DEPARTMENT OF VETERANS AFFAIRS (VA)

3034. STANDARDS FOR COLLECTION, COMPROMISE, SUSPENSION, OR TERMINATION OF COLLECTION EFFORT; REGIONAL OFFICE COMMITTEE ON WAIVER AND COMPROMISES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1721

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17; 38 CFR 17.33

Legal Deadline:

None

Abstract:

The Veterans Health Administration of the Department of Veterans Affairs is considering amending its medical regulations to specify those who are eligible to prescribe medications. The supplementary information portion of the document contains a preliminary list of those under consideration for prescribing medications. To help formulate a proposed rule regarding medication prescribing authority, an advance notice of proposed rulemaking solicits written comments and announces a public hearing.

Timetable:

Action Date FR Cite

ANPRM 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Audrey Crenshew Drake, Program Director Nursing (118), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8424
Fax: 202 273-9066
Email: audrey.drake@mail.va

RIN:

2900-AK05

OFFICE OF FINANCIAL MANAGEMENT

3035. MEDICAL CARE AND TREATMENT FOR WHICH VA WILL NOT SEEK REIMBURSEMENT

Department of Veterans Affairs (VA)/OFFICE OF FINANCIAL MANAGEMENT

Priority:

Substantive, Nonsignificant

Legal Authority:

31 USC 3700 et seq; 38 USC 501; 38 USC 5302; 38 USC 5314; 38 USC 5315

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

31 CFR 900 to 904; 38 CFR 1.900 to 1.970

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) proposes to revise its current regulations on debt collection by eliminating some and cross-referencing the remainder to the revised DOJ/Treasury Governmentwide Federal Claims Collection Standards (31 CFR parts 900 to 904). These regulations will also be updated to comply with the Debt Collection Improvement Act of 1996. In addition, VA also proposes to amend regulations pertaining to the administration of our Regional Office Committees on Waivers and Compromises.

Timetable:

Action Date FR Cite

ANPRM 07/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Peter T. Mulhern, Office of Finance (047GC1), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-5570
TDD Phone: 202 273 6574

RIN:

2900-AK10

DEPARTMENT OF VETERANS AFFAIRS (VA)

Proposed Rule Stage

VETERANS HEALTH ADMINISTRATION

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 1729

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.107

Legal Deadline:

None

Abstract:

This document proposes to amend VA's medical regulations to provide that, under specified conditions, VA will not seek reimbursement from health insurance carriers or from veterans in the form of copayments for care or services not adjudicated as service connected.

Timetable:

Action Date FR Cite

NPRM 05/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Nancy Howard, Senior Program Analyst (174), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8198
Fax: 202 273-6485

RIN:

2900-AJ20

3036. CLOTHING ALLOWANCE

3037. PRIORITIES FOR STATE HOME GRANTS FOR CONSTRUCTION, ACQUISITION, OR RENOVATION

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Info./Admin./Other

Legal Authority:

38 USC 1162

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.810

Legal Deadline:

None

Abstract:

The regulatory action needs to be amended to contain specific language that submission of torn, worn, damaged clothing is not a specific condition for approving clothing allowances.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Frederick Downs Jr., Chief, Consultant, Prosthetic and Sensory Aids Strategic Healthcare Group, Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8515

RIN:

2900-AJ21

3038. POLICY REGARDING PARTICIPATION IN NATIONAL PRACTITIONER DATA BANK

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Other Significant

Legal Authority:

38 USC 501; 38 USC 1721

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.216; 38 CFR 17.222

Legal Deadline:

None

Abstract:

This rule proposes to amend the Department of Veterans Affairs regulations concerning State homes. VA provides funds to States for projects for the construction, acquisition, or renovation of State veterans nursing homes and State veterans domiciliaries. This notice of proposed rulemaking requests comments regarding what regulations should be established with respect to the priorities for awarding State home grants for construction, acquisition, or renovation.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State

Agency Contact:

Frank Salvas, Geriactrics and Extended Care (114), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8536

RIN:

2900-AJ43

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1110 to 11152

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 46

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs proposes to amend its regulations concerning the reporting of physicians, dentists, and other healthcare practitioners to the National Practitioner Data Bank (NPDB). These regulations concern malpractice payment reporting and clinical privileges actions reporting. These amendments appear to be necessary to make the reporting process more efficient and fair and to ensure that reporting is accomplished in accordance with the statutory framework.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Kathryn W. Enchelmayer, Office of Quality and Performance (10Q), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8936

RIN:

2900-AJ76

3039. THERAPEUTIC HOUSING

3040. REIMBURSEMENT/PAYMENT FOR UNINSURED VETERANS' NON-VA EMERGENCY MEDICAL CARE

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 1772

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17

Legal Deadline:

None

Abstract:

This rulemaking proposes to establish provisions regarding payment rates and length of stay for veterans residing in housing under VA's Compensation Work Therapy/Transitional Residences program. These provisions are designed to ensure that veterans pay an equitable amount and stay only for the time necessary to meet the intended goals.

