Appeals Regulations, Rules of Practice: Hearings Before the Board of Veterans' Appeals at Department of Veterans Affairs Field Facilities

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 19 and 20

RIN 2900-AI11

Appeals Regulations, Rules of Practice: Hearings Before the Board

of Veterans' Appeals at Department of Veterans Affairs Field Facilities

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Appeals Regulations for the Board of

Veterans' Appeals (Board) to shorten from 60 days to 30 days the

minimum notice the Department of Veterans Affairs (VA) must give an

appellant of the date and place of a hearing before the Board at a VA

field facility. This change will help reduce the number of ``no shows''

at field hearings.

This document also amends the Board's Rules of Practice to change,

from the initiation of an appeal to the perfection of the appeal, the

event beginning the period during which an appellant may request a

hearing before the Board at a VA field facility. This change would

reduce the number of hearings scheduled for appellants who never

perfect their appeals.

The Board adjudicates appeals of denials of claims for veterans'

benefits.

EFFECTIVE DATE: August 20, 1996.

FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Chief Counsel, Board

of Veterans' Appeals, Department of Veterans Affairs, 810 Vermont

Avenue, NW., Washington, DC 20420 (202-565-5978).

SUPPLEMENTARY INFORMATION: Former 38 CFR 19.76 generally required VA to

notify an appellant and his or her representative of the time and place

of a hearing before the Board at a VA field facility at least 60 days

before the hearing. The Board has consistently experienced a high rate

of ``no shows'' at such hearings--sometimes as high as 60 percent--

which we believe is due, at least in part, to the relatively long time

between notice of the hearing and the hearing. VA believes that 30

days' notice to appellants and their representatives is sufficient and

may help reduce the rate of ``no shows'' at field hearings. We have

therefore changed Sec. 19.76 accordingly.

Former 38 CFR 20.703 permitted an appellant to request a hearing

before the Board at a VA field facility any time after filing a notice

of disagreement, which initiates an appeal to the Board. A substantive

appeal (VA Form 9) must be filed to perfect an appeal. 38 CFR 20.200.

Historically, fewer than 65% of VA claimants who initiated an appeal

perfected it. By allowing an appellant to request a hearing before

perfecting the appeal, VA expended resources scheduling hearings for

appellants who never perfected their appeals. We therefore have changed

Sec. 20.703 to permit an appellant to request a hearing before the

Board at a field facility only when or after filing a substantive

appeal.

This final rule concerns agency procedure or practice and,

consequently, pursuant to 5 U.S.C. 553, is exempt from notice and

comment requirements.

The Secretary hereby certifies that this final rule will not have a

significant economic impact on a substantial number of small entities

as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-

612. This rule will affect VA beneficiaries and will not affect small

businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is

exempt from the initial and final regulatory flexibility analyses

requirements of sections 603 and 604.

List of Subjects

38 CFR Part 19

Administrative practice and procedure, Claims, Veterans.

38 CFR Part 20

Administrative practice and procedure, Claims, Lawyers, Legal

services, Veterans.

Approved: June 28, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the preamble, 38 CFR parts 19 and 20 are

amended as set forth below:

PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS

1. The authority citation for part 19 continues to read as follows:

Authority: 38 U.S.C. 501(a).

Subpart D--Hearings Before the Board of Veterans' Appeals at

Department of Veterans Affairs Field Facilities

Sec. 19.76 [Amended]

2. Section 19.76 is amended by removing ``60 days'' each time it

appears and adding, in its place, ``30 days''.

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

3. The authority citation for part 20 continues to read as follows:

Authority: 38 U.S.C. 501(a).

[[Page 43009]]

Subpart H--Hearings on Appeal

4. Section 20.703 is revised to read as follows:

Sec. 20.703 Rule 703. When a hearing before the Board of Veterans'

Appeals at a Department of Veterans Affairs field facility may be

requested.

An appellant, or an appellant's representative, may request a

hearing before the Board of Veterans' Appeals at a Department of

Veterans Affairs field facility when submitting the substantive appeal

(VA Form 9) or anytime thereafter, subject to the restrictions in Rule

1304 (Sec. 20.1304 of this part). Requests for such hearings before a

substantive appeal has been filed will be rejected.

(Authority: 38 U.S.C. 7105(a), 7107)

[FR Doc. 96-21125 Filed 8-19-96; 8:45 am]

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