Notice: Legal Interpretations General Counsel Precedent Opinions: Veterans&rsquo Benefits Under VA Administered Laws Summary
Notice: Legal Interpretations General Counsel Precedent Opinions: Veterans&rsquo Benefits Under VA Administered Laws Summary
Notice: Legal Interpretations General Counsel Precedent Opinions: Veterans&rsquo Benefits Under VA Administered Laws Summary
exceptions to the lending limits for 1– legal interpretations issued by the of the veteran’s claim? What actions
4 family residential real estate loans and Department’s General Counsel involving should or may VA take?
loans to small businesses. The veterans’ benefits under laws D. If a veteran with a pending claim
exceptions benefit national banks, administered by VA. These returns to active duty and dies while on
purchasers of real estate, and small interpretations are considered active duty, what is the effect of the
businesses. This information collection precedential by VA and will be followed pending claim on a subsequent claim for
requires national banks that want to take by VA officials and employees in future accrued benefits?
advantage of the exceptions to apply to claim matters. The summary is Held
OCC and receive approval before using published to provide the public, and, in
the exceptions. The OCC needs the particular, veterans’ benefits claimants A. A veteran’s return to active duty
information to evaluate whether a bank and their representatives, with notice of while his or her claim for benefits from
is eligible to use the exceptions and to VA’s interpretation regarding the legal the Department of Veterans Affairs (VA)
insure that the bank’s safety and matter at issue. is pending does not alter the rights and
soundness will not be jeopardized. FOR FURTHER INFORMATION CONTACT:
duties of the claimant and VA under
Affected Public: Businesses or other Susan P. Sokoll, Law Librarian, any statute or regulation with respect to
for-profit. Department of Veterans Affairs, 810 the development and adjudication of the
Burden Estimates: Vermont Avenue, NW. (026H), claim or the status of the claim within
Estimated Number of Respondents: the meaning of any statute or regulation.
Washington, DC 20420, (202) 273–6558.
1,820. VA should process the claims of such
SUPPLEMENTARY INFORMATION: VA
Estimated Number of Responses: veterans in the same fashion as it would
regulations at 38 CFR 2.6(e)(8) and had the veterans not returned to active
1,820. 14.507 authorize the Department’s
Estimated Annual Burden: 47,320 duty. If a veteran’s return to active duty
General Counsel to issue written legal temporarily prevents VA from providing
hours.
opinions having precedential effect in a necessary medical examination or
Frequency of Response: On occasion.
Comments: Comments submitted in adjudications and appeals involving taking other action necessary to a proper
response to this notice will be veterans’ benefits under laws decision on the claim, VA may suspend
summarized and included in the request administered by VA. The General or defer action on the claim until the
for OMB approval. All comments will Counsel’s interpretations on legal necessary actions can be accomplished.
become a matter of public record. matters, contained in such opinions, are VA may not deny a claim solely because
Comments are invited on: conclusive as to all VA officials and the veteran has returned to active duty
(a) Whether the collection is employees not only in the matter at or solely because the veteran is
necessary for the proper performance of issue but also in future adjudications temporarily unavailable for a necessary
the functions of the agency, including and appeals, in the absence of a change examination due to his or her return to
whether the information has practical in controlling statute or regulation or a active duty.
utility; superseding written legal opinion of the B. When a veteran’s claim has been
(b) The accuracy of the agency’s General Counsel. remanded to a regional office for an
estimate of the burden of the collection VA publishes summaries of such examination and the veteran is not
of information; opinions in order to provide the public available for the examination because of
(c) Ways to enhance the quality, with notice of those interpretations of the veteran’s return to active duty, VA
utility, and clarity of the information to the General Counsel that must be may defer action on the claim until the
be collected; followed in future benefit matters and to required examination can be conducted.