Timetable:

Action Date FR Cite

NPRM 03/06/01 66 FR 13461

NPRM Comment Period End 05/07/01
Final Action 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Christine Woods, Program Specialist, Department of Veterans Affairs, Veterans Health Administration, HQ-Psychosocial Rehabilitation Services, Bldg. 148, Rm D133, VA Medical Center, Hampton, VA 23669
Phone: 757 722-9961
Fax: 757 728-3143

RIN:

2900-AK01

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Other Significant. Major under 5 USC 801.

Legal Authority:

38 USC 501; 38 USC 1725; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17

Legal Deadline:

NPRM, Statutory, May 22, 2000, 180 days after effective date of PL 106-117.

Abstract:

This document proposes to amend the Department of Veterans Affairs medical regulations by establishing a mechanism for payment or reimbursement for certain non-VA emergency services furnished to veterans for nonservice-connected conditions. This amendment is necessary to implement provisions of "The Veterans Millennium Health Care and Benefits Act."

Timetable:

Action Date FR Cite

NPRM 05/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

None

Agency Contact:

Roscoe G. Butler, Chief, Policy and Operations (10C3), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8302
Fax: 202 273-9609
Email: roscoe.butler@mail.va.gov

RIN:

2900-AK08

3041. WAIVERS

3042. COPAYMENTS FOR EXTENDED CARE SERVICES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 1722A; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.105

Legal Deadline:

None

Abstract:

The purpose of this document is to provide regulations to formally establish the waiver process for veterans' copayments.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Nancy Howard, Senior Program Analyst (174), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8198
Fax: 202 273-6485

RIN:

2900-AK29

3043. ENROLLMENT PRIORITY CATEGORY STATUS CHANGES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 1710; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.111

Legal Deadline:

None

Abstract:

This document proposes to amend VA's medical regulations to establish a mechanism regarding copayments for extended care services.

Timetable:

Action Date FR Cite

NPRM 07/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Carolyn S. West, Program Analyst (174), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8206
Fax: 202 273-6485
Email: carol.west@mail.va.gov

RIN:

2900-AK32

3044. COPAYMENTS FOR INPATIENT HOSPITAL CARE, OUTPATIENT MEDICAL CARE, AND MEDICATIONS

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1721; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.36

Legal Deadline:

None

Abstract:

Pursuant to the Veteran's Health Care Eligibility Reform Act of 1996, VA implemented a national enrollment system to manage the delivery of VA hospital and outpatient care. Veterans are eligible to be enrolled based on the Secretary's determination concerning which of the seven priority categories of veterans to enroll. Section 112 of Public Law No. 106-117, the Veteran's Millennium Health Care and Benefits Act, amended the priority categories to include veterans awarded the Purple Heart in priority category three. Accordingly, we intend to change our medical regulations at 38 CFR 17.36 to reflect this statutory change. We further propose to amend VA's Disenrollment requirements set forth under 38 CFR 17.36(d)(4)(iii) to allow priority category 5 veterans enrolled in this category based on their annual income information to remain enrolled. Currently, under 38 CFR 17.36(d)(4)(iii), a veteran enrolled under paragraphs (d)(2) or (d)(3) will be disenrolled if a VA network or facility director, or the Chief Network Officer, determines that a veteran has been enrolled based on inclusion in priority category 5, the veteran was sent by mail a VA Form 10-1-EZ, and the veteran failed to return the completed form to the address on the return envelop within 60 days from receipt of the form. We propose to continue their enrollment but only after the veteran agrees to co-pay requirements set forth under 38 U.S.C. 1710(f) and 1710(g). We also propose to amend the enrollment application form to reflect these changes and to add to the form instructions, a consent to release information, a statement regarding Paperwork Reduction Act changes are necessary to reflect statutory requirements, and to provide information to the public.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK38

