Laws and Regulations › Code of Federal Regulations › Title 38

• 1.9: (a) General. This section describes the official seal and distinguishing flag of the of the Departm...
• 1.10: (a) Eligibility for burial flags— (1) Persons eligible. A veteran of any war, of Mexican bor...
• 1.11: Pursuant to the provisions of 5 U.S.C. 5912 , a U.S. citizen employee of the Department of Veterans ...
• 1.15: (a) The Department of Veterans Affairs will evaluate all programs authorized under title 38 U.S.C. ...
• 1.17: (a) From time to time, the Secretary shall publish evaluations of scientific or medical studies rel...
• 1.18: (a) Purpose. The Secretary of Veterans Affairs will establish presumptions of service connection fo...
• 1.200: This subpart establishes a duty upon and sets forth the mechanism for VA employees to report informa...
• 1.201: All VA employees with knowledge or information about actual or possible violations of criminal law r...
• 1.203: Information about actual or possible violations of criminal laws related to VA programs, operations,...
• 1.204: Criminal matters involving felonies will also be immediately referred to the Office of Inspector Gen...
• 1.205: VA police and/or the OIG, whichever has primary responsibility within VA for investigation of the of...
• 1.218: (a) Authority and rules of conduct. Pursuant to 38 U.S.C. 901 , the following rules and regulations...
• 1.300: Sections 1.300 through 1.303 prescribe policies and procedures for establishing parking fees for the...
• 1.301: As used in §§ 1.300 through 1.303 of this title: (a) Secretary means the Secretary of V...
• 1.302: (a) The provisions of §§ 1.300 through 1.303 apply to VA medical facility parking facili...
• 1.303: (a) General. Parking spaces at VA medical facilities shall only be provided under the following con...
• 1.460: For purposes of §§ 1.460 through 1.499 of this part, the following definitions apply: Ag...
• 1.461: (a) General— (1) Restrictions on disclosure. The restrictions on disclosure in these regulat...
• 1.462: (a) General. The patient records to which §§ 1.460 through 1.499 of this part apply may ...
• 1.463: Under 38 U.S.C. 7332(g) , any person who violates any provision of this statute or §§ 1.4...
• 1.464: (a) Definition of minor. As used in §§ 1.460 through 1.499 of this part the term “...
• 1.465: (a) Incompetent patients other than minors. In the case of a patient who has been adjudicated as la...
• 1.466: (a) Written records which are subject to §§ 1.460 through 1.499 of this part must be mai...
• 1.467: (a) No facility may require any patient to carry on their person while away from the facility premi...
• 1.468: (a) Research privilege description. There may be concurrent coverage of patient identifying informa...
• 1.469: (a) Patient access not prohibited. Sections 1.460 through 1.499 of this part do not prohibit a faci...
• 1.475: (a) Required elements. A written consent to a disclosure under §§ 1.460 through 1.499 of...
• 1.476: Each disclosure under §§ 1.460 through 1.499 of this part made with the patient's written...
• 1.477: If a patient consents to a disclosure of his or her records under § 1.475 of this part, a faci...
• 1.478: (a) Definitions. For purposes of this section: (1) Central registry means an organization which ...
• 1.479: (a) VA may disclose information about a patient from records covered by §§ 1.460 through...
• 1.485: (a) General rule. Under the procedures required by paragraph (c) of this section, patient identifyi...
• 1.485a: A VHA health care facility may disclose the individually-identified medical record information of an...
• 1.486: (a) In the case of any record which is maintained in connection with the performance of any program...
• 1.487: (a) Subject to paragraph (b) of this section, a physician or a professional counselor may disclose ...
• 1.488: Subject to the provisions of 38 U.S.C. 5701 , 38 CFR 1.500-1 .527, the Privacy Act ( 5 U.S.C. 552a ...
• 1.489: Subject to the provisions of 38 U.S.C. 5701 , 38 CFR 1.500-1 .527, the Privacy Act ( 5 U.S.C. 552a ...
• 1.490: The records to which §§ 1.460 through 1.499 of this part apply may be disclosed if author...
• 1.491: (a) A court order under §§ 1.490 through 1.499 of this part may authorize disclosure of ...
• 1.492: A court order under §§ 1.460 through 1.499 of this part may not authorize qualified perso...
• 1.493: (a) Application. An order authorizing the disclosure of patient records covered by §§ 1....
• 1.494: (a) Application. An order authorizing the disclosure or use of patient records covered by §&#...
• 1.495: (a) Application. (1) An order authorizing the disclosure or use of patient records covered by ...
• 1.496: (a) Application. A court order authorizing the placement of an undercover agent or informant in a ...
• 1.500: (a) Files, records, reports, and other papers and documents pertaining to any claim filed with the ...
• 1.501: The Secretary of Veterans Affairs or the Deputy Secretary may release information, statistics, or re...
• 1.502: The monthly rate of pension, compensation, dependency and indemnity compensation, retirement pay, su...
• 1.503: Information may be disclosed to a veteran or his or her duly authorized representative as to matters...
• 1.504: Information may be disclosed to a widow, widower, child, or other dependent parent or other claimant...
• 1.505: Information of a genealogical nature when its disclosure will not be detrimental to the memory of th...
• 1.506: (a) All records or documents required for official purposes by any department or other agency of th...
• 1.507: Members of Congress shall be furnished in their official capacity in any case such information conta...
• 1.508: (a) Where incompetent claimants are charged with, or convicted of, offenses other than those growin...
• 1.509: The Under Secretary for Benefits, Veterans Benefits Administration, Regional Counsels, and facility ...
• 1.510: Copies of records from the files of the Department of Veterans Affairs will, in the event of litigat...
• 1.511: (a) (1) Where a suit (or legal proceeding) has been threatened or instituted against the Government...
• 1.512: (a) The disclosure of records or information contained in loan guaranty files is governed by the Fr...
• 1.513: (a) Service records. Information received by the Department of Veterans Affairs from the Department...
• 1.514: (a) When a beneficiary elects to obtain medical attention as a private patient from a private pract...
• 1.514a: When a beneficiary elects to obtain therapy or analysis as a private patient from a private psycholo...
• 1.514b: A VHA health care facility may disclose the name and home address of an “individual” a...
• 1.515: When a request is received in a Department of Veterans Affairs regional office, center, or medical c...
• 1.516: When an undertaker requests information believed to be necessary in connection with the burial of a ...
