United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2011_register executive 2011-02-15 article Proposed Rules D09002ee1c80052af D09002ee1c8005344 United States Department of Veterans Affairs originator org United States Government Agency or Subagency The Department of Veterans Affairs (VA) proposes to amend its regulations concerning adjudication of claims, representation of claimants, and Board of Veterans' Appeals rules of practice. These amendments would implement section 212 of the Veterans' Benefits Improvement Act of 2008, which allows an eligible survivor to substitute for a deceased claimant in order to complete the processing of the deceased claimant's claim. The intended effect of these amendments is to clarify the rules and procedures for those situations in which substitution is authorized. Under section 212, if a claimant dies while his or her claim or appeal is pending before VA, a survivor who would be eligible for accrued benefits under existing statutory authority may, not later than one year after the death of the claimant, request to be substituted for the claimant for the purposes of processing the claim or appeal to completion. Accordingly, after substitution, VA will continue to process the claim or appeal as if the claimant had not died. These amendments clarify the following matters: Eligibility for substitution, how an eligible survivor makes a request to substitute, how VA responds to requests to substitute, a substitute's rights in adjudication, limitations related to substitution, order of preference among eligible survivors, representation of substitutes, and procedures for substitution when a claim is before the Board of Veterans' Appeals. 76 FR 8666 https://www.govinfo.gov/app/details/FR-2011-02-15/2011-3196 2011-3196 fr15fe11-26 RIN 2900-AN91 8320-01-P https://www.govinfo.gov/app/details/FR-2011-02-15/2011-3196 https://www.govinfo.gov/content/pkg/FR-2011-02-15/html/2011-3196.htm https://www.govinfo.gov/content/pkg/FR-2011-02-15/pdf/2011-3196.pdf Courts Foreign Relations General Counsel Government Employees Lawyers Legal Services Organization and Functions (Government Agencies) Reporting and Recordkeeping Requirements Surety Bonds Trusts and Trustees Administrative Practice and Procedure Claims Disability Benefits Pensions Veterans 9 p. 8666 8674 76 FR 8666 Title 38 Part 14 38 CFR Part 14 Title 38 Part 20 38 CFR Part 20 Title 38 Part 3 38 CFR Part 3 RIN 2900-AN91 Substitution in Case of Death of Claimant; Federal Register Vol. 76, Issue PRORULE 2011-3196 DEPARTMENT OF VETERANS AFFAIRS 2011-04-18 8320-01-P 2011-3196 Proposed rule.

The Department of Veterans Affairs (VA) proposes to amend its regulations concerning adjudication of claims, representation of claimants, and Board of Veterans' Appeals rules of practice. These amendments would implement section 212 of the Veterans' Benefits Improvement Act of 2008, which allows an eligible survivor to substitute for a deceased claimant in order to complete the processing of the deceased claimant's claim. The intended effect of these amendments is to clarify the rules and procedures for those situations in which substitution is authorized. Under section 212, if a claimant dies while his or her claim or appeal is pending before VA, a survivor who would be eligible for accrued benefits under existing statutory authority may, not later than one year after the death of the claimant, request to be substituted for the claimant for the purposes of processing the claim or appeal to completion. Accordingly, after substitution, VA will continue to process the claim or appeal as if the claimant had not died. These amendments clarify the following matters: Eligibility for substitution, how an eligible survivor makes a request to substitute, how VA responds to requests to substitute, a substitute's rights in adjudication, limitations related to substitution, order of preference among eligible survivors, representation of substitutes, and procedures for substitution when a claim is before the Board of Veterans' Appeals.

Comments must be received by VA on or before April 18, 2011. Robert Watkins, Department of Veterans Affairs, Veterans Benefits Administration, Compensation and Pension Service, Regulation Staff (211D), 810 Vermont Avenue, NW., Washington, DC 20420, 202-461-9214. (This is not a toll-free number.) Courts Foreign Relations General Counsel Government Employees Lawyers Legal Services Organization and Functions (Government Agencies) Reporting and Recordkeeping Requirements Surety Bonds Trusts and Trustees Administrative Practice and Procedure Claims Disability Benefits Pensions Veterans Substitution In Case of Death of Claimant , http://www.Regulations.gov www.Regulations.gov Vol. 76, no. 31 Office of the Federal Register, National Archives and Records Administration 2011-02-15 continuing daily deposited born digital 277 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2011-02-15 P0b002ee180bf7772 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr15fe11 https://www.govinfo.gov/app/details/FR-2011-02-15 https://www.govinfo.gov/content/pkg/FR-2011-02-15/pdf/FR-2011-02-15.pdf https://www.govinfo.gov/content/pkg/FR-2011-02-15/xml/FR-2011-02-15.xml fdlp 8603 8870 DGPO 2011-02-15 2024-06-04 FR-2011-02-15 machine generated eng FR FR-2011-02-15 76 31