3045. � LOAN GUARANTY: MULTIFAMILY TRANSITIONAL HOUSING FOR HOMELESS VETERANS PROGRAM

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 1710; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.108; 38 CFR 17.110

Legal Deadline:

None

Abstract:

This document proposes to amend VA's medical regulations to
set forth a mechanism for determining copayments for inpatient hospital care, outpatient medical care, and medications. This document is necessary to implement provisions of the Veterans Millennium Health Care and Benefits Act and to set forth our statutory interpretations regarding application of the copayment requirements.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Nancy Howard, Senior Program Analyst (174), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8198
Fax: 202 273-6485

RIN:

2900-AK50

3046. SCHEDULE FOR RATING DISABILITIES—THE ORTHOPEDIC SYSTEM

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 3772

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.1000 to 17.1020

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs proposes to amend its medical regulations to add comprehensive regulations to implement the pilot program for guaranteed loans for multifamily transitional housing projects for homeless veterans.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Theresa Hayes, Program Manager (116E), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8445

RIN:

2900-AK58

VETERANS BENEFITS ADMINISTRATION

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3047. SCHEDULE FOR RATING DISABILITIES—NEUROLOGICAL CONDITIONS AND CONVULSIVE DISORDERS

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.71(a)

Legal Deadline:

None

Abstract:

These amendments will contain additions, deletions, and revisions of terminology resulting from a systematic review of the medical criteria used to evaluate disabilities of the orthopedic system.

Timetable:

Action Date FR Cite

ANPRM 12/28/90 55 FR 53315

ANPRM Comment Period End 02/26/91
NPRM 07/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Dr. Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 272-7211

RIN:

2900-AE91

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3048. SCHEDULE FOR RATING DISABILITIES—DIGESTIVE SYSTEM

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.120; 38 CFR 4.121; 38 CFR 4.122; 38 CFR 4.123; 38 CFR 4.124; 38 CFR 4.124a

Legal Deadline:

None

Abstract:

These amendments will contain additions, deletions, and revisions of terminology resulting from a systematic review of the medical criteria used to evaluate disabilities of the neurological system.

Timetable:

Action Date FR Cite

ANPRM 05/02/91 56 FR 20169

ANPRM Comment Period End 07/01/91
NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Dr. Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 272-7211

RIN:

2900-AF23

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3049. TOTAL DISABILITY EVALUATIONS BASED ON INABILITY OF THE INDIVIDUAL TO ENGAGE IN SUBSTANTIALLY GAINFUL EMPLOYMENT

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.114

Legal Deadline:

None

Abstract:

These amendments will contain additions, deletions, and revisions of terminology resulting from a systematic review of the medical criteria used to evaluate disabilities of the digestive system.

Timetable:

Action Date FR Cite

ANPRM 05/02/91 56 FR 20168

ANPRM Comment Period End 07/01/91
NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Dr. Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 272-7211

RIN:

2900-AF24

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 512(a); 38 USC 1110; 38 USC 1131; 38 USC 1155; 38 USC 1502; 38 USC 1521(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.321; 38 CFR 3.340; 38 CFR 3.341; 38 CFR 3.342; 38 CFR 4.16; 38 CFR 4.17; 38 CFR 4.18

Legal Deadline:

None

Abstract:

This action will amend the regulations in part 3 of title 38, United States Code, and in the Schedule for Rating Disabilities in part 4 to provide clear and objective standards for determining whether a veteran is entitled to a total evaluation based on his or her inability to perform substantially gainful employment due to disability.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Janice Jacobs, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AH21

3050. EVIDENCE ON FILE AT DATE OF DEATH

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3051. ANKYLOSIS AND LIMITATION OF MOTION OF DIGITS OF THE HANDS

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.1000

Legal Deadline:

None

Abstract:

This action will clarify the definition of "medical evidence on file at time of death" (Hayes v. Brown).

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Janice Jacobs, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AH42

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

3052. DEPENDENTS EDUCATION: ELIGIBILITY AND ENTITLEMENT STANDARDS

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.71a

Legal Deadline:

None

Abstract:

This document revises the evaluation criteria for ankylosis and limitation of motion of the fingers to ensure that veterans diagnosed with these conditions receive consistent evaluations.

