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VA

RIN: 2900-AK91

Publication ID: Spring 2002

Title: Board of Veterans' Appeals: Obtaining Evidence and Curing Procedural Defects Without Remanding
Abstract: These changes will permit the Board of Veterans' Appeals to obtain evidence, clarify the evidence, cure a procedural defect, or perform any other action essential for a proper appellate decision in any appeal properly before it without having to remand the appeal to the agency of original jurisdiction. This will also allow the Board to consider additional evidence without having to refer the evidence to the agency of original jurisdiction for initial consideration and without having to obtain the appellant's waiver. By reducing the number of appeals remanded, VA intends to shorten appeal processing time and to reduce the backlog of claims awaiting decision.
Agency: Department of Veterans Affairs(VA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 38 CFR 19.31 38 CFR 20.903 38 CFR 20.1304
Legal Authority: 38 USC 501(a) 38 USC 7102 38 USC 7103(c) 38 USC 7104(a) 38 USC 7105(d) 38 USC 7109(c) ...

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/06/2001	66 FR 40942
NPRM Comment Period End	09/05/2001	66 FR 40942
Final Action	01/23/2002	67 FR 3099
Final Action Effective	03/25/2002	67 FR 3099

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Steven L. Keller Senior Deputy Vice Chairman Department of Veterans Affairs Board of Veterans Appeals, 810 Vermont Avenue NW, Washington, DC 20420 Phone:202 461-8078 Email: steve.keller@va.gov