[Federal Register: March 4, 2004 (Volume 69, Number 43)]
[Proposed Rules]
[Page 10185-10186]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr04-20]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 19 and 20
RIN 2900-AE78
Board of Veterans' Appeals: Appeals Regulations; Rules of
Practice
AGENCY: Department of Veterans Affairs.
ACTION: Withdrawal of proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) published a proposed
rule in the Federal Register on February 3, 1992 (57 FR 4131) to amend
its regulations regarding the Appeals Regulations and Rules of Practice
of the Board of Veterans' Appeals. The proposed rule and the comments
we received have been superseded by events. Accordingly, this document
hereby withdraws the proposed rule.
DATES: The proposed rule is withdrawn as of March 4, 2004.
FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice
Chairman, Board of Veterans' Appeals (012), Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 (202-565-5978).
SUPPLEMENTARY INFORMATION: In 1988, the Veterans' Judicial Review Act
(Pub. L. 100-687, Div. A) was signed into law. On August 18, 1989, VA
published a proposed rule in the Federal Register (54 FR 34334) to
revise the Appeals Regulations and Rules of Practice of the Board of
Veterans' Appeals (Board). The revisions were deemed necessary in order
to provide appellate procedures that conformed to the law and to inform
the public about those procedures.
Based on that proposed rule, on February 3, 1992, VA published in
the
[[Page 10186]]
Federal Register (57 FR 4088) final regulations that amended parts 14
and 19 and added a part 20 to title 38, Code of Federal Regulations. At
that time, VA also deemed necessary further additions and revisions to
some of the Board's Appeals Regulations and Rules of Practice. VA
therefore published on February 3, 1992, as a companion document in the
Federal Register (57 FR 4131) a proposed rule to clarify certain
regulations and, in some instances, provide revised regulations that
more accurately reflected the relevant statutory authority. VA is now
by this document withdrawing that proposed rule.
Subsequent to the publication of the February 3, 1992, proposed
rule, the Board of Veterans' Appeals Administrative Procedures
Improvement Act of 1994 (Public Law 103-271) was signed into law on
July 1, 1994. In addition, Public Law 105-111, concerning revision of
decisions based on clear and unmistakable error, was signed into law on
November 21, 1997. These laws significantly altered the appeals process
and organization of the Board. The structure of the Board was changed
to permit decisions to be made by individual members of the Board
rather than by 3-Member ``Sections.'' The Board's jurisdiction was also
expanded to include the review of its own decisions for clear and
unmistakable error. 38 U.S.C. 7111. Amendments to the Board's Appeals
Regulations and Rules of Practice were subsequently published that
rendered portions of the February 3, 1992, proposed rule obsolete.
VA believes that withdrawing the February 3, 1992, proposed rule
would be less confusing than attempting to sift out the superseded
provisions from the ones that could go forward. The Board will
reevaluate appropriate amendments to its Regulations and Rules of
Practice in light of the intervening changes.
Approved: December 30, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
[FR Doc. 04-4803 Filed 3-3-04; 8:45 am]
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