Timetable:

Action Date FR Cite

NPRM 08/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Dr. Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 272-7211

RIN:

2900-AI44

3053. SCHEDULE FOR RATING DISABILITY: THE SPINE

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 90-631, sec 2; 38 USC 3541; 38 USC 3562; 38 USC 3681; 38 USC 3686; 38 USC 3687; 38 USC 5304; PL 97-377, sec 156; 38 USC 501(a); 38 USC 3482; 38 USC 3501; 38 USC 3511; 38 USC 3512; 38 USC 3532; 38 USC 3533

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.503; 38 CFR 21.3042; 38 CFR 21.3043; 38 CFR 21.3044; 38 CFR 21.3045; 30 CFR 21.3046; 30 CFR 21.3047; 38 CFR 3.667; 38 CFR 3.707; 38 CFR 3.807; 38 CFR 21.3020; 38 CFR 21.3021; 38 CFR 21.3023; 38 CFR 21.3040; 38 CFR 21.3041; ...

Legal Deadline:

None

Abstract:

This document will amend Department of Veterans Affairs education regulations to provide a new interpretation of when the eligibility period ends for children eligible for Survivors' and Dependents' Educational Assistance. It will implement provisions of the Veterans Benefits and Health Care Improvement Act of 2000 that affect children's eligibility periods and the effective date of awards under Survivors' and Dependents' Educational Assistance. It will also implement recent opinions of the Court of Appeals for Veterans Claims that affect eligibility for Survivors' and Dependents' Educational Assistance. It will also make changes to clarify many of these regulations and other changes to make the regulations easier to use.

Timetable:

Action Date FR Cite

NPRM 09/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

William G. Susling Jr., Assistant Director for Policy and Program Development (225), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7187
Fax: 202 275-2636
Email: edubsusl@vba.va.gov

RIN:

2900-AJ19

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

3054. EDUCATION PROVISIONS OF THE VETERANS PROGRAMS ENHANCEMENT ACT OF 1998

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.71a

Legal Deadline:

None

Abstract:

This amendment will contain additions, deletions, and revisions of terminology pertaining to spinal disabilities based on a systematic review of the medical criteria used to evaluate disabilities of the spine.

Timetable:

Action Date FR Cite

NPRM 08/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Dr. Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 272-7211

RIN:

2900-AJ60

3055. EVIDENCE OF PERMANENT AND TOTAL DISABILITY

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 16136; 38 USC 3034; 38 USC 3241; 38 USC 3485; 38 USC 3537; 38 USC 3677; 38 USC 3684; 38 USC 5101

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 21.4145; 38 CFR 21.4200; 38 CFR 21.4206; 38 CFR 21.4262

Legal Deadline:

None

Abstract:

This rule will bring VA's educational assistance regulations into agreement with the Veterans Program Enhancement Act of 1998. This will include revising the calculation of the reporting fee paid to educational institutions; making advance payments to work-study students optional rather than mandatory; and revising the approval criteria for on-job training programs offered by the Federal Government or by State or local governments.

Timetable:

Action Date FR Cite

NPRM 07/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AJ68

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.3(a)

Legal Deadline:

None

Abstract:

This amendment would allow VA to accept the following types of evidence as establishing that a veteran is permanently and totally disabled, without need for medical evidence: (1) Status as a nursing home patient, (2) SSA determination of total disability, and (3) attainment of age 65.

Timetable:

Action Date FR Cite

NPRM 05/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Janice Jacobs, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AJ82

3056. BENEFIT OF THE DOUBT

3057. PERMANENT INCAPACITY FOR SELF-SUPPORT

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 5107(b)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.102

Legal Deadline:

None

Abstract:

This action proposes to amend 38 CFR part 3 by adding a new
subpart D—Universal Adjudication Rules. This new subpart would consist of reorganized sections from existing subpart A. The first of these sections to be reorganized is the general concept of "benefit of the doubt." The intended effect of this amendment is to retain the existing provision but rewritten in a reorganized format using plain language principles and recognizing decisions of the U.S. Court of Appeals for Veterans Claims.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Robert M. White, Team Leader, Plain Language Regulations Project, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7228
Fax: 202 275-4800
Email: capbwhit@vba.va.gov

RIN:

2900-AJ93

3058. PRESUMPTIVE SERVICE CONNECTION FOR HEPATITIS C INFECTION

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 1115; 38 USC 1311; 38 USC 1313; 38 USC 1314; 38 USC 1521; 38 USC 1541; 38 USC 1542; PL 101-508; PL 102-568