• 1.517: Requests from educational institutions and agencies cooperating with the Department of Veterans Affa...
• 1.518: (a) It is the general policy of the Department of Veterans Affairs to refuse to furnish addresses f...
• 1.519: (a) Any organization wanting a list of names and addresses of present or former personnel of the ar...
• 1.520: Persons having access to social data will be conscious of the fact that the family, acquaintances, a...
• 1.521: Information received from the Social Security Administration may be filed in the veteran's claims fo...
• 1.522: Determination of the question when disclosure of information from the files, records, and reports wi...
• 1.524: A duly authorized representative will be: (a) Any person authorized in writing by the claimant to ...
• 1.525: (a) (1) The accredited representatives of recognized organizations ( § 14.627 of this chapter)...
• 1.526: (a) Any person desiring a copy of any record or document in the custody of the Department of Vetera...
• 1.527: (a) Any person may, in the event of a denial of his or her request to inspect or obtain information...
• 1.550: The Department of Veterans Affairs policy is one of disclosure of information from agency records to...
• 1.552: (a) Those statements of policy and interpretations adopted by the Department of Veterans Affairs bu...
• 1.553: (a) Except for requests for records which are processed under §§ 1.551 and 1.552 of this...
• 1.553a: (a) When a request for records made under § 1.551 , § 1.552 or § 1.553 is receive...
• 1.554: (a) The exemptions in this paragraph constitute authority to withhold from disclosure certain categ...
• 1.554a: (a) General. During the conduct of its business the Department of Veterans Affairs (VA) may acquire...
• 1.555: (a) Definitions of terms. For the purpose of this section, the following definitions apply: (1) ...
• 1.556: Each administration, staff office, and field facility head will designate an employee(s) who will be...
• 1.557: (a) Upon denial of a request, the responsible Department of Veterans Affairs official or designated...
• 1.575: (a) Except as provided in paragraph (b) of this section, no one will be denied any right, benefit, ...
• 1.576: (a) The Department of Veterans Affairs will safeguard an individual against an invasion of personal...
• 1.577: (a) Except as otherwise provided by law or regulation any individual upon request may gain access t...
• 1.579: (a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to...
• 1.580: (a) Upon denial or a request under 38 CFR 1.577 or 1.579 , the responsible Department of Veterans ...
• 1.582: (a) Certain systems of records maintained by the Department of Veterans Affairs are exempted from p...
• 1.600: (a) Sections 1.600 through 1.603 establish policy, assign responsibilities and prescribe procedures...
• 1.601: (a) An applicant for read-only access to VBA automated claims records from a location other than a ...
• 1.602: (a) Once an individual or organization has been issued the necessary passwords to obtain read-only ...
• 1.603: (a) The Regional Office Director or the Regional Office Director's designee may revoke an individua...
• 1.650: The purpose of these regulations is to prescribe the procedure to be followed in determining and pro...
• 1.651: The terms as used in the regulations concerning inventions by employees of the Department of Veteran...
• 1.652: (a) The criteria to be applied in determining the respective rights of the Government and of the em...
• 1.653: The General Counsel, Deputy General Counsel or Assistant General Counsel for Professional Staff Grou...
• 1.654: Any invention owned by the Government under the criteria as set forth in 37 CFR 501.6 should be pro...
• 1.655: If an invention is made by an employee and it is determined that the employee inventor is entitled t...
• 1.656: (a) In the case of an invention or believed invention, the inventor will prepare a statement for su...
• 1.657: The General Counsel, Deputy General Counsel or Assistant General Counsel for Professional Staff Grou...
• 1.658: In accordance with 37 CFR 501.8 , the employee has a right of appeal to the Secretary of Commerce w...
• 1.659: Procedures set out in the regulations concerning inventions by employees of the Department of Vetera...
• 1.660: No patent may be granted where the invention has been in public use or publicly disclosed for more t...
• 1.661: All information pertaining to inventions and pending patent applications is confidential, and employ...
• 1.662: The provisions of the regulations concerning inventions by employees of the Department of Veterans A...
• 1.663: (a) The licensing of Government-owned inventions under VA control and custody will be conducted pur...
• 1.670: The following regulations establish a system of administrative controls for all appropriations and f...
• 1.671: For the purpose of §§ 1.670 through 1.673, the following definitions apply: (a) Adminis...
• 1.672: (a) The issuance of an allotment to the administration and staff office heads (allottees) is requir...
• 1.673: (a) In the event an allotment or an apportionment is exceeded except in the circumstances described...
• 1.700: Sections 1.700 through 1.705 of this title provide a Missing Children Official Mail Program in the D...
• 1.701: The Department of Veterans Affairs contact person for the Missing Children Official Mail Program is:...
• 1.702: (a) The Department of Veterans Affairs will supplement and expand the national effort to assist in ...
• 1.703: It is the Department of Veterans Affairs objective that 20 percent of its first class official mail ...
• 1.705: Missing children pictures and biographical data shall not be: (a) Printed on official envelopes an...
• 1.710: (a) All correspondence and all checks for benefits payable to claimants under laws administered by ...
• 1.891: Many individuals in society possess great productive potential which goes unrealized because they ca...
• 1.892: Positions becoming vacant, unless excepted as provided by § 1.897 , will be reviewed to determ...
• 1.893: Position management and other internal reviews may indicate that positions may be either converted f...
• 1.894: An departmentwide plan for promoting part-time employment opportunities will be developed annually. ...
• 1.895: The part-time career employment program will be reviewed through regular employment reports to deter...
• 1.896: When applicants from outside the Federal service are desired, part-time vacancies may be publicized ...
• 1.897: The Secretary of Veterans Affairs, or designees, may except positions from inclusion in this program...
• 1.900: (a) The standards contained in §§ 1.900 through 1.953 are issued pursuant to the Federal...
• 1.901: Sections 1.900 through 1.953 do not create any right or benefit, substantive or procedural, enforcea...
• 1.902: (a) The standards in §§ 1.900 through 1.953 relating to compromise, suspension, and term...
• 1.903: Nothing in §§ 1.900 through 1.953 precludes VA settlement, waiver, compromise, or other d...
• 1.904: Claims may be paid in the form of money or, when a contractual basis exists, VA may demand the retur...
• 1.905: Debts may not be subdivided to avoid the monetary ceiling established by 31 U.S.C. 3711(a)(2) . A de...
