-19 pandemic required VBA to dramatically alter its operations in 
concert with the Federal Government's efforts to combat the spread of 
the virus.
    VBA, as part of its efforts to protect veterans and employees, has 
in many locations maximized the use of telework from home. In addition, 
VBA has temporarily closed public contact units within VBA regional 
offices. Although the United States Postal Service operations have 
continued, limited physical staffing at VBA regional offices could lead 
to delays in the ability of these regional offices to receive mail and 
process it in a timely manner. At several VBA regional office locations 
the processing of correspondence (containing claims, pertinent 
beneficiary information or related evidence) mailed to VA during this 
period could be interrupted due to VA's involvement in the Federal 
Government's effort to combat the spread of COVID-19. VA aims to 
protect the interest of claimants who send such correspondence to VBA 
through the normal channels of communication during this period and 
could possibly be deprived of benefits solely because these channels of 
communication are disrupted during this time of national emergency. 
Therefore, VA has instituted temporary provisions for determining the 
acceptable dates for the receipt of correspondence through the United 
States Postal Service mail and other mail delivery systems (such as 
courier mail), as updated in this notice.
    VA regulation 38 CFR 3.1(r) allows the Under Secretary for Benefits 
to establish exceptions to VA's rule on the date of receipt of claims, 
information or evidence by a notice published in the Federal Register. 
Ordinarily, ''date of receipt'' means the date on which a claim, 
information or evidence was received in a VA office. This regulation 
states that exceptions may be established when a natural or man-made 
interference with the normal channels through which VBA ordinarily 
receives correspondence has resulted in one or more VBA regional 
offices experiencing extended delays in the receipt of claims, 
information or evidence to an extent that, if not addressed, the delay 
would adversely affect such claimants, through no fault of their own.
    The COVID-19 pandemic has interrupted operations at all VBA 
regional offices since the beginning of March 2020. Correspondence 
containing claims, information or evidence sent to VA during this 
period was likely delayed due to interrupted operations of VBA regional 
offices. Because VBA regional office mail systems were impacted, VA has 
established the following updated exceptions to the standard date of 
receipt rule.

Exceptions to Date of Receipt Rule for Claimants Affected by the COVID-
19 Outbreak

    VA previously gave notice that for purposes of determining 
entitlement to benefits, any correspondence received by VA from any 
claimant, during the period March 1, 2020, through 60 calendar days 
past the date the President ends the national state of emergency, that 
contains claims, information or evidence, is considered received on the 
date of postmark. That guidance remains in effect unless existing 
regulations permit an earlier date of receipt, such as in 38 CFR 3.108, 
3.153 or 3.201, or in the case of Veterans Pension, if its application 
would, in rare instances, unduly disadvantage the claimant.
    VA also previously gave notice that, in the event there is no mail 
postmark or date stamp by the through the United States Postal Service 
mail and other mail delivery systems, VA would consider the 
correspondence as received no later than February 29, 2020. This 
updated notice provides that, effective immediately, VA will consider 
any correspondence with no postmark or date stamp as received 10 
calendar days prior to the document's scanning date at the centralized 
claims intake center, counting the date of receipt at the intake center 
as the 10th calendar day; except in such cases where the mailing 
clearly shows that the receipt date would be erroneous. This change is 
necessary to account for the length of the COVID-19 pandemic and the 
realities of current mail processing.
    Due to length of the COVID-19 pandemic, it is no longer reasonable 
to assume that mail lacking a postmark was received prior to March 1, 
2020. Most mail sent to regional offices is forwarded directly to VBA's 
claims intake center for scanning and processing; however, some sites 
are excluded from direct forwarding. At those sites, there are 
personnel onsite to review the mail and send it for scanning. Also, VA 
is aware of some minor delays in either forwarding, receiving and 
scanning the mail. In either case, treating mail as received by VA 10 
calendar days prior to the date of the scanning at the claims intake 
center, is sufficient to cover the current delays in mail processing.
    VA, in applying this guidance, is attempting to give claimants the 
earliest and most accurate date of claim. As such, VA will treat mail 
that lacks a

[[Page 53065]]

postmark as if it was received by VA 10 calendar days prior to the date 
of the scanning by the claims intake center, except in such cases where 
the mailing clearly shows that it would be clearly erroneous. In 
situations where applying this liberal guidance would be clearly 
erroneous, VA will provide the best estimate for the date of receipt. 
This approach allows VA to utilize a date of mail receipt that is more 
aligned with the actual date of receipt. This guidance applies to 
correspondence received during the designated period from all domestic 
and foreign postal codes.

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. Brooks D. 
Tucker, Acting Chief of Staff, Department of Veterans Affairs, approved 
this document on August 20, 2020 for publication.

Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy & 
Management, Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2020-18839 Filed 8-26-20; 8:45 am]
BILLING CODE 8320-01-P