[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63107-63108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24879]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0674]


Agency Information Collection Activity: Notice of Disagreement: 
Appeal to the Board of Veterans' Appeals

AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Board of Veterans' Appeals (BVA), Department of Veterans 
Affairs (VA), is announcing an opportunity for public comment on the 
proposed collection of certain information by the agency. Under the 
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to 
publish notice in the Federal Register concerning each proposed 
collection of information, including each proposed extension of a 
currently approved collection, and allow 60 days for public comment in 
response to the notice. Written comments and recommendations on the 
proposed collection of information should be received on or before 
January 14, 2022.

ADDRESSES: Submit written comments on the collection of information 
through Federal Docket Management System (FDMS) at www.Regulations.gov 
or to Sue Hamlin, BVA (01C2), Department of Veterans Affairs, 810 
Vermont Avenue NW, Washington, DC 20420 or email to [email protected]. 
Please refer to ``OMB Control No. 2900-0674'' in any correspondence. 
During the comment period, comments may be viewed online through FDMS.

FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise 
and Integration, Data Governance Analytics (008), 1717 H Street NW, 
Washington, DC 20006, (202) 266-4688 or email [email protected]. 
Please refer to ``OMB Control No. 2900-0674'' in any correspondence.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must 
obtain approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. This request for 
comment is being made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, BVA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of BVA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of BVA's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.
    Authority: Public Law 115-55; 38 U.S.C. 5104B, 5108, 5701, 5901, 
7103, 7104, 7105, 7107.
    Title: Notice of Disagreement (NOD)/Appeal to the Board of 
Veterans' Appeals, VA Form 10182 and VA Form 9.
    OMB Control Number: 2900-0674.
    Type of Review: Revision of a currently approved collection.
    Abstract: Appellate review of the denial of VA benefits may only be 
initiated by the filing of a Notice of Disagreement with the Board. 38 
U.S.C. 7105(a). VA Form 10182 Decision Review Request: Board Appeal 
(Notice of Disagreement) is required to initiate Board review of an 
appeal in the modernized review system as implemented by the Veterans 
Appeals Improvement and Modernization Act of 2017 (AMA). The VA Form 9 
Appeal to Board of Veterans' Appeals may be used to complete a legacy 
appeal to the Board. The completed form becomes the ``substantive 
appeal'' (or ``formal appeal''), which is required by the pre-AMA 
version of 38 U.S.C. 7105(a) and (d)(3) to complete an appeal to the 
Board. Additionally, the proposed information collections allow for 
withdrawal of services by a representative, requests for changes in 
hearing dates and methods under 38 U.S.C. 7107, and motions for 
reconsideration pursuant to 38 U.S.C. 7103(a).
    The Board is requesting to revise the currently approved OMB 
Control No. 2900-0674 to include an updated VA Form 10182 Notice of 
Disagreement. Proposed revisions to the VA Form 10182 Notice of 
Disagreement include: (1) Removal of the requirement to provide a 
social security number; (2) inclusion of checkboxes to indicate a 
preferred method of hearing; (3) inclusion of a checkbox to indicate 
whether the decision for which appeal is being sought was issued by the 
Veterans Health Administration (VHA); (4) inclusion of a checkbox to 
request an extension of the deadline to file a Notice of Disagreement; 
(5) removal of the checkbox used to indicate whether the Notice of 
Disagreement has been filed in response to a Statement of the Case or 
Supplemental Statement of the Case issued under the legacy appeals 
process; (6) replacement of the checkbox for

[[Page 63108]]

indicating the claimant ``is homeless'' to indicate whether the 
claimant is ``experiencing homelessness''; (7) a clarified description 
of the window of time within which to submit evidence on the Evidence 
Submission docket; and (8) adding a subpart to Part III for issues the 
appellant wishes to include in the VA Form 10182 that need to be listed 
on additional sheets. Proposed revisions also include updated 
instructions for completing the Notice of Disagreement.
    There is a decrease in the respondent burden because the associated 
control number originally included the nonstandard legacy Notice of 
Disagreement. Consistent with the wind-down of legacy appeals following 
implementation of the AMA, the Board is not seeking renewal of the 
nonstandard legacy Notice of Disagreement under this control number.
    Affected Public: Individuals and households.
    Estimated Annual Burden: 64,805 hours.
    Estimated Average Burden per Respondent: 37 minutes.
    Frequency of Response: Once.
    Estimated Number of Respondents: 126,000.

    By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration/Data 
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2021-24879 Filed 11-12-21; 8:45 am]
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