DEPARTMENT OF VETERANS AFFAIRS (VA)

3145. � MANDATORY DISCLOSURE OF SOCIAL SECURITY NUMBER

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 12/00/01

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

VETERANS BENEFITS ADMINISTRATION

3146. STANDARDS FOR COLLECTION, COMPROMISE, SUSPENSION, OR TERMINATION OF COLLECTION EFFORT; REGIONAL OFFICE COMMITTEE ON WAIVER AND COMPROMISES

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Info./Admin./Other

Legal Authority:

38 USC 1806; 38 USC 5101(c)

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

38 CFR 3.216

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs proposes to amend its adjudication regulation concerning the mandatory disclosure of social security numbers. The intended effect is to present the existing regulation in "plain language."

Timetable:

Action Date FR Cite

ANPRM 06/00/02

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 Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK82

OFFICE OF FINANCIAL MANAGEMENT

3147. 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 12/00/01

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

COM053VETERANS HEALTH ADMINISTRATION

Department of Veterans Affairs (VA)/*COM053*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 12/00/01

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: 202 273-4897
Email: nancy.howard@hq.med.va.gov

RIN:

2900-AJ20

3148. CLOTHING ALLOWANCE

3149. MEDICAL BENEFITS PACKAGE; COPAYMENTS FOR EXTENDED CARE SERVICES

Department of Veterans Affairs (VA)/*COM053*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 06/00/02

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

3150. ENROLLMENT PRIORITY CATEGORY STATUS CHANGES

Department of Veterans Affairs (VA)/*COM053*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 17.36; 38 CFR 17.38; 38 CFR 17.111

Legal Deadline:

None

Abstract:

This document proposes to amend VA's medical regulations by adding the following extended care services to the medical benefits package: Noninstitutional adult day health care, noninstitutional geriatric evaluation, and noninstitutional respite care. Also, we propose to amend VA's medical regulations to establish provisions regarding copayments for extended care services. These actions would implement provisions of the Veterans Millennium Health Care and Benefits Act.

Timetable:

Action Date FR Cite

NPRM 10/04/01 66 FR 50594

NPRM Comment Period End 12/03/01
Final Action 04/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK32

3151. � HEALTHCARE FOR CHILDREN BORN WITH ONE OR MORE COVERED BIRTH DEFECTS TO VIETNAM VETERANS

Department of Veterans Affairs (VA)/*COM053*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 04/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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-AK38

3152. � ENROLLMENT—PROVISION OF HOSPITAL AND OUTPATIENT CARE TO VETERANS—PRIORITY CATEGORIES 5, 6, AND 7

Department of Veterans Affairs (VA)/*COM053*VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 1721; PL 106-419

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

38 CFR 17.900 to 1905

Legal Deadline:

None

Abstract:

The document proposed to establish regulations regarding health care benefits for women Vietnam veterans' children with covered birth defects. It would revise the current regulations regarding health care for Vietnam veterans' children suffering from spina bifida to also encompass health care for women Vietnam veterans' children with certain other birth defects. This is necessary to provide health care for such children in accordance with recently enacted legislation (Public Law 106-419, November 1,2000).

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Susan K. Schmetzer, Chief, Policy and Strategic Planning, Health Administration Center, Department of Veterans Affairs, 300 South Jackson Street, Denver, CO 80209
Phone: 303 331-7552
Email: schmetzer@champva.denver.va.gov

RIN:

2900-AK88

3153. � PAYMENT FOR NON-VA MEDICAL SERVICES AND INPATIENT CARE PROVIDED AT NON-VA FACILITIES

Department of Veterans Affairs (VA)/*COM053*VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1705; PL 104-262

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

38 CFR 17

Legal Deadline:

None

Abstract:

VA has established a national enrollment system to manage the delivery of health care services. Veterans are eligible to be enrolled based on seven categories of priority. This document proposes to establish subpriorities for priority categories 5, 6, and 7. The proposed changes are intended to provide an equitable system for further prioritizing the enrollment of veterans in these priority categories.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Amy Hertz, Office of Policy and Planning (105), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington,, DC 20420
Phone: 202 273-8932

RIN:

2900-AK92

3154. � REASONABLE CHARGES FOR MEDICAL CARE OR SERVICES

Department of Veterans Affairs (VA)/*COM053*VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501

