[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Rules and Regulations]
[Pages 15413-15414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05875]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AR12
New Evidence
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) amends the regulation
governing use of service department records as new evidence to remove
the words ``Joint Services Record Research Center.'' This change is
necessary because the U.S. Department of Army, Records Management and
Declassification Agency (RMDA) has realigned its records research
activities and the Joint Services Record Research Center (JSRRC) no
longer exists.
DATES: This final rule is effective March 23, 2021.
FOR FURTHER INFORMATION CONTACT: Robert Parks, Chief, Part 3
Regulations Staff (211D) Compensation Service (21C), Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420, (202) 461-9450. (This is not a toll-free
telephone number.)
SUPPLEMENTARY INFORMATION: The purpose of this amendment is make a
technical change to VA regulations, without substantive effect, by
removing reference to the Joint Services Records Research Center
(JSRRC) in title 38, Code of Federal Regulations (CFR), Sec.
3.156(c)(2). The U.S. Department of Army, Records Management and
Declassification Agency (RMDA) has realigned its records research
activities and the Joint Services Record Research Center (JSRRC) no
longer exisits. The JSRRC was a research office that provided support
to the Department of Veterans Affairs (VA), acting as an intermediary
to conduct multi-service research of official military unit records for
information that may verify an incident described by a veteran in a
claim for disability compensation. Although the JSRRC no longer exists,
the military unit records that were the subject of JSRRC research have
not been impacted. Those records remain in the custody of the U.S.
military and will be researched by VA as appropriate in the course of
adjudicating claims for VA benefits. This amendment does not impact
existing standards governing VA's duty to assist a claimant, under 38
U.S.C. 5103A, in obtaining evidence necessary to substantiate a claim.
Currently, 38 CFR 3.156(c) provides that VA will reconsider a
previously decided claim if VA receives or associates with the claims
file relevant official service department records that existed and had
not been associated with the claims file when VA first decided the
claim. Moreover, 38 CFR 3.156(c)(2) provides examples of service
department records that do not qualify, and references the situation
where the claimant had not provided, when VA decided the claim,
sufficient information for VA to identify and obtain the records from
``the respective service department, the Joint Services Records
Research Center, or from any other official source.'' This regulatory
change removes from that section the reference to the JSRRC because it
no longer exists. However, this change does not alter the essential
import of the provision, as the JSRRC was only listed as an example of
an official source from which VA could have obtained the records. The
essential standard remains that nonqualifying records include those
where the claimant had not provided sufficient information for VA to
identify and obtain the records from ``any official source.'' Where the
JSRRC existed at the time that VA decided the claim, the JSRRC would,
in general, continue to qualify as an ``official source'' at that time
for purposes of Sec. 3.156(c)(2). For claims adjudicated after the
JSRRC ceased to exist, the military records themselves previously
researched by the JSRRC remain available for research by VA as an
official source of records, as indicated above.
Administrative Procedure Act
VA finds that there is good cause under the provisions of 5 U.S.C.
553(b)(B) and (d) to publish this final rule without prior opportunity
for public comment and with immediate effect. Namely, the removal of
reference to JSRRC is minor, does not impact the applicable standard,
aligns the regulation with an organizational change within the military
that is outside of VA's control, and does not involve VA's exercise of
policy-making discretion. Continuing to reference a non-existent
research entity in the regulation would create the potential for
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public confusion and an adverse impact on associated records requests.
VA therefore for good cause finds that notice and public procedure for
this minor, technical update is unnecessary under 5 U.S.C. 553(b)(B).
For the same reasons, VA concludes there is good cause not to delay the
effective date of the final rule under 5 U.S.C. 553(d)(3).
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Information and Regulatory Affairs has determined that
this final rule is not a significant regulatory action under Executive
Order 12866.
VA's impact analysis can be found as a supporting document at
http://www.regulations.gov, usually within 48 hours after the
rulemaking document is published. Additionally, a copy of the
rulemaking and its Regulatory Impact Analysis (RIA) are available on
VA's website at http://www.va.gov/orpm/, by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule would 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). The certification is based on the fact that the technical changes
made by this rule do not affect entitlement to VA disability
compensation, and in any event there is no impact on small entities or
businesses. Therefore, pursuant to 5 U.S.C. 605(b), the initial and
final regulatory flexibility analysis requirements of 5 U.S.C. 603 and
604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule would have no such effect
on State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.105, Pension to Veterans,
Surviving Spouses, and Children; 64.109, Veterans Compensation for
Service-Connected Disability; and 64.110, Veterans Dependency and
Indemnity Compensation for Service-Connected Death.
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not a major rule, as defined by 5 U.S.C.
804(2).
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on March 11, 2021 and authorized the undersigned to sign and
submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 3 as set forth below:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A, continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Amend Sec. 3.156 by revising paragraph (c)(2) to read as follows:
Sec. 3.156 New evidence.
* * * * *
(c) * * *
(2) Paragraph (c)(1) of this section does not apply to records that
VA could not have obtained when it decided the claim because the
records did not exist when VA decided the claim, or because the
claimant failed to provide sufficient information for VA to identify
and obtain the records from the respective service department or from
any other official source.
* * * * *
[FR Doc. 2021-05875 Filed 3-22-21; 8:45 am]
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