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VA | RIN: 2900-AP67 | Publication ID: Spring 2016 |
Title: ●Apportionments | |
Abstract:
The Department of Veteran Affairs (VA) proposes to amend its regulations to remove most of the apportionment provisions and stop apportioning most benefits. After reviewing the results of apportionment claims’ adjudication, VA has determined that most apportionments result in the Veteran or primary beneficiary receiving less benefits than Congress intended while providing little benefit to the apportionee. Apportionment claims often require an excessive amount of adjudication work hours, especially when an appeal is involved, to justify the reduced amount of benefit to the primary beneficiary, and the benefit paid to the apportionee. Additionally, VA’s determination of an apportionment amount frequently disturbs the state court’s determination of the allocation of resources where the Veteran or primary beneficiary has been ordered by a court to provide support for the apportionee. |
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Agency: Department of Veterans Affairs(VA) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 38 CFR 3.31 38 CFR 3.210 38 CFR 3.252 38 CFR 3.400 38 CFR 3.450 to 3.499 38 CFR 3.556 38 CFR 3.665 38 CFR 3.852 38 CFR 21.330 | |
Legal Authority: 38 U.S.C. 501(a) 38 U.S.C. 5307 38 U.S.C. 5313 38 U.S.C. 5502 38 U.S.C. 5503 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Stephanie Li Chief, Regulations Staff (211D), Loan Guaranty Service Department of Veterans Affairs Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420 Phone:202 461-9700 Email: stephanie.li@va.gov |