Rule2021-22554
Certification of Evidence for Proof of Service
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 18, 2021
Effective
November 17, 2021
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) amends its adjudication regulations concerning the nature of evidence that VA will accept as proof of military service and character of discharge. In the past, VA only accepted original service documents, copies of service documents issued by the service department or by a public custodian of records, or photocopies of service documents if they were certified to be true copies of documents acceptable to VA by an accredited agent, attorney or service organization representative who had successfully completed VA-prescribed training on military records. This change allows VA to accept uncertified copies of service documents as evidence of military service if VA is satisfied that the documents are free from alteration. The intended effect of this amendment is to streamline and improve the timeliness of adjudication and claims processing for VA benefits--without compromising program integrity.
Full Text
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<title>Federal Register, Volume 86 Issue 198 (Monday, October 18, 2021)</title>
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[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57583-57584]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22554]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AR13
Certification of Evidence for Proof of Service
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) amends its
adjudication regulations concerning the nature of evidence that VA will
accept as proof of military service and character of discharge. In the
past, VA only accepted original service documents, copies of service
documents issued by the service department or by a public custodian of
records, or photocopies of service documents if they were certified to
be true copies of documents acceptable to VA by an accredited agent,
attorney or service organization representative who had successfully
completed VA-prescribed training on military records. This change
allows VA to accept uncertified copies of service documents as evidence
of military service if VA is satisfied that the documents are free from
alteration. The intended effect of this amendment is to streamline and
improve the timeliness of adjudication and claims processing for VA
benefits--without compromising program integrity.
DATES: This rule is effective November 17, 2021.
FOR FURTHER INFORMATION CONTACT: David Klusman, Lead Program Analyst,
Pension and Fiduciary Service (21PF), Veterans Benefits Administration,
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
20420, (202) 632-8863. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on April 1, 2021, at 86 FR 17098, VA proposed to amend its
adjudication regulations concerning the nature of evidence that VA will
accept as proof of military service and character of discharge. The 60-
day public comment period ended on June 1, 2021. VA received six
comments from interested individuals and organizations.
All six comments were supportive of the proposed rule; however, two
commentors additionally expressed concern about VA implementing an
accurate method of identifying alterations and other methods of VA
security along with this authorization with respect to utilizing
uncertified copies of service documents. Neither commenter recommended
revision to the proposed regulatory text based on this concern, and one
commenter stated that his concern about implementing an accurate method
of identifying alterations could be subsequently addressed in VA's M21-
1 Adjudication Procedures Manual.
VA appreciates the two commenters' concerns. VA notes that the
commenters do not suggest that the validity or advisability of the
regulation would depend on how VA chooses to address this concern.
Rather, the premise of the commenters' concern is that the proposed
rule should be put into effect, and the commenters are merely noting
this will create a downstream program integrity concern that VA will
have to manage. VA agrees and is in the process of developing
instructions for Veterans Benefits Administration (VBA) personnel
pertaining to this issue. VA views these concerns as capable of being
addressed at the subregulatory level, and does not make any changes to
the proposed regulatory text based on them. VA also notes that the
proposed regulatory text uses similar language already contained in 38
CFR 3.204 for determining if photocopies of documents necessary to
establish birth, death, marriage, or relationship under the provisions
of 38 CFR 3.205 through 3.215 are acceptable as evidence. And if VA is
not satisfied that the uncertified copy of a service document is free
from alteration and that the document is genuine and the information
contained
[[Page 57584]]
in it is accurate, VA will request the claimant or claimant's
representative submit a copy as defined below in 38 CFR 3.203(a)(1)(i)-
(iii) while simultaneously requesting verification of service from the
service department. VA has taken these concerns into consideration, but
makes no change to the final rule based on them.
One of the commenters also stated that there should be an extension
period to when Veterans can submit claims prior to discharge from
service if they start showing any signs of a mental ailment. VA's
rulemaking addresses the nature of evidence that VA will accept as
proof of military service and character of discharge; it does not
address the timing of filing claims or how early a claim may be filed.
Thus, this statement from the commenter is outside the scope of the
present rulemaking. However, VA notes that it currently administers the
Benefits Delivery at Discharge (BDD) program that allows Veterans to
submit disability compensation claims 90 to 180 days prior to their
anticipated separation date from active duty. VA makes no change to the
final rule based on the comment.
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 rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
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).
Regulatory Flexibility Act
The Secretary 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. The factual basis for this certification is that there are no
small entities involved with the process and/or benefits associated
with this rulemaking. 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 64.100, Automobiles and
Adaptive Equipment for Certain Disabled Veterans and Members of the
Armed Forces; 64.101, Burial Expenses Allowance for Veterans; 64.104,
Pension for Non-Service-Connected Disability for Veterans; 64.105,
Pension to Veterans Surviving Spouses, and Children; 64.106, Specially
Adapted Housing for Disabled Veterans; 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, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on October 8, 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. Revise Sec. 3.203(a)(1) to read as follows:
Sec. 3.203 Service records as evidence of service and character of
discharge.
(a) * * *
(1) The evidence is a document issued by the service department. A
copy of an original document is acceptable if:
(i) The copy was issued by the service department; or
(ii) The copy was issued by a public custodian of records who
certifies that it is a true and exact copy of the document in the
custodian's custody; or
(iii) The copy was submitted by an accredited agent, attorney or
service organization representative who has successfully completed VA-
prescribed training on military records, and who certifies that it is a
true and exact copy of either an original document or of a copy issued
by the service department or a public custodian of records; or
(iv) The Department of Veterans Affairs is satisfied that an
otherwise uncertified copy submitted by the claimant or by the
claimant's representative is free from alteration; and
* * * * *
[FR Doc. 2021-22554 Filed 10-15-21; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on October 18, 2021.
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