B-105303, SEP. 3, 1959

B-105303, SEP. 3, 1959

TO THE HONORABLE SUMNER G. WHITTIER, ADMINISTRATOR, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1959, TRANSMITTING PROPOSED CHANGES IN SECTIONS 12150 THROUGH 12309 OF VETERANS ADMINISTRATION REGULATIONS (38 C.F.R. 21.2150-21.2309) RELATING TO THE PAYMENT OF EDUCATION AND TRAINING ALLOWANCES TO KOREAN CONFLICT VETERANS UNDER CHAPTER 33, TITLE 38 OF THE U.S.C.

IT IS INDICATED IN THE ACCOMPANYING STATEMENT THAT THE REVISIONS HAVE BECOME NECESSARY AS A RESULT OF THE RECENT CODIFICATION OF ALL LAWS ADMINISTERED BY THE VETERANS ADMINISTRATION. THEY INCLUDE RESTATEMENT FOR SIMPLIFICATION AND CLARIFICATION, THE INCORPORATION OF MATERIAL OF REGULATORY CHARACTER PUBLISHED IN VETERANS ADMINISTRATION INFORMATION BULLETINS, AND PROVISIONS TO EFFECT NEW POLICIES AND SUBSTANTIVE CHANGES MADE IN THE LAW.

UNDER THE PROVISIONS OF SECTION 12208 ENTITLED "DISAPPROVAL OF COURSES AND DISCONTINUANCE OF ALLOWANCES UNDER CHAPTER 33, TITLE 38, U.S. CODE," PROVISION IS MADE FOR THE COMMITTEE ON EDUCATIONAL ALLOWANCES, SUBSECTION (D) (3), AND FOR FINAL ADMINISTRATIVE DECISION BY THE MANAGER BASED ON COMMITTEE RECOMMENDATIONS, SUBSECTIONS (D) (5) AND (6), SUBJECT TO REVIEW AND FINAL ADMINISTRATIVE DETERMINATION BY THE CENTRAL OFFICE EDUCATION AND TRAINING REVIEW PANEL OR THE CHIEF BENEFITS DIRECTOR PURSUANT TO SECTION 12209, SUBSECTIONS (D) (10) AND (11). SUBSECTION (D) (13) OF SECTION 12208 PROVIDES THAT MATTERS INVOLVING ADJUSTMENT AND PAYMENT OF TRAINING ALLOWANCES TO INDIVIDUAL VETERANS ARE THE RESPONSIBILITY OF THE AUTHORIZING OFFICER AND THAT ANY APPEAL ARISING OUT OF SUCH AN ADJUSTMENT, IF TIMELY FILED, IS FOR CONSIDERATION BY THE BOARD OF VETERANS APPEALS RATHER THAN THE COMMITTEE ON EDUCATIONAL ALLOWANCES. SECTION 12309, ENTITLED ,APPEALS," PROVIDES THAT THE VETERAN HAS A RIGHT TO APPEAL TO THE ADMINISTRATOR OF VETERANS AFFAIRS FROM ANY DETERMINATION MADE UNDER CHAPTER 33; THAT THE NOTICE OF ANY DETERMINATION ADVERSE TO THE VETERAN'S INTEREST SHALL INCLUDE INFORMATION ABOUT HIS RIGHT OF APPEAL; AND THAT REGULATIONS ON APPEALS FROM DETERMINATIONS MADE BY THE VOCATIONAL REHABILITATION AND EDUCATION ACTIVITY ARE PUBLISHED IN "VA REGULATIONS 10000 SERIES" (38 C.F.R., PART 21), REFERENCE BEING MADE ALSO TO "VA REGULATIONS 9800 SERIES" (38 C.F.R., PART 19).

VETERANS ADMINISTRATION REGULATIONS 10000 SERIES COVER VOCATIONAL REHABILITATION AND EDUCATION UNDER THE VARIOUS ACTS PROVIDING EDUCATION AND TRAINING OF VETERANS, PUBLIC LAWS 78-16, 78-346 AND 81-894 AS WELL AS THE KOREAN CONFLICT VETERANS ACT OF 1952, AND THE WAR ORPHANS' ASSISTANCE ACT OF 1956. APPARENTLY ONLY THREE SECTIONS OF PART 21 OF THE REGULATIONS (38 C.F.R. 21.0 THROUGH 21.2) RELATE TO APPEALS.

THE 9800 SERIES OF THE REGULATIONS PROVIDE FOR THE BOARD OF VETERANS APPEALS WITH JURISDICTION TO RENDER FINAL DECISIONS "IN ACCORDANCE WITH PART II, VETERANS REGULATION (2) (A) (38 U.S.C., CH. 12A).' THE BOARD AND ITS FUNCTIONS ARE NOW COVERED BY CHAPTER 71, TITLE 38 OF THE U.S. CODE, SECTIONS 4001-4008.

IN VIEW OF THE PROVISIONS OF SECTIONS 1661 AND 1761 OF CHAPTERS 33 AND 35, TITLE 38 OF THE U.S. CODE, WHICH PROVIDE THAT PAYMENTS UNDER THESE CHAPTERS "SHALL BE SUBJECT TO AUDIT AND REVIEW BY THE GENERAL ACCOUNTING OFFICE, AS PROVIDED BY THE BUDGET AND ACCOUNTING ACT OF 1921 AND THE BUDGET AND ACCOUNTING PROCEDURES ACT OF 1950," AND IN THE ABSENCE OF ANY PROVISIONS IN THE REGULATIONS WITH RESPECT THERETO, IT IS BELIEVED THAT THE REGULATIONS SHOULD BE CLARIFIED SO AS TO IMPLEMENT THESE PROVISIONS OF THE LAW.