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DEPARTMENT OF VETERANS AFFAIRS

Veterans Affairs Department

OMB ID: [OMB Control No. 2900-0085]

NOTICE: NOTICES

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY: Agency Information Collection (Appeal to Board of Veterans' Appeals) Activities Under OMB Review

DATES: Comments must be submitted on or before July 14, 2008.

DOCUMENT SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 35013521), 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; it includes the actual data collection instrument.

SUMMARY: Agency Information Collection Activities; Proposals, Submissions, and Approvals,


SUPPLEMENTAL INFORMATION

Titles:
a. Appeal to Board of Veterans' Appeals, VA Form 9.
b. Withdrawal of Services by a Representative.
c. Request for Changes in Hearing Date.
d. Motions for Reconsideration.

OMB Control Number: 29000085.

Type of Review: Revision of a currently approved collection.

Abstracts:
a. Appeal to Board of Veterans' Appeals, VA Form 9, may be used by appellants to complete their appeal to the Board of Veterans' Appeals (BVA) from a denial of VA benefits. The information is used by BVA to identify the issues in dispute and prepare a decision responsive to the appellant's contentions and the legal and factual issues raised. b. Withdrawal of Services by a Representative: When the appellant's representative withdraws from a case, both the appellant and the BVA must be informed so that the appellant's rights may be adequately protected and so that the BVA may meet its statutory obligations to provide notice to the current representative. c. Request for Changes in Hearing Date: VA provides hearings to appellants and their representatives, as required by basic Constitutional dueprocess and by Title 38 U.S.C. 7107(b). From time to time, hearing dates and/or times are changed, hearing requests withdrawn and new hearings requested after failure to appear at a scheduled hearing. The information is used to comply with the appellants' or their representatives' requests.
d. Motions for Reconsideration: Decisions by BVA are final unless the Chairman orders reconsideration of the decision either on the Chairman's initiative, or upon motion of a claimant. The Board Chairman, or his designee, uses the information provided in deciding whether reconsideration of a Board decision should be granted.

An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60day comment period soliciting comments on this collection of information was published on March 28, 2008, at pages 1674516746.

Affected Public: Individuals or households, Business or other for profit, and Not for profit institutions.

Estimated Total Annual Burden:
a. Appeal to Board of Veterans' Appeals, VA Form 945,850 hours. b. Withdrawal of Services by a Representative183 hours. c. Request for Changes in Hearing Date1,212 hours.
d. Motions for Reconsideration846 hours.

Estimated Average Burden per Respondent:
[[Page 33497]]
a. Appeal to Board of Veterans' Appeals, VA Form 91 hour. b. Withdrawal of Services by a Representative20 minutes. c. Request for Changes in Hearing Date15 minutes (hearing date change), 15 minutes (request to withdraw a hearing),1 hour (requests change a motion).
d. Motions for Reconsideration1 hour.

Frequency of Response: On occasion.

Estimated Total Number of Respondents:
a. Appeal to Board of Veterans' Appeals, VA Form 945,850. b. Withdrawal of Services by a Representative550.
c. Request for Changes in Hearing Date2,733.
d. Motions for Reconsideration846.

Dated: June 6, 2008.

By direction of the Secretary
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. E813242 Filed 61108; 8:45 am]
BILLING CODE 832001P

FOR FURTHER INFORMATION CONTACT Denise McLamb, Records Management Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 4617485, FAX (202) 2730443 or email denise.mclamb@mail.va.gov. Please refer to ``OMB Control No. 2900 0085.''


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