Board of Veterans Appeals: Appeals regulations and rules of practice— Continuation of representation following claimant's or appellant's death,

[Federal Register: June 19, 1998 (Volume 63, Number 118)]

[Rules and Regulations]

[Page 33579-33580]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr19jn98-25]

DEPARTMENT OF VETERANS AFFAIRS

Board of Veterans' Appeals

38 CFR Part 20

RIN 2900-AI87

Board of Veterans' Appeals: Rules of Practice--Continuation of Representation Following Death of a Claimant or Appellant

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the Rules of Practice of the Board of Veterans' Appeals (Board) to eliminate a rule which automatically assigns a deceased appellant's representative to the appellant's survivor. This change is necessary because of a court ruling which eliminates the need for such a provision.

DATES: Effective Date: July 20, 1998.

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: On October 23, 1997, VA published in the Federal Register (62 FR 55200) a proposed rule which would eliminate a provision in the Board's Rules of Practice--Rule 611 (38 CFR 20.611)-- permitting a deceased appellant's representative to continue to act with respect to any appeal pending upon the death of the appellant. We proposed this change because the U.S. Court of Veterans Appeals had ruled that, generally, a claim for benefits does not survive the death of the claimant. Smith (Irma) v. Brown, 10 Vet. App. 330 (1997).

The public was given 60 days to submit comments. VA received no comments.

Accordingly, based on the rationale set forth in the proposed rule document,

[[Page 33580]]

we are adopting without change the provisions of the proposed rule as a final rule.

The Secretary hereby certifies that this proposed 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 only the processing of claims by VA 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 Secs. 603 and 604. In addition, since no notice of proposed rule making is required in connection with the adoption of this final rule, no regulatory flexibility analysis is required under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

List of Subjects in 38 CFR Part 20

Administrative practice and procedure, Claims, Veterans.

Approved: April 6, 1998. Togo D. West, Jr., Acting Secretary.

For the reasons set out in the preamble, 38 CFR part 20 is amended as set forth below.

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

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

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

   Sec. 20.611 [Removed]

2. In subpart G, Sec. 20.611 is removed.

   [FR Doc. 98-16363Filed6-18-98; 8:45 am]

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