(d) Ways to minimize the burden of assist veterans’ benefits claimants and VA may not deny the claim solely
the collection on respondents, including their representatives in the prosecution because the veteran is temporarily
through the use of automated collection of benefit claims. The full text of such unavailable for examination due to his
techniques or other forms of information opinions, with personal identifiers or her return to active duty. The
technology; and deleted, may be obtained by contacting veteran’s return to active duty does not
(e) Estimates of capital or startup costs the VA official named above or by alter the status of the veteran’s claim
and costs of operation, maintenance, accessing the opinions on the internet at within the meaning of any statute or
and purchase of services to provide http://www1.va.gov/OGC/. regulation.
information. VAOPGCPREC 10–2004 C. When a veteran has a pending
Dated: February 1, 2007. claim and returns to active duty, but is
Questions Presented able to attend a VA examination while
Stuart Feldstein,
A. In general, what impact does a on active duty, VA should process the
Assistant Director, Legislative and Regulatory
veteran’s return to active duty have on claim in the same manner as it would
Activities Division.
a pending claim for benefits? What is if the veteran had not returned to active
[FR Doc. E7–1945 Filed 2–6–07; 8:45 am]
the status of the veteran’s claim? What duty. The veteran’s return to active duty
BILLING CODE 4810–33–P
actions should or may the Department does not alter the status of the veteran’s
of Veterans Affairs (VA) take? claim within the meaning of any statute
B. When a veteran’s claim has been or regulation.
DEPARTMENT OF VETERANS remanded to a regional office for an D. If a veteran with a pending claim
AFFAIRS examination and the veteran is not returns to active duty and dies on active
available for the examination because of duty before the claim is decided, the
Summary of Precedent Opinions of the pending claim may provide the basis for
the veteran’s return to active duty, what
General Counsel an award of accrued benefits to a
is the status of the veteran’s claim?
sroberts on PROD1PC70 with NOTICES
AGENCY: Department of Veterans Affairs. What actions should or may VA take? survivor under 38 U.S.C. 5121(a).
ACTION: Notice. C. When a veteran with a pending Accrued benefits consist only of
claim returns to active duty and is able amounts ‘‘due and unpaid’’ to the
SUMMARY: The Department of Veterans to attend a scheduled examination deceased beneficiary. Because 38 U.S.C.
Affairs (VA) is publishing a summary of while on active duty, what is the status 5304(c) prohibits VA from paying
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5802 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Notices
VAOPGCPREC 3–2006
U.S.C. 5313(a) and 1505(a) when a upon a veteran’s temporary (i.e., non-
veteran is given credit for time served permanent) inability to follow a Question Presented
prior to conviction or prior to substantially gainful occupation. Does former 38 CFR 4.71a, Diagnostic
sentencing for a felony, or, for purposes However, not every period of inability Code (DC) 5285 (2003), authorize a
of section 1505(a), a misdemeanor? to work will establish an inability to single 10-percent additional disability
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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Notices 5803
rating based on demonstrable deformity a private corporation pursuant to a opportunity to present evidence and be
of a vertebral body, or does DC 5285 contract with a State to provide heard, when terminating a total
permit multiple 10-percent additional correctional facilities for the State disability rating based on individual
ratings for multiple deformed vertebrae? incarceration in a ‘‘Federal, State, or unemployability if the termination
local penal institution’’ within the would result in reduction of
Held
meaning of 38 U.S.C. 5313? compensation payments currently being
Where residuals of vertebral fracture Held: made. However, if VA retroactively
are rated based on limited motion or Section 5313 of title 38, United States reinstates such a total disability rating
muscle spasm, former 38 CFR 4.71a, Code, limits the payment of
Diagnostic Code (DC) 5285 (2003), on the grounds of clear and
compensation to any person who is unmistakable error in the original
authorizes no more than a single 10- incarcerated in a Federal, State, or local
percent increase for demonstrable termination of the rating, section
penal institution for a period greater
deformity of a vertebral body or 3.105(e) does not apply to the
than 60 days for conviction of a felony.
vertebral bodies in the spinal segment Incarceration in a correctional facility determination of the duration of the
(cervical, dorsal, or lumbar) that is the owned and operated by a private reinstated rating because there would be
subject of the rating. Where spine corporation pursuant to a contract with no reduction in compensation payments
fracture residuals cause limited motion a State department of corrections currently being made.
to more than one spinal segment and DC responsible within a State for the Effective Date: January 17, 2007.
