Va Fl 06-24

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NOTE:

VA Fast Letter 06-24.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

November 14, 2006

Director (00/21)

All VA Regional Offices

In Reply Refer To: 211

Fast Letter 06-24

SUBJ: Withdrawal of Office of General Counsel Precedent Opinion (VAOPGCPREC) 6-93 in Part and VAOPGCPREC 12-94 in Full.

Background

VAOPGCPREC 6-93 is withdrawn in part and VAOPGCPREC 12-94 is withdrawn in full.

VAOPGCPREC 6-93 held in part that an award of accrued benefits under 38 USC § 5121(A) may be based on logical inferences from information in the file at the date of the beneficiary's death. VAOPGCPREC 12-94 clarified VAOPGCPREC 6-93 by holding that medical expenses routinely reported and expected could form the basis for a determination that evidence in the file at the date of the veteran's death permitted prospective estimation of medical expenses for accrued benefits purposes. Further, OGC found that such expenses could form the basis of an accrued claim even if the expenses had not been recorded as recurring for purposes of calculating current monthly payment.