Justification for Emergency Review of SGLV 8600 and 8600A under PRA

WHITE PAPER – JUSTIFICATION
EMERGENCY SUBMISSION FOR OMB APPROVAL OF “TSGLI Application for
Benefits and TSGLI Appeal Request Form”
Forms SGLV 8600 and 8600A
December 22, 2022
By Electronic Submission
The Office of Management and Budget (OMB)
725 17th Street, NW
Washington, DC 20503
Dear OIRA Desk Officer:
VA Insurance Service requests emergency processing of two collections of information,
SGLV Form 8600 – Servicemembers’ Group Life Insurance Traumatic Injury Protection
(TSGLI) Application for Benefits and SGLV Form 8600A – TSGLI Appeal Request Form
by January 31, 2023.
Background
SGLV Forms
The Servicemembers’ Group Life Insurance Program (SGLI) is administered directly
by The Prudential Insurance Company of America under a group life insurance
contract purchased by the Secretary of Veterans Affairs in 1965. Since that time,
these forms have been developed and managed by Prudential as the primary insurer
of the program. They had not been subject to the Paperwork Reduction Act (PRA)
requirements based on an OMB memorandum to VA in the mid-1980s providing an
exemption.
However, based on a review of current laws and updates to the PRA, VA Office of
General Counsel, in consultation with OIRA, has recently informed VA Insurance
Service that SGLI Program forms are now subject to PRA collection requirements.
TSGLI Year-Ten Review
In January of 2018, VA published a report detailing recommendations to improve the
TSGLI Program, based on a three-year comprehensive review of the program initiated
at the program’s ten-year anniversary in 2015. This review proposed a range of
benefit enhancements as well as processing improvements designed to assist
claimant. Additionally, as part of this review, VA conducted a formal analysis of a
petition for rulemaking requested under 5 U.S.C. 553. The petition requested VA to
include explosive ordnance as a new exception to the exclusions for
illness/disease under TSGLI.

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Upon the conclusion of the Year-Ten Review, VA engaged in the rulemaking process,
publishing a proposed rule in August 2020 and a supplemental rulemaking in early
2021 for an additional comment period for VA’s response to the petition for
rulemaking. Upon conclusion of the supplemental rulemaking period in 2021, during
VA Office of General Counsel’s review of the final regulation in 2022, they indicated
that the information collections noted above need to be approved collections under the
PRA before the final regulation could be published.
Both collections are critical to the TSGLI Program. SGLV 8600, TSGLI Application for
Benefits, allows Service members and Veterans to submit claims for benefits to their
uniformed service for review and decision. SGLV 8600A, TSGLI Appeal Request
Form, allows Service members and Veterans to submit appeals of denials of TSGLI
benefits to their uniformed service for review and decision. The forms not only
operationalize the program but contain changes implementing the regulatory changes
explained above.
Emergency Processing Justification
VA’s request for emergency processing of both forms meets the criteria under 5 CFR
1320.13. Specifically, as explained above, without the forms being approved
collections, VA’s TSGLI Year-Ten Review final rulemaking cannot be published. The
benefit enhancements in this final rulemaking provides additional benefits ranging from
$25,000 to $50,000 to severely injured Service members and Veterans. Existing
estimates indicate over a thousand prior TSGLI claimants from 2001 to present may be
entitled to additional benefits and up to a few hundred new claimants each year will be
eligible for these additional benefits as well. Expediting the collection allows VA to
ensure new or additional payments to severely injured Service members and Veterans
are not delayed further.
Additionally, the rulemaking petitioner has filed suit against VA in federal court. The suit
is being held in abeyance pending final regulation publication. At a recent court status
hearing, the federal judge indicated that if the final regulation is not published by March
31, 2023, VA may be required to make an appearance before the district court judge to
explain why it has taken VA so long to publish the final regulation and respond to the
petitioner.
The use of normal clearance procedures would not only hinder the mission of the
agency in providing benefits to Service members and Veterans but would also result in
the agency missing a court imposed to deadline for action.

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If you have any questions, please contact Kristan Hoffman, Chief, Policy, Procedures
and Training at kristan.hoffman@va.gov.
Sincerely,
Digitally signed by

KAREN
KAREN NACCARELLI
2022.12.22
NACCARELLI Date:
10:37:10 -05'00'
Karen Naccarelli
Deputy Director, Insurance Service

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