5285 permits separate ratings for each incarceration of convicted felons is
segment, DC 5285 authorizes a 10- incarceration in a State penal institution Withdrawal of Previously Published
percent increase to the rating assigned within the meaning of section 5313. Opinions of the General Counsel—
to each segment of the spine containing Effective Date: August 11, 2006. VAOPGCPREC 6–93 (In Part) &
at least one demonstrably deformed VAOPGCPREC 12–94 (In Full)
vertebral body. VAOPGCPREC 6–2006
Effective Date: June 23, 2006. We are withdrawing our opinion in
Question Presented
VAOPGCPREC 6–93 in part, and our
VAOPGCPREC 4–2006 You asked us whether the tax opinion in VAOPGCPREC 12–94 in its
Question Presented exemption provided by 38 U.S.C. entirety, due to a 2002 rulemaking
1970(g) to payments due or to become action that amended 38 CFR
1. Pursuant to Public Law 109–233, due under the Department of Veterans
may the Department of Veterans Affairs 3.1000(d)(4) and a related manual
Affairs Servicemembers’ Group Life provision. VAOPGCPREC 6–93 held in
(VA) provide Specially Adapted
Insurance (SGLI) program also applies part that an award of accrued benefits
Housing (SAH) assistance to active duty
to payments under Traumatic SGLI under 38 U.S.C. 5121(a) may be based
service members who are temporarily
(TSGLI).
residing in a home owned by a family on logical inferences from information
Held:
member? The tax exemption provided by 38 in the file at the date of the beneficiary’s
2. Does Public Law 109–233 change death. VAOPGCPREC 12–94 clarified
U.S.C. 1970(g) to payments due or to
the one-time usage of SAH grant this holding of VAOPGCPREC 6–93 by
become due under the Servicemembers’
benefits? stating that where a veteran had in the
Group Life Insurance program also
Held applies in the same manner to payments past supplied evidence of unreimbursed
due or to become due under the medical expenses that could be
1. Section 101 of Public Law 109–233
does not authorize VA to provide SAH traumatic injury protection provided by expected to be incurred in like manner
assistance authorized under 38 U.S.C. 38 U.S.C. 1980A. in succeeding years, such evidence
2102A to active duty service members Effective Date: November 25, 2006. could form the basis for a determination
who are temporarily residing in a home that evidence in the file at the date of
VAOPGCPREC 1–2007
owned by a family member. the veteran’s death permitted
2. Section 101 changes the one-time Question Presented prospective estimation of medical
usage limitation on SAH grants to allow Do the procedures required by 38 CFR expenses for accrued benefits purposes,
veterans to obtain up to three grants 3.105(e) apply where a total disability regardless of whether such expenses
under chapter 21, title 38, United States rating based on individual were deducted prospectively during the
Code, in an aggregate amount not to unemployability is reinstated for a veteran’s lifetime.
exceed $50,000 for veterans eligible limited period on the grounds of clear Effective Date: August 11, 2006.
under 38 U.S.C. 2101(a) and $10,000 and unmistakable error in the original
under 38 U.S.C. 2101(b). Dated: January 31, 2007.
termination of the rating?
Effective Date: August 3, 2006. Held: By direction of the Secretary.
VAOPGCPREC 5–2006 Section 3.105(e) of title 38, Code of Paul J. Hutter,
Federal Regulations, requires the Acting General Counsel.
Question Presented Department of Veterans Affairs (VA) to [FR Doc. E7–2031 Filed 2–6–07; 8:45 am]
Is incarceration in a correctional follow specified procedures, including BILLING CODE 8320–01–P
facility that is owned and operated by providing advance notice and an
sroberts on PROD1PC70 with NOTICES
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