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.356

Legal Deadline:

None

Abstract:

This action proposes to amend 38 CFR part 3 to conform it to the Presidential Memorandum of June 1, 1998, Plain Language in Government Writing, by revising provisions on helpless children in section 3.356 and by incorporating rules on helpless children in VA's Adjudication Procedures Manual, M21-I.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AJ95

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.318

Legal Deadline:

None

Abstract:

This document proposes to amend the Department of Veterans Affairs adjudication regulations to establish presumptive service connection for hepatitis C infection in veterans who were exposed to blood during combat who underwent certain treatment procedures during active duty service. The intended effect of this rule is to ensure that veterans who may have been exposed to the hepatitis C virus during active military service, because they underwent hemodialysis, tranfusion of blood or blood products before January 1, 1993, or solid organ transplant before January 1, 1993, will be service-connected for hepatitis C infection.

Timetable:

Action Date FR Cite

NPRM 05/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Dr. Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 272-7211

RIN:

2900-AJ96

3059. MINIMUM ACTIVE DUTY REQUIREMENT

3060. STATE DEPARTMENT AS AGENT OF DEPARTMENT OF VETERANS AFFAIRS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 5303A

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3; 38 CFR 3.12a

Legal Deadline:

None

Abstract:

This document explains the minimum active-duty service requirement (MADSR) for entitlement to VA benefits in "plain language." It incorporates a provision from the adjudication procedures manual, M21-1, not currently addressed in the regulation, to allow for public comment. It also corrects in M21-1, the date of enactment of the law under which the MADSR was authorized. This does not affect entitlement or eligibility to VA benefits previously established under the manual provisions.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK02

3061. COMMENCEMENT OF THE PERIOD OF PAYMENT

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 5106

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3; 38 CFR 3.108

Legal Deadline:

None

Abstract:

This document reorganizes and rewrites in "plain language" the regulation that identifies the State Department as an agent of the Department of Veterans Affairs for purposes of accepting, developing, and assisting with claims and evidence. It
incorporates a provision in the adjudication procedures manual regarding services offered by the Department of State.

Timetable:

Action Date FR Cite

NPRM 08/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK03

3062. SERVICE CONNECTION AND CHRONIC DISABILITY

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 5111

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3; 38 CFR 3.31

Legal Deadline:

None

Abstract:

This document explains in "plain language" when benefit payments begin for certain original, reopened, or increased awards. It also clarifies procedures to enhance consistency of application and proposes to remove two requirements from the adjudication procedures manual, M21-1, that are inconsistent with governing authority.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK09

3063. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND REQUIREMENT FOR DRUG-FREE WORKPLACE (ASSISTANCE)

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1110; 38 USC 1131

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.303

Legal Deadline:

None

Abstract:

Title 38 Code of Federal Regulations section 3.303 concerns the basic principles of service connection. This includes provisions on chronic disabilities and continuity of symptomatology. Section 3.303 is being revised into Reader Focused Writing. In addition, VA plans to make substantive changes needed to implement the U.S. Court of Appeals for Veterans Claims' holdings in the Savage, McManaway, and Hodges cases.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Bill Russo, Attorney-Advisor, Compensation and Pension (211), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211
Fax: 202 275-1728
Email: capbruss@vba.va.gov

RIN:

2900-AK11

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

3064. TIME LIMITS, EXTENSIONS, AND COMPUTATION OF TIME LIMITS

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 44; 38 CFR 48

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) is planning to revise its portion of the Governmentwide nonprocurement common rule (NCR) for debarment and suspension found at 38 CFR part 44. The proposed changes include: Drafting the rule in a plain language style and format; reconciling technical differences between the NCR and the Federal Acquisition Regulation; enhancing and clarifying the existing rule; and establishing a separate part at 38 CFR part 48 for the drug-free workplace requirements that are in subpart F of the existing rule.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

Undetermined

Agency Contact:

Robert Finneran, Assistant Director for Policy and Valuation (262), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7369
Fax: 202 273-3523
Email: lgyrfinn@vba.va.gov

RIN:

2900-AK16

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 5103; 38 USC 7105(c)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.109; 38 CFR 3.110

Legal Deadline:

None

Abstract:

This provision explains in "plain language" about time limits for providing evidence to VA to complete claims, how those time limits are computed, and under what circumstances extensions to the time limits may be allowed.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK17

