[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8342-8343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03084]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Department of Veterans Affairs' Tribal Representation Expansion
Project
AGENCY: Department of Veterans Affairs.
ACTION: Notice of Tribal consultation.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is seeking Tribal
consultation on ``The Tribal Representation Expansion Project (T.
REP)'', a project through which VA strives to ensure that Native
American Veterans have access to responsible, qualified representation
in the preparation, presentation, and prosecution of their benefit
claims before VA. VA is seeking comments on whether Tribal communities
currently have access to representation for VA benefit claims and, for
those Tribes that are being underserved in terms of representation,
whether the Tribal governments may be interested in collaborating with
VA to designate an individual within the community as authorized to
prepare, present, and prosecute VA benefit claims. In addition, VA is
seeking comments and recommendations on any issues, concerns, or
processes the Tribes believe should be addressed in T. REP to better
ensure that the project is successful in helping to expand access to
representation for Native American Veterans on their benefit claims
before VA.
DATES: VA will hold the virtual tribal consultation session on March
23, 2022, from 3:00-5:00 p.m. (Eastern Time). Written comments may also
be submitted to VA on or before March 30, 2022.
ADDRESSES: Participants can access the virtual consultation session by
registering through the following link: https://veteransaffairs.webex.com/veteransaffairs/onstage/g.php?MTID=eaa07b769b5f8a27cfe390e0c732ee1eb; for audio by phone,
please dial 1-404-397-1596, access code 2760 198 8717. Participants
will interact by submitting written comments and/or questions using the
chat function during the presentation. Written comments may also be
submitted by any of the following methods:
[ssquf] By email to [email protected].
[ssquf] By facsimile to 202-273-5716.
[ssquf] By mail to U.S. Department of Veterans Affairs, Suite 915B,
810 Vermont Avenue NW, Washington, DC 20420.
Comments should indicate that the submission is in response to
``The Tribal Representation Expansion Project.''
FOR FURTHER INFORMATION CONTACT: Clay Ward, VA Office of Tribal
Government Relations at (202) 461-7445 (this is not a toll-free
number), or by email at [email protected], or by mail
at Suite 915B, 810 Vermont Avenue NW, Washington, DC 20420.
SUPPLEMENTARY INFORMATION: Through T. REP, VA strives to ensure that
Native American Veterans and their families have access to responsible,
qualified representation in the preparation, presentation, and
prosecution of their benefit claims before VA. Through T.REP, VA aims
to focus on the Tribal communities that are being underserved in terms
of representation. To help improve access to claims representation in
those communities, VA would like to collaborate with Tribal governments
to designate an individual within the community as authorized to
prepare, present, and prosecute VA benefit claims.
VA has long since recognized the unique circumstances of Tribes and
that cultural, geographical, or language barriers may exist that
prevent or deter Native American Veterans from seeking out
representation on their benefit claims before VA. In 2017, VA took
affirmative steps to improve access to representation on Tribal land by
revising its regulations to, among other things, permit veterans'
service offices affiliated with Tribal governments to be recognized by
VA as Tribal organizations in a manner similar to State organizations
(see 82 FR 6265 (Jan. 19, 2017)). VA, however, recognizes that there is
still more that VA can do to advance equity in the access to
representation for Native American Veterans on their VA benefit claims.
Accordingly, to further facilitate access to culturally competent
representation for Native American Veterans, and to honor the unique
nature of the Federal government's Nation-to-Nation relationship with
the Tribes, VA would like to collaborate with Tribal governments to
expand opportunities for claims representation where needed.
Through consultation, VA seeks to learn which Tribal communities
have access to representation for VA benefit claims. VA is interested
in learning which Tribal communities have access to representation that
is provided by representatives of VA-recognized organizations. VA is
also interested in learning which Tribal communities have access to
representation by attorneys and agents. Moreover, VA also seeks to
learn whether such representation is viewed in the Tribal community as
culturally competent representation.
In addition, from the Tribal communities that self-identify as
being underserved in terms of representation, VA seeks comments on
whether their Tribal governments may be interested in collaborating
with VA to provide an option for representation. Specifically, VA is
interested in learning if there are Tribes that may be interested in
identifying an individual who is affiliated with their government, is
of good character and reputation, and, who, after proper training on VA
benefits, would be fit to be authorized by the VA General Counsel to
represent on VA benefit claims. The General Counsel then plans to use
his discretionary authority, pursuant to 38 CFR 14.630, to specially
authorize such individuals to prepare, present, and prosecute VA
benefit claims before VA. In addition, to help ensure the fitness of
these specially authorized individuals, VA is exploring the possibility
of coordinating with VA-recognized organizations that have established
veterans benefits training programs and that may be willing to make
their training available to such individuals.
In addition, VA is seeking comments and recommendations from Tribal
leaders and representatives of Tribal communities on any issues,
concerns, or processes that should be addressed in T. REP to ensure
that the project is successful in expanding access to representation
for Native American Veterans on their VA benefit claims.
Accordingly, through this Tribal consultation, the Secretary seeks
information on the questions listed below. Comments do not need to
address every question and should focus on those that are relevant to
the commenter's Tribal community. To the extent possible, please
clearly indicate which questions you are addressing in your response
and include any rationale or information that may be helpful to VA.
1. Are Native American Veterans in your community receiving any
[[Page 8343]]
assistance in pursuing their VA benefit claims? Are they being
represented before VA on their VA benefit claims? Who is providing
those services? For example, those claims services may be provided by:
(a) A person employed by the Tribal government; (b) a member of your
Tribe or Tribal community; (c) a VA-recognized organization or a
representative of a VA-recognized organization; or (d) an agent or
attorney. Please provide details as to the extent of the assistance
provided and whom we may credit if your Tribal community currently has
access to benefit claims assistance and/or representation before VA.
2. If Veterans within your Tribal community have access to
representation for their VA benefit claims, do you consider the
option(s) for representation to be culturally competent representation?
Please explain.
3. If Veterans and their families within your Tribal community are
not being adequately represented on their VA benefit claims, is there
someone employed by, or affiliated, with your Tribal government that is
currently, or could be, positioned to serve Veterans? For example, such
individual may currently be serving Veterans and their families as a
Tribal Veterans Service Officer (TVSO) or as a Tribal Veterans
Representative (TVR).
4. Are there barriers to Veterans and their family members within
your Tribal community in accessing representation on their VA claims?
For example, barriers may include: (a) Location or environmental
obstacles; (b) language difficulties; (c) cultural differences; (d)
distrust of the Federal or State government; (e) difficulties in
finding training; (f) difficulties in securing office equipment and
internet services; or (g) other circumstances.
5. Do you believe that your Tribal government may want to
collaborate with VA to identify someone affiliated with your government
to be authorized to represent Veterans and their families on benefit
claims before VA?
6. Are you interested in being contacted by VA's Office of General
Counsel to learn more about the project?
7. Are there issues, concerns, or processes that should be
addressed in T. REP so that the project functions effectively in
support of access to representation for Native American Veterans within
your Tribal government and/or community? If so, how do you recommend VA
address those matters in this project?
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on February 8, 2022 and authorized the undersigned to sign and
submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
[FR Doc. 2022-03084 Filed 2-11-22; 8:45 am]
BILLING CODE 8320-01-P