Notice2022-01677
Agency Information Collection Activity Under OMB Review: Notice of Disagreement: Appeal to the Board of Veterans' Appeals
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
January 28, 2022
Issuing agencies
Veterans Affairs Department
Abstract
In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Board of Veterans' Appeals (BVA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument.
Full Text
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4718-4719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01677]
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DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0674]
Agency Information Collection Activity Under OMB Review: Notice
of Disagreement: Appeal to the Board of Veterans' Appeals
AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995,
this notice announces that the Board of Veterans' Appeals (BVA),
Department of Veterans Affairs, will submit the collection of
information abstracted below to the Office of Management and Budget
(OMB) for review and comment. The PRA submission describes the nature
of the information collection and its expected cost and burden and it
includes the actual data collection instrument.
DATES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Refer to
``OMB Control No. 2900-0674.''
FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise
and Integration, Data Governance Analytics (008), 1717 H Street NW,
Washington, DC 20006, (202) 266-4688 or email <a href="/cdn-cgi/l/email-protection#2845495a414a4d4406495847465c4d685e49064f475e"><span class="__cf_email__" data-cfemail="96fbf7e4fff4f3fab8f7e6f9f8e2f3d6e0f7b8f1f9e0">[email protected]</span></a>.
Please refer to ``OMB Control No. 2900-0674'' in any correspondence.
SUPPLEMENTARY INFORMATION:
Authority: Public Law 115-55; 38 U.S.C. 5104B, 5108, 5701, 5901,
7103, 7104, 7105, 7107.
Title: Decision Review Request: Board Appeal (Notice of
Disagreement) and Appeal to the Board of Veterans' Appeals, VA Form
10182 and VA Form 9.
OMB Control Number: 2900-0674.
Type of Review: Revision of a currently approved collection.
Abstract: Appellate review of the denial of VA benefits may only be
initiated by the filing of a Notice of Disagreement with the Board. 38
U.S.C. 7105(a). VA Form 10182 Decision Review Request: Board Appeal
(Notice of Disagreement) is required to initiate Board review of an
appeal in the modernized review system as implemented by the Veterans
Appeals Improvement and Modernization Act of 2017 (AMA). The VA Form 9
Appeal to Board of Veterans' Appeals may be used to complete a legacy
appeal to the Board. The completed form becomes the ``substantive
appeal'' (or ``formal appeal''), which is required by the pre-AMA
version of 38 U.S.C. 7105(a) and (d)(3) to complete an appeal to the
Board. Additionally, the proposed information collections allow for
withdrawal of services by a representative, requests for changes in
hearing dates and methods under 38 U.S.C. 7107, and motions for
reconsideration pursuant to 38 U.S.C. 7103(a).
The Board is requesting to revise the currently approved OMB
Control No. 2900-0674 to include an updated VA Form 10182 Notice of
Disagreement. Proposed revisions to the VA Form 10182 Notice of
Disagreement include: (1) Removal of the requirement to provide a
social security number; (2) inclusion of checkboxes to indicate a
preferred method of hearing; (3) inclusion of a checkbox to indicate
whether the decision for which appeal is being sought was issued by the
Veterans Health Administration (VHA); (4) provision of a list of
examples of common issues a claimant may disagree with including
service connection, disability evaluation, or and effective date of
award; (5) inclusion of a checkbox to request an extension of the
deadline to file a Notice of Disagreement; (6) removal of the checkbox
used to indicate whether the Notice of Disagreement has been filed in
response to a Statement of the Case or Supplemental Statement of the
Case issued under the legacy appeals process; (7) replacement of the
checkbox for indicating the claimant ``is homeless'' to indicate
whether the claimant is ``experiencing homelessness''; (8) a clarified
description of the window of time within which to submit evidence on
the Evidence Submission docket; and (9) adding a subpart to Part III
for issues the appellant wishes to include in the VA Form 10182 that
need to be listed on additional sheets. Proposed revisions also include
updated instructions for completing the Notice of Disagreement.
There is a decrease in the respondent burden because the associated
control number originally included the nonstandard legacy Notice of
Disagreement. Consistent with the wind-down of legacy appeals following
implementation of the AMA, the Board is not seeking renewal of the
nonstandard legacy Notice of Disagreement under this control number.
An agency may not conduct or sponsor, and a person is not required
to
[[Page 4719]]
respond to a collection of information, unless it displays a currently
valid OMB control number. The Federal Register Notice with a 60-day
comment period soliciting comments on this collection of information
was published at 86 FR 217 on November 15, 2021, pages 63107 and 63108.
Affected Public: Individuals and households.
Estimated Annual Burden: 64,805 hours.
Estimated Average Burden per Respondent: 37 minutes.
Frequency of Response: Once.
Estimated Number of Respondents: 126,000.
By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration, Data
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2022-01677 Filed 1-27-22; 8:45 am]
BILLING CODE 8320-01-P
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