• 1.906: (a) In applying §§ 1.900 through 1.953, VA is not required to omit, foreclose, or duplic...
• 1.907: (a) The definitions and construction found in the Federal Claims Collection Standards in 31 CFR 90...
• 1.910: (a) VA will take aggressive collection action on a timely basis, with effective follow-up, to colle...
• 1.911: (a) Scope. This section applies to the collection of debts resulting from an individual's participa...
• 1.911a: (a) This section is written in accordance with 31 CFR 901.2 and applies to the demand for payment ...
• 1.912: (a) Authority and scope. In accordance with the procedures set forth in 31 CFR 901.3 , as well as ...
• 1.912a: (a) Authority and scope. VA shall collect debts governed by § 1.911 of this part by offset ag...
• 1.913: (a) VA should liquidate security or collateral through the exercise of a power of sale in the secur...
• 1.914: (a) Whenever feasible, VA shall collect the total amount of a debt in one lump sum. If a debtor is ...
• 1.915: (a) Except as otherwise provided by statute, contract, or other regulation to the contrary, and sub...
• 1.916: (a) The Department of Veterans Affairs may disclose all information determined to be necessary, inc...
• 1.917: (a) VA has authority to contract for collection services to recover delinquent debts, provided that...
• 1.918: (a) When attempting to locate a debtor in order to compromise or collect a debt in accordance with ...
• 1.919: (a) Unless otherwise prohibited by law or regulation, and in accordance with 31 CFR 901.3(d) , VA ...
• 1.920: (a) When authorized, VA may refer an uncollectible debt to another Federal or State agency for the ...
• 1.921: VA collection procedures should provide for periodic comparison of costs incurred and amounts collec...
• 1.922: (a) Sections 1.900 through 1.953, to the extent they reflect remedies or procedures prescribed by t...
• 1.923: (a) In accordance with the procedures set forth in 31 U.S.C. 3720D and 31 CFR 285.11 , VA or Treas...
• 1.924: (a) In accordance with 31 U.S.C. 3720B and the procedures set forth in 31 CFR 285.13 and § 9...
• 1.929: (a) Scope. (1) Subject to the provisions of this section VA may allow an individual to reduce an in...
• 1.930: (a) The standards set forth in §§ 1.930 through 1.936 of this part apply to the compromi...
• 1.931: (a) VA may compromise a debt if it cannot collect the full amount because: (1) The debtor is una...
• 1.932: VA may compromise statutory penalties, forfeitures, or claims established as an aid to enforcement a...
• 1.933: (a) When two or more debtors are jointly and severally liable, VA will pursue collection activity a...
• 1.934: If VA is uncertain whether to accept a firm, written, substantive compromise offer on a debt that is...
• 1.935: In negotiating a compromise, VA will consider the tax consequences to the Government. In particular,...
• 1.936: In all appropriate instances, a compromise that is accepted by VA shall be implemented by means of a...
• 1.940: (a) The standards set forth in §§ 1.940 through 1.944 apply to the suspension or termina...
• 1.941: (a) VA may suspend collection activity on a debt when: (1) It cannot locate the debtor; (2) T...
• 1.942: Termination of collection activity involves a final determination. Collection activity may be termin...
• 1.943: When a significant enforcement policy is involved, or recovery of a judgment is a prerequisite to th...
• 1.944: (a) Before discharging a delinquent debt (also referred to as a close out of the debt), VA shall ta...
• 1.950: (a) VA shall promptly refer debts to Department of Justice (DOJ) for litigation where aggressive co...
• 1.951: (a) Unless excepted by the Department of Justice (DOJ), VA shall complete the CCLR, accompanied by ...
• 1.952: VA must take care to preserve all files and records that may be needed by the Department of Justice ...
• 1.953: (a) Except as otherwise provided in paragraphs (b) and (c) of this section, VA shall not refer for ...
• 1.955: (a) Delegation of authority and establishment. (1) Sections 1.955 et seq. are issued to implement t...
• 1.956: (a) The regional office Committees are authorized, except as to determinations under § 2.6(e)...
• 1.957: (a) Regional office committee. On matters covered in § 1.956 , the regional office Committee ...
• 1.958: A decision by the regional office Committee, operating within the scope of its authority, denying wa...
• 1.959: The Chairperson of the Committee shall execute or certify any documents pertaining to its proceeding...
• 1.960: Legal questions involving a determination under § 2.6(e)(4) of this chapter will be referred t...
• 1.961: On matters within its jurisdiction, the Committee may authorize the release of any right, title, cla...
• 1.962: There shall be no collection of an overpayment, or any interest thereon, which results from particip...
• 1.963: (a) General. Recovery of overpayments of any benefits made under laws administered by the VA shall ...
• 1.963a: (a) The provisions applicable to VA (including refunds) concerning waiver actions relating to erron...
• 1.964: (a) General. Any indebtedness of a veteran or the indebtedness of the spouse shall be waived only w...
• 1.965: (a) The standard “Equity and Good Conscience”, will be applied when the facts and cir...
• 1.966: (a) Decisions will be based on the evidence of record. A hearing may be held at the request of the ...
• 1.967: (a) Except as provided in paragraph (c) of this section, any portion of an indebtedness resulting f...
• 1.969: (a) Jurisdiction. A decision involving waiver may be reversed or modified on the basis of new and m...
• 1.970: Decisions of the Committee respecting acceptance or rejection of a compromise offer shall be in conf...
• 1.980: (a) In accordance with 5 CFR part 550 , subpart K, the provisions set forth in §§ 1.980...
• 1.981: (a) Agency means: (1) An executive agency as defined in 5 U.S.C. 105 , including the U.S. Postal...
• 1.982: (a) VA will not collect a debt involving benefits under the laws administered by VA by salary offse...
• 1.983: (a) For a debt not involving benefits under the laws administered by VA, the Secretary or designee ...
• 1.984: (a) Except as provided in paragraph (b) of this section and in § 1.982 , an employee wishing ...
• 1.985: (a) After an employee requests a hearing, the hearing official or administrative law judge shall no...
• 1.986: An employee waives the right to a hearing, and will have his or her disposable pay offset in accorda...
• 1.987: (a) The hearing official or administrative law judge shall uphold VA's determination of the existen...
• 1.988: (a) The hearing official or administrative law judge must issue a written decision not later than 6...