3065. FINALITY OF DECISIONS

3066. DELEGATION OF AUTHORITY TO ISSUE DECISIONS ON BENEFITS CLAIMS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 502; 38 USC 511; 38 USC 5104; 38 USC 5109A; 38 USC 5112(b)(6)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.104

Legal Deadline:

None

Abstract:

This amendment informs claimants in "plain language" when a VA decision is final, how a decision by one VA office affects other VA offices, and under what circumstances a VA decision may be changed.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK18

3067. INDIVIDUALS AND GROUPS CONSIDERED TO HAVE PERFORMED ACTIVE MILITARY, NAVAL, OR AIR SERVICE

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Info./Admin./Other

Legal Authority:

38 USC 512

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.100

Legal Deadline:

None

Abstract:

This is a plain language restatement of the existing delegations of authority to issue decisions on benefit claims.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK19

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 101; 38 USC 102; 38 USC 107; 38 USC 501(a); 38 USC 1152; 38 USC 1504, 5303(c); PL 95-202; ...

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.7

Legal Deadline:

None

Abstract:

This amendment reorganizes the current regulation and rewrites it in "plain language." The regulation identifies civilian groups and individuals determined to have performed active service based on their service to U.S. Armed Forces. We propose to add three new groups, under the authority of Public Law No. 95-202, based on the recent decision of the Secretary of the Air Force that the service of these group members constitutes active military service.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK20

3068. PSYCHOSIS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.384

Legal Deadline:

None

Abstract:

This document proposes to amend the Department of Veterans Affairs adjudication regulations to define the term "psychosis." The term is used but not defined in certain statutes that provide presumptive service connection for compensation or health care purposes.

Timetable:

Action Date FR Cite

NPRM 08/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Dr. Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 272-7211

RIN:

2900-AK21

3069. CHANGE OF LAW-EFFECT ON BENEFITS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Info./Admin./Other

Legal Authority:

38 USC 186; 38 USC 5112(b)(6); 38 USC 5110(g)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.114

Legal Deadline:

None

Abstract:

These amendments are plain language restatements of adjudication regulations dealing with the effective dates that must be assigned when entitlement or non-entitlement to benefits is based on a change of law or a change VA rules.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK22

3070. RENOUNCEMENT OF BENEFITS

3071. TESTIMONY IN SUPPORT OF BENEFIT CLAIMS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 5306

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.106

Legal Deadline:

None

Abstract:

This revision explains in "plain language" who has the right to renounce benefits, how to renounce benefits, and what renouncement means to a claimant. It discusses effective dates for the termination of renounced benefits, as well as the right to reapply for benefits that have been renounced. A substantive change in the effective date of a renouncement is proposed to cover the renouncement of benefits when an award is already in suspense.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK23

3072. WRITTEN AND ORAL INFORMATION ON STATEMENTS AFFECTING ENTITLEMENT TO BENEFITS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 5711(a)(3)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.200

Legal Deadline:

None

Abstract:

This proposal is a rewrite of the current regulation concerning the requirements for submitting oral and written testimony. We also propose to incorporate two provisions currently found in the adjudication procedure manual. The changes will make the regulation easier to understand and give claimants more information about the requirements for submitting oral and written testimony.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK24

3073. ACCEPTABLE EVIDENCE OF DEPENDENTS AND AGE

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 5104

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.103

Legal Deadline:

None

Abstract:

This rulemaking intends to amend VA's due process regulation to allow reporting requirements to be met and allow benefit modifications to be based on information provided orally or by electronic means (e-mail, facsimile, or other means). This should help both beneficiaries and VA since it would allow benefit modifications to be done more quickly and reduce overpayments. It would also allow those receiving pension or parents' DIC to report promptly the deaths of family members, since this could affect entitlement to benefits.

Timetable:

Action Date FR Cite

NPRM 04/20/01 66 FR 20220

NPRM Comment Period End 06/19/01
Final Action 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Donald England, Chief, Policy and Regulations, C & P Service (21), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AK25

3074. ACCEPTABLE EVIDENCE OF VOID AND ANNULLED MARRIAGES

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 5124

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.204

Legal Deadline:

None

Abstract:

This amendment restates the current regulation in "plain language" and eliminates the requirement that statements acceptable as proof of age or relationship must be written.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7213

RIN:

2900-AK26