Rules and Regulations. Withdrawal of proposed rule

Agency: Department of Veterans Affairs
Action: Withdrawal of proposed rule
Citation: 70 FR (No. 246) · FR Doc. 05-24435 · RIN 2900-AH21 · RIN 2900-AM29 · 38 CFR 3, 4

Summary

In a document published in the Federal Register at 66 FR 49886 on October 1, 2001, the Department of Veterans Affairs (VA) proposed to amend those portions of its adjudication regulations and its Schedule for Rating Disabilities dealing with the issue of total disability ratings based on inability of the individual to engage in substantially gainful employment in claims for service-connected compensation or non-service-connected pension. This document withdraws that proposed rule.

Dates

The proposed rule is withdrawn as of December 23, 2005.

Supplementary Information

The purpose of VA's notice of proposed rulemaking was to clarify the procedures and substantive standards for determining whether a veteran's disabilities, although they do not meet the schedular requirements for a total disability rating, nonetheless prevent him or her from engaging in substantially gainful employment. The intended effect of the rulemaking was to ensure consistency of decisions concerning claims for total disability ratings based upon individual unemployability. VA has carefully considered the issues relating to the payment of benefits under the proposed rule and determined that it does not accomplish the stated purpose or intended effect. Accordingly, VA is withdrawing the proposal and is developing a new proposal, which it intends to publish at a later date. Approved: December 14, 2005. R. James Nicholson, Secretary of Veterans Affairs. [FR Doc. E5-7758 Filed 12-22-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 14 RIN 2900-AM29 Accreditation of Service Organization Representatives and Agents AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its regulations governing accreditation of representatives of claimants for veterans' benefits. These proposed changes would require that recognized organizations periodically recertify the qualifications of accredited representatives, and require that VA is notified when a recognized organization requests cancellation of a representative's accreditation based upon misconduct or lack of competence, or if a representative resigns to avoid cancellation of accreditation for misconduct or lack of competence. The proposed changes would also require that accredited claims agents periodically reestablish their good character and reputation and qualifications to assist claimants for VA benefits. We would also clarify that the authority to cancel accreditation includes the authority to suspend accreditation for a period of time. The purpose of these proposed changes is to ensure that claimants for veterans' benefits have responsible, qualified representation in the preparation, presentation, and prosecution of claims. DATES: Comments must be received on or before February 21, 2006.