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

38 CFR 17

Legal Deadline:

None

Abstract:

This document proposes to amend the Department of Veterans Affairs (VA) medical regulations to establish a payment methodology for inpatient care and outpatient medical services provided to eligible VA beneficiaries at non-VA facilities. It is proposed that when there is an amount already calculated under the Medicare Payment Systems for services, VA would pay the lesser of the actual billed charge, an amount negotiated with the provider or the provider's agent, or the calculated amount. It appears that the adoption of the proposal would help ensure that amounts paid for these services would better reflect the resource inputs used to furnish a service and better reflect the true value of services. Further, it is proposed that the regulations would continue to require that VA payment constitute payment in full. In our view, this is required by statute.

Timetable:

Action Date FR Cite

NPRM 04/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Rex Gilmore, Health Administration Service (10C3), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8307

RIN:

2900-AK94

3155. SCHEDULE FOR RATING DISABILITIES—THE ORTHOPEDIC SYSTEM

Department of Veterans Affairs (VA)/*COM053*VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1721; 38 USC 1729

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

38 CFR 17.101

Legal Deadline:

None

Abstract:

This document amends the Department of Veterans Affairs (VA) medical regulations concerning "reasonable charges" for medical care or services provided or furnished by VA to veterans for nonservice-connected disabilities. This document amends the regulations to revised the charge structure and update other provisions for the purpose of providing more precise charges.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

David Cleaver, VHA Revenue Office (174), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8210
Fax: 202 273-4897

RIN:

2900-AL06

VETERANS BENEFITS ADMINISTRATION

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3156. 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 02/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

RIN:

2900-AE91

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3157. 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 02/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

RIN:

2900-AF23

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3158. 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 03/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

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 10/01/01 66 FR 49886

NPRM Comment Period End 11/30/01
Final Action 04/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Beth McCoy, Consultant, Regulations Staff (211A), Department of Veterans Affairs, 575 N. Pennsylvania St., Indianapolis, IN 46204
Phone: 317 226-5209

RIN:

2900-AH21

3159. EVIDENCE ON FILE AT DATE OF DEATH

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

3160. 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 12/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Beth McCoy, Consultant, Regulations Staff (211A), Department of Veterans Affairs, 575 N. Pennsylvania St., Indianapolis, IN 46204
Phone: 317 226-5209

RIN:

2900-AH42

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

3161. 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 04/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

RIN:

2900-AI44

3162. 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 03/00/02

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:

3163. 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 02/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

RIN:

2900-AJ60

3164. 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 02/00/02

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:

3165. SCHEDULE FOR RATING DISABILITIES: GLOBAL ASSESSMENT OF FUNCTIONING SCALE IN THE EVALUATION OF MENTAL DISORDERS

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 12/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Beth McCoy, Consultant, Regulations Staff (211A), Department of Veterans Affairs, 575 N. Pennsylvania St., Indianapolis, IN 46204
Phone: 317 226-5209

RIN:

2900-AJ82

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 4.125

Legal Deadline:

None

Abstract:

To assure evaluation of mental disorders is based solely on rating schedule criteria.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

RIN:

2900-AJ84

3166. BENEFIT OF THE DOUBT

3167. 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 06/00/02

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

3168. 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 06/00/02

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 05/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

RIN:

2900-AJ96

3169. MINIMUM ACTIVE DUTY REQUIREMENT

3170. 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 06/00/02

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 Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK02

3171. 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 06/00/02

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 Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK03

3172. 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 06/00/02

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 Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK09

3173. TIME LIMITS, EXTENSIONS, AND COMPUTATION OF TIME LIMITS

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 12/00/01

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:

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 06/00/02

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 Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK17

3174. FINALITY OF DECISIONS

3175. 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 10/23/01 66 FR 53565

NPRM Comment Period End 12/24/01
Final Action 04/00/02

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 Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK18

3176. 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 06/00/02

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 06/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

John Bisset Jr., Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK20

3177. 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 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Charles A. Graffam, Consultant, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7410

RIN:

2900-AK21

3178. 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 06/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK22

3179. RENOUNCEMENT OF BENEFITS

3180. 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 09/24/01 66 FR 48845

NPRM Comment Period End 11/23/01
Final Action 04/00/02

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 Benefit Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7210

RIN:

2900-AK23