• 1.989: (a) Notification by employee. An employee who intends to inspect or copy VA records related to the ...
• 1.990: (a) Notification by employee. The employee may propose, in response to a notice under § 1.983...
• 1.991: (a) Deductions to liquidate an employee's debt will be by the method and in the amount stated in th...
• 1.992: (a) Types of collection. A debt will be collected in a lump-sum or in installments. Collection will...
• 1.993: So long as there are not statutory or contractual provisions to the contrary, an employee's involunt...
• 1.995: (a) Under 31 U.S.C. 3716 , VA and other creditor agencies must notify Treasury of all debts over 18...
• 2.1: In addition to the delegations of authority in this part, numerous delegations of authority are set ...
• 2.2: (a) Authority to issue subpoenas. Employees occupying or acting in the positions designated in para...
• 2.3: (a) An employee to whom authority is delegated by the Secretary in accordance with 38 U.S.C. 5711 ,...
• 2.4: Paid advertisements may be used in recruitment for VA competitive and excepted service positions. Au...
• 2.5: (a) Persons occupying or acting for the following positions in the Office of the General Counsel ar...
• 2.6: Employees occupying or acting in the positions designated below are delegated authority as indicated...
• 2.7: (a) Section 503(a) of title 38 U.S.C., provides that if the Secretary determines that benefits admi...
• 2.8: (a) Employees occupying or acting in the positions designated in paragraph (b) of this section are ...
• 6.1: If the age of the insured under a United States Government life insurance policy has been understate...
• 6.2: Effective January 1, 1983, United States Government Life Insurance policies, and total disability in...
• 6.3: Discharge or release of an insured from military or naval service for the reason of fraudulent enlis...
• 6.4: Whenever it is necessary for a claimant to prove age, relationship or marriage, the provisions of 38...
• 6.5: If the insured by notice in writing to the Department of Veterans Affairs during his or her lifetime...
• 6.6: The insured under United States Government life insurance shall have the right at any time and from ...
• 6.7: (a) Effective January 1, 1958, payments of insurance to a beneficiary under a United States Governm...
• 6.8: The insured under a United States Government Life Insurance policy may, upon written notice, select ...
• 6.9: If the insured has selected an optional settlement then at the death of the insured the designated b...
• 6.10: Insurance will be payable in one sum only when selected by the insured during his or her lifetime or...
• 6.11: (a) Regular annual dividends becoming payable on or after December 31, 1958, shall be payable on th...
• 6.12: Any special U.S. Government Life Insurance dividend that may be declared shall be paid in cash. Suc...
• 6.13: At any time after the first policy year and upon the execution of a loan agreement satisfactory to t...
• 6.14: Provisions for cash value shall become effective at the completion of the first policy year on any p...
• 6.15: Provisions for cash value shall become effective at the completion of the first policy year; all val...
• 6.16: Effective January 1, 1971, in lieu of payment of cash value in one sum, the insured may elect to rec...
• 6.17: At the maturity of a United States Government life insurance policy by total permanent disability or...
• 6.18: (a) In addition to the conditions specified in 38 U.S.C. 1958 , the following also will be deemed t...
• 6.19: Whenever a claim is filed on account of the death of a person insured under yearly renewable term in...
• 6.20: The Insurance Claims Sections are vested with exclusive jurisdiction in determining the liability of...
• 6.21: (a) Definition. For the purpose of this section, the term guardian includes any fiduciary certified...
• 7.2: (a) A statement over the signature of the Commanding Officer or a commissioned officer of equal or ...
• 7.3: (a) Any provision in a policy that may limit or eliminate a benefit other than the primary death be...
• 7.4: The term premium as defined under 50 U.S.C. app. 540(b) shall include membership dues and assessment...
• 7.5: (a) The benefits of the Act are not available except upon application. The insured may designate an...
• 7.6: Any policy found to be entitled to protection under the provisions of the Act will not lapse or othe...
• 7.7: (a) The phrase maturity of a policy as a death claim or otherwise (SSCRA, as amended) will not incl...
• 7.8: The consent of a beneficiary, assignee, or any other person who may have a right or interest in the ...
• 8.1: (a) What is the effective date of the policy? The effective date is the date policy coverage begins...
• 8.2: (a) What is a premium? A premium is a payment that a policyholder is required to make for an insura...
• 8.3: (a) If the sole reason death or total disability benefits under a policy of National Service life i...
• 8.4: The insured under a National Service life insurance policy which is not lapsed may authorize the mon...
• 8.5: Deductions from benefits for the payment of premiums shall be effective on the month the authorizati...
• 8.6: If the last day of a time period specified in §§ 8.2 or 8.3 or allowed for filing an appl...
• 8.7: (a) Any policy which lapses and which is not surrendered for a cash value or for paid-up insurance,...
• 8.8: National Service life insurance on any plan may be reinstated if application and tender of premiums ...
• 8.9: The applicant for reinstatement of National Service Life Insurance, during his or her lifetime, and ...
• 8.10: (a) Except as hereinafter provided in this paragraph, a National Service Life Insurance policy shal...
• 8.11: (a) Provisions for cash value, paid-up insurance, and extended term insurance, except as provided i...
• 8.12: (a) Effective January 1, 1971, in lieu of payment of the cash surrender value in one sum the insure...
• 8.13: (a) At any time after the premiums for the first policy year have been paid and earned and before d...
• 8.14: (a) After the expiration of the first policy year and upon default in the payment of a premium with...
• 8.15: If a National Service Life Insurance policy on any plan other than 5-year level premium term or limi...
• 8.16: National Service Life Insurance on the level premium term plan which is in force may be exchanged fo...
• 8.17: (a) The Secretary may require proof of continuance of total disability at any time the Secretary ma...
• 8.18: The organic loss of speech shall be deemed to be total disability under National Service Life Insura...
• 8.19: The insured shall have the right at any time, and from time to time, and without the knowledge or co...
• 8.20: Whenever it is necessary for a claimant to prove death, age, relationship or marriage, the provision...
• 8.21: If the age of the insured under a National Service life insurance policy has been understated, the a...
• 8.22: Where physical or mental examination is required of an applicant for National Service Life Insurance...
• 8.23: Physical examination in connection with claim for total disability benefits may be made by a medical...
• 8.24: Except as provided in § 8.22 , necessary transportation expenses incident to physical or menta...
• 8.25: Insurance will be paid in a lump sum only when selected by the insured during his or her lifetime or...
• 8.26: (a) Effective July 23, 1953, all or any part of National Service Life Insurance on the 5-year level...
• 8.27: If the insured by notice in writing to the Department of Veterans Affairs during his lifetime has pr...
• 8.28: A total disability income provision which is lapsed may be reinstated if the insured meets the same ...
• 8.29: Contracts of insurance authorized to be made in accordance with the terms and conditions set forth i...
• 8.30: (a) The provisions of Part 19 of this chapter will be followed in connection with appeals to the B...
• 8.31: Where the Disability Insurance Claims activity has made a finding of total disability for insurance ...
• 8.32: What actions does a guardian have the authority to take for insurance purposes? The guardian of an i...
• 8.33: (a) What is a term-capped policy? A term-capped policy is a National Service Life Insurance policy ...
• 8a.1: (a) The term housing unit means a family dwelling or unit, together with the necessary land therefo...
• 8a.2: (a) Each eligible veteran is authorized up to a maximum of $90,000 in VMLI to insure his or her lif...
• 8a.3: (a) Where the grant was approved prior to August 11, 1971, VMLI shall be effective August 11, 1971,...
• 8a.4: (a) The amount of VMLI in force on his or her life at any one time shall be reduced simultaneously ...
• 9.1: The following definitions are in addition to those definitions in 38 U.S.C. 101 and 1965 : (a) The...
• 9.2: (a) The effective date of Servicemembers' Group Life Insurance will be in accordance with provisio...
• 9.3: (a) Full-time coverage which is in effect will terminate or be reduced at midnight of the last day ...
• 9.4: Any designation of beneficiary or election of settlement options is subject to the provisions of 38 ...
• 9.5: Proceeds shall be paid in accordance with provisions set forth in 38 U.S.C. 1970 and the following p...
• 9.6: Servicemembers' Group Life Insurance, Veterans' Group Life Insurance and benefits thereunder are not...
• 9.7: (a) Determinations of the Department of Veterans Affairs are conclusive under the policy with respe...
• 9.8: Termination of coverage will be in accordance with the provisions of 38 U.S.C. 1968 and § 9.3 ...
• 9.9: (a) With respect to a member on active duty or active duty for training under a call or order to du...
• 9.10: (a) For the purpose of determining if a member who incurred a disability or aggravated a preexistin...
• 9.11: The following criteria will control eligibility for reinsuring and converting companies: (a) The c...
• 9.12: The allocation of insurance to the insurer and each reinsurer will be based upon the following: (a...
• 9.13: The Assistant Director for Insurance will furnish the name and address of the insuring company upon ...
• 9.14: (a) What is an Accelerated Benefit? An Accelerated Benefit is a payment of a portion of your Servic...
• 9.20: (a) What is traumatic injury protection? Traumatic injury protection provides for the payment of a ...
• 10.1: If the veteran named in an adjusted service certificate issued pursuant to the provisions of sectio...
• 10.2: The veteran named in an adjusted service certificate issued pursuant to the provisions of section 5...
• 10.3: An indemnity bond will be required as a prerequisite to the issuance of a duplicate adjusted service...
• 10.4: A new adjusted service certificate will be issued without bond in lieu of the certificate which has ...
• 10.15: A veteran to whom an adjusted service certificate has been issued pursuant to the provisions of sec...
• 10.16: A change of beneficiary of an adjusted service certificate to be valid must be made: (a) By notice...
• 10.17: The designation of a beneficiary made subsequent to the cancellation of a previous designation of be...
• 10.18: Any application for a change of beneficiary heretofore made may be approved if it meets the requirem...
• 10.20: Certification to the execution of demand for payment forms appearing on the reverse side of adjusted...
• 10.22: Wherever the face value of an adjusted service certificate, issued pursuant to the World War Adjuste...
• 10.24: If the veteran named in an adjusted service certificate, issued pursuant to the provisions of secti...
• 10.25: If the veteran named in the adjusted service certificate, issued pursuant to the provisions of sect...
• 10.27: For the purpose of §§ 10.28 to 10.47, the word Act as used herein refers to the World War...
• 10.28: Evidence required in establishing proof of death under the act, as amended, shall conform with the r...
• 10.29: A dependent, in subsequent position in the order of preference as defined in section 601 of title V...
• 10.30: A dependent who is receiving payments under section 601 of title VI of the Act, as amended, and who...
• 10.31: Claims of a mother or father for the benefits to which either may be entitled under the World War Ad...
• 10.32: Evidence of a whole or entire dependency shall not be required. The mother or father shall be consid...
• 10.33: A determination of the existence of the alleged dependency will be made upon consideration of all fa...
• 10.34: The mother or father of a veteran to be entitled to the presumption of dependency within the meaning...
• 10.35: Claim of a mother for the benefits to which she may be entitled by reason of her unmarried status as...
• 10.36: In order to prove marital cohabitation within the meaning of that term as used in section 602(a) or...
• 10.37: If a veteran and widow were not living together at the time of the death of the veteran the widow wi...
• 10.38: A child of a veteran shall be required to submit proof of age in accordance with the requirements se...
• 10.39: If claim is made under section 602(b), (2), of title IV of the Act as amended, alleging that a chil...
• 10.40: Payments to a minor child shall be made to the legally constituted guardian, curator or conservator,...
• 10.41: The term child as used in the regulations in this part includes: (a) A legitimate child; (b) A c...
• 10.42: A claim of a child legally adopted by the veteran upon whose service the claim is based shall be sup...
• 10.43: A claim made by a legal guardian on behalf of his or her ward, a child of a veteran, shall be suppor...
• 10.44: The term mother and father as referred to in the order of preference as outlined in section 601 of ...
• 10.45: The term widow as used in the regulations in this part includes widower.
• 10.46: All statements, except those of licensed examining physicians under § 10.39 (a)(2) and (b)(1) ...
• 10.47: Statements required by the regulations in this part should be submitted on forms provided by the Dep...
• 10.50: Cash payments and the first installment of installment payments authorized in sections 601 and 603,...
• 10.51: Payments to minor child through legal guardian, natural guardian, or self. (See § 10.40 .)
• 10.52: Duplication of payments shall not be made in case of change of beneficiary. (See § 10.16 .)
• 10.53: Issuance of duplicate adjusted service certificates and payment of claims based upon lost, destroyed...
• 11.75: Adjusted service certificates are dated as of the 1st day of the month in which the applications wer...
• 11.76: Only the veteran named in the certificate can lawfully obtain a loan on his adjusted service certifi...
• 11.77: Any national bank or any bank or trust company incorporated under the laws of any State, Territory, ...
• 11.80: Any bank holding a note secured by an Adjusted Service Certificate may sell the note to any bank aut...
• 11.81: Upon the endorsement of any bank, which shall be deemed a waiver of demand, notice and protest by su...
• 11.83: (a) It will be the policy of the Department of Veterans Affairs to redeem all loans made in accorda...
• 11.84: If the veteran dies before the maturity of the loan, the amount of the unpaid principal and the unpa...
• 11.85: In order to be eligible for redemption by the Department of Veterans Affairs, the note and certifica...
• 11.88: When a veteran's note is redeemed by the Department of Veterans Affairs, the note will be canceled a...
• 11.89: When a note is redeemed notification will be sent to the veteran at his last known address, advising...
• 11.91: Should the veteran so desire, he may repay the amount due on his note in full or in installments.
• 11.93: (a) If the veteran fails to redeem his certificate before its maturity there will be deducted from ...
• 11.96: Loans will be made by the Department of Veterans Affairs, Washington, DC, to any veteran, upon his p...
• 11.99: Before a loan is made on an adjusted service certificate, the person applying therefor will be ident...
• 11.100: The form of note used in making loans secured by adjusted service certificates shall follow Form 118...
• 11.102: All loans will be for a period of one year and if not paid will be automatically extended from year ...
• 11.104: All notes and certificates shall be held in the custody of the Department of Veterans Affairs, Washi...
• 11.109: Where an application for final settlement of an adjusted service certificate is received in the Depa...
• 11.110: A mentally competent veteran to whom an adjusted service certificate has been issued. (a) A legall...
• 11.111: Application must be made on Department of Veterans Affairs Adjusted Compensation Form 1701.
• 11.114: Before settlement is made on an adjusted service certificate, the person applying therefor will be i...
• 11.115: The application for final settlement, accompanied by the veteran's adjusted service certificate, unl...
• 11.116: If the veteran dies after making application under the Adjusted Compensation Payment Act, 1936, but ...
• 11.117: Where the records of the Department of Veterans Affairs show that an application, disclosing an inte...
• 11.125: Where an application for final settlement of an adjusted service certificate is received in the Depa...
• 11.126: Either demand for payment (Form 1748) of application (Form 1701) may be used by the veteran or his l...
• 11.127: Before payment may be made on the adjusted service certificate, the person applying therefor will be...
• 11.128: If the veteran dies without having filed application for final settlement under the Adjusted Compens...
• 11.129: Demand for payment (VA Form 8-582) is the proper form for use in applying for payment of the amount ...
• 11.130: Application for payment of a matured certificate or a deceased veteran's certificate, accompanied by...
• 12.1: (a) Each competent veteran now being cared for or who is hereafter admitted to receive care as such...
• 12.2: (a) An incompetent veteran will not be informed concerning the designation of a person to receive f...
• 12.3: (a) Immediately upon the death or the absence without leave of any beneficiary at a field facility,...
• 12.4: (a) Upon authorization by the facility head or his or her designated representative, all funds, as ...
• 12.5: (a) If there exists no designee at the time of death at a hospital, domiciliary, or regional office...
• 12.6: (a) Except as provided in § 12.8 , effects of veterans absent without leave or who have been ...
• 12.7: The provisions of §§ 12.0 to 12.6 shall be inapplicable to property known to be that of a...
• 12.8: (a) In the case of any property of a veteran who was in receipt of hospital or domiciliary care, he...
• 12.9: (a) Upon death of a veteran admitted as such to a field facility, the Manager or his or her designa...
• 12.10: After proper notice as prescribed, sale of any such property which it is proper to sell, will be mad...
• 12.12: If it is shown that some person other than the veteran has title to property in a veteran's possessi...
• 12.13: In order that all persons who bring property on premises of the Department of Veterans Affairs may b...
• 12.15: Immediately upon the death at a Department of Veterans Affairs field facility of a person who was no...
• 12.16: (a) The manager will dispose of the personal funds and effects as promptly as possible. No expense ...
• 12.17: (a) Personal effects of persons referred to in § 12.15 which remain unclaimed for 90 days aft...
• 12.18: (a) The manager will notify the commanding officer of the death or absence of such patient and will...
• 12.19: (a) Whenever any veteran (admitted as a veteran) shall die in any Department of Veterans Affairs ho...
• 12.20: (a) VA Form 10-P-10, Application for Hospital Treatment or Domiciliary Care, includes notice to the...
• 12.21: Upon the death of a veteran at a Department of Veterans Affairs hospital, center or domiciliary acti...
• 12.22: Any assets heretofore or hereafter accruing to the benefit of the General Post Fund, including stock...
• 12.23: Effective December 26, 1941, the assets of the estate of a veteran theretofore or thereafter deposit...
• 12.24: Unless maintained by the Public Buildings Service, the lost and found service will be maintained by ...
• 13.1: The regulations in this part are issued pursuant to 38 U.S.C. 501 to reflect action under 38 U.S.C. ...
• 13.2: (a) Authority to conduct; generally. Field personnel in the Veterans Service Center and other emplo...
• 13.3: Field facility Directors are authorized to cooperate with the affiliated organizations, legislative ...
• 13.55: (a) Authority. The Veterans Service Center Manager is authorized to select and appoint (or in the c...
• 13.56: (a) Veterans. Department of Veterans Affairs benefits payable to a veteran rated incompetent may be...
• 13.57: Compensation, pension or emergency officers' retirement pay of a veteran rated or judicially declare...
• 13.58: (a) Authority. The Veterans Service Center Manager is authorized to make determinations as to the p...
• 13.59: (a) Payment to. Any Department of Veterans Affairs benefit may be paid to the fiduciary appointed b...
• 13.61: The Veterans Service Center Manager may authorize the payment of all or part of the pension, compens...
• 13.62: Any benefits due an incompetent adult or minor Indian, who is a recognized ward of the Government, m...
• 13.63: All or any part of a benefit due a minor or incompetent adult, payment of which is suspended or with...
• 13.64: Generally, a VA appointed fiduciary is to be encouraged to serve without fee. (a) Authority. The V...
• 13.69: For purposes of payment of Department of Veterans Affairs benefits, the number of beneficiaries for ...
• 13.70: (a) Incompetent veterans being furnished hospital treatment, institutional or domiciliary care by U...
• 13.71: (a) The payment of part of compensation, pension or emergency officers' retirement pay for the cost...
• 13.72: Veterans Service Center Managers may authorize release of funds from Personal Funds of Patients for ...
• 13.73: Veterans Service Center Managers may, when required for the benefit of the veteran and/or the vetera...
• 13.100: (a) Federal fiduciaries. In Federal fiduciary cases, the Veterans Service Center Manager may, when ...
• 13.101: Department of Veterans Affairs benefits payable in behalf of minors should be used for their benefit...
• 13.102: (a) Institutionalized veterans without spouse or child. The legal custodian of VA benefits of an in...
• 13.103: (a) Type authorized. VA benefits paid to a Federally appointed fiduciary other than a spouse payee ...
• 13.104: (a) Requirement to account; notices of filings and hearings. Accounts may be required from court-ap...
• 13.105: (a) Federal fiduciaries. (1) The Veterans Service Center Manager may require a legal custodian, cus...
• 13.106: The Veterans Service Center Manager will review and to the extent possible determine the legality an...
• 13.107: (a) Department of Veterans Affairs benefits. The chief officer of an institution, other than a Fede...
• 13.110: (a) Escheat; Upon death of a beneficiary for whom payment of Department of Veterans Affairs benefit...
• 13.111: Under 38 U.S.C. 5301(a) , payments made to or on account of a beneficiary under any of the laws rela...
• 14.500: The General Counsel is responsible to the Secretary for the following: (a) All litigation arising ...
• 14.501: (a) Functions and responsibilities of the Regional Counsels are those set forth in this part and al...
• 14.502: Requests for formal legal advice, including interpretation of law or regulations, shall be made only...
• 14.503: (a) Requests from administrative officials in the field for legal advice or assistance will be addr...
• 14.504: (a) Regional Counsels have the same authority with respect to domestic relations questions as they ...
• 14.505: All submissions will set forth the question of law on which the opinion is desired, together with a ...
• 14.507: (a) A written legal opinion of the General Counsel involving veterans' benefits under laws administ...
• 14.514: (a) Suits against United States or Department of Veterans Affairs officials. When a suit involving ...
• 14.515: (a) In actions for debt, possession or actions similar in substance (including title actions) in wh...
• 14.516: In any case in which the Department of Veterans Affairs is entitled to possession of assets or prope...
• 14.517: Regional Counsels will establish and maintain such close liaison with the State and Federal courts a...
• 14.518: (a) Service of process generally. An employee, at a field facility, served with a writ of habeas co...
• 14.560: The Department of Justice, or the U.S. Attorneys, are charged with the duty and responsibility of in...
• 14.561: Before a submission is made to the U.S. Attorney in cases involving personnel or claims, the General...
• 14.562: When it is determined that a submission is to be made to the U.S. Attorney, no demand for payment or...
• 14.600: (a) Federal Tort Claims Act—overview. The Federal Tort Claims Act ( 28 U.S.C. 1291 , 1346 , ...
• 14.601: (a) Development of untoward incidents. (1) A report of any collision involving a Government-owned v...
• 14.602: (a) Where there is indication that a tort claim will be filed, medical records or other information...
• 14.603: Setoff for cost of unauthorized medical treatment. In any tort claim administratively settled or com...
• 14.604: (a) Each person who inquires as to the procedure for filing a claim against the United States, pred...
• 14.605: (a) (1) Section 2679 of title 28 U.S.C., provides that no suit will lie against a Federal employee,...
• 14.615: (a) Authority. Section 515(b), title 38 U.S.C., provides that the Secretary of Veterans Affairs may...
• 14.616: (a) Form of claim. Claims arising under 38 U.S.C. 515(b) will be prepared in the form of a sworn st...
• 14.617: (a) Disposition of claims arising in Philippines. All claims arising under 38 U.S.C. 515(b) in the ...
• 14.618: (a) In a case where the Regional Counsel determines that damage to or loss of Government property u...
• 14.619: (a) In a case where the Regional Counsel determines that medical care and services were furnished a...
• 14.626: The purpose of the regulation of representatives, agents, attorneys, and other individuals is to ens...
• 14.627: As used in regulations on representation of VA claimants: (a) Accreditation means the authority gr...
• 14.628: Authorized officers of an organization may request recognition by letter to the Secretary of Veteran...
• 14.629: The Assistant General Counsel of jurisdiction or his or her designee will conduct an inquiry and mak...
• 14.630: (a) Any person may be authorized to prepare, present, and prosecute one claim. A power of attorney ...
• 14.631: (a) A power of attorney, executed on either VA Form 21-22, “Appointment of Veterans Service ...
• 14.632: (a) (1) All persons acting on behalf of a claimant shall faithfully execute their duties as individ...
• 14.633: (a) Accreditation or authority to provide representation on a particular claim under § 14.630...
• 14.634: Banks or trust companies, corporate entities, acting as guardians for claimants, may be represented ...
• 14.635: The Secretary may furnish office space and facilities, if available, in buildings owned or occupied ...
• 14.636: (a) Applicability of rule. The provisions of this section apply to the services of accredited agent...
• 14.637: (a) Applicability of rule. The provisions of this section apply to the services of accredited agent...
• 14.664: Pub. L. 88-558 (78 Stat. 767), approved August 31, 1964, as amended, authorizes the Secretary or the...
• 14.665: (a) The claim must be presented in writing on VA Form 2-4760, Employee's Claim for Reimbursement fo...
• 14.666: (a) The Regional Counsel having jurisdiction will conduct such additional investigation as is deeme...
• 14.667: (a) No claim shall be paid unless timely filed in proper form as provided in § 14.665 and the...
• 14.668: (a) Disallowed claims. Claimants will be promptly notified of the disallowance of a claim and the r...
• 14.669: The Military Personnel and Civilian Employees' Claims Act of 1964 (Pub. L. 88-558; 78 Stat. 767) was...
• 14.700: It is the responsibility of the Regional Counsel to assure the protection of the veteran, his or her...
• 14.701: (a) State institutions. Regional Counsels are authorized to cooperate with State courts, including ...
• 14.702: (a) Commitment. When permissable under State law, Department of Veterans Affairs physicans, upon re...
• 14.703: (a) When authorized to institute a proceeding under § 14.701 , the Regional Counsel may autho...
• 14.704: When a mentally ill veteran who should be committed is hospitalized by the Department of Veterans Af...
• 14.705: (a) Adult beneficiary. The Regional Counsel is authorized to file or cause to be filed on behalf of...
• 14.706: (a) The Regional Counsel may furnish legal services in behalf of minor and incompetent beneficiarie...
• 14.707: When the appointment of a fiduciary is required for an incompetent veteran hospitalized by the Depar...
• 14.708: (a) The Regional Counsel may authorize the payment of costs and other necessary expenses incident t...
• 14.709: (a) It is the policy of the Department of Veterans Affairs to require, where possible under State l...
• 14.800: Sections 14.800 through 14.810 establish policy, assign responsibilities and prescribe procedures wi...
• 14.801: (a) Sections 14.800 through 14.810 apply to: (1) Contractors and subcontractors which undertake ...
• 14.802: (a) Demand. Order, subpoena, or other demand of a court of competent jurisdiction, or other specifi...
• 14.803: (a) VA personnel may provide testimony or produce VA records in legal proceedings covered by §...
• 14.804: In deciding whether to authorize the disclosure of VA records or information or the testimony of VA ...
• 14.805: The request or demand for testimony or production of documents shall set forth in, or be accompanied...
• 14.806: VA personnel shall not, in response to a request or demand for testimony or production of records in...
• 14.807: (a) VA personnel upon whom a demand or request for testimony or the production of records in connec...
• 14.808: (a) VA personnel shall not provide, with or without compensation, opinion or expert testimony in an...
• 14.809: In addition to complying with the requirements of §§ 14.800 through 14.810, requests or d...
• 14.810: (a) The testimony of VA personnel as witnesses, particularly as expert witnesses, and the productio...
• 15.101: The purpose of this regulation is to effectuate section 119 of the Rehabilitation, Comprehensive Se...
• 15.102: This regulation ( §§ 15.101-15 .170) applies to all programs or activities conducted by th...
• 15.103: For purposes of this regulation, the term— Assistant Attorney General means the Assistant At...
• 15.110: (a) The agency shall, by September 6, 1989, evaluate its current policies and practices, and the ef...
• 15.111: The agency shall make available to employees, applicants, participants, beneficiaries, and other int...
• 15.130: (a) No qualified individual with handicaps shall, on the basis of handicap, be excluded from partic...
• 15.140: No qualified individual with handicaps shall, on the basis of handicap, be subject to discrimination...
• 15.149: Except as otherwise provided in § 15.150 , no qualified individual with handicaps shall, becau...
• 15.150: (a) General. The agency shall operate each program or activity so that the program or activity, whe...
• 15.151: Each building or part of a building that is constructed or altered by, on behalf of, or for the use ...
• 15.160: (a) The agency shall take appropriate steps to ensure effective communication with applicants, part...
• 15.170: (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of...
• 16.101: (a) Except as provided in paragraph (b) of this section, this policy applies to all research invol...
• 16.102: (a) Department or agency head means the head of any federal department or agency and any other offi...
• 16.103: (a) Each institution engaged in research which is covered by this policy and which is conducted or ...
• 16.107: (a) Each IRB shall have at least five members, with varying backgrounds to promote complete and ade...
• 16.108: In order to fulfill the requirements of this policy each IRB shall: (a) Follow written procedures ...
• 16.109: (a) An IRB shall review and have authority to approve, require modifications in (to secure approval...
• 16.110: (a) The Secretary, HHS, has established, and published as a Notice in the Federal Register, a list ...
• 16.111: (a) In order to approve research covered by this policy the IRB shall determine that all of the fol...
• 16.112: Research covered by this policy that has been approved by an IRB may be subject to further appropria...
• 16.113: An IRB shall have authority to suspend or terminate approval of research that is not being conducted...
• 16.114: Cooperative research projects are those projects covered by this policy which involve more than one ...
• 16.115: (a) An institution, or when appropriate an IRB, shall prepare and maintain adequate documentation o...
• 16.116: Except as provided elsewhere in this policy, no investigator may involve a human being as a subject ...
• 16.117: (a) Except as provided in paragraph (c) of this section, informed consent shall be documented by th...
• 16.118: Certain types of applications for grants, cooperative agreements, or contracts are submitted to depa...
• 16.119: In the event research is undertaken without the intention of involving human subjects, but it is lat...
• 16.120: (a) The department or agency head will evaluate all applications and proposals involving human subj...
• 16.122: Federal funds administered by a department or agency may not be expended for research involving huma...
• 16.123: (a) The department or agency head may require that department or agency support for any project be ...
• 16.124: With respect to any research project or any class of research projects the department or agency head...
• 17.30: When used in Department of Veterans Affairs medical regulations, each of the following terms shall h...
• 17.31: Definitions of duty periods applicable to eligibility for medical benefits are as follows: (a) -(c...
• 17.32: (a) Definitions: Advance Directive . Specific written statements made by a patient who has decisio...
• 17.33: (a) General. (1) Patients have a right to be treated with dignity in a humane environment that affo...
• 17.34: Subject to the provisions of §§ 17.36 through 17.38, when an application for hospital car...
• 17.35: The Secretary may furnish hospital care and medical services to any veteran sojourning or residing o...
• 17.36: (a) Enrollment requirement for veterans. (1) Except as otherwise provided in § 17.37 , a vete...
• 17.37: Even if not enrolled in the VA healthcare system: (a) A veteran rated for service-connected disabi...
• 17.38: (a) Subject to paragraphs (b) and (c) of this section, the following hospital, outpatient, and exte...
• 17.39: (a) Any Filipino Commonwealth Army veteran, including one who was recognized by authority of the U....
• 17.40: In addition to the usual medical services agreed upon between the governments of the United States a...
• 17.41: Hospitalization for observation and physical (including mental) examination may be effected when req...
• 17.42: Physical examinations on an outpatient basis may be furnished to applicants who have been tentativel...
• 17.43: Hospital or domiciliary care may be provided: (a) Not subject to the eligibility provisions of 38 ...
• 17.44: Hospital care may be furnished when beds are available to members or former members of the uniformed...
• 17.45: Subject to the provisions of § 17.62(g) , any person who is a bona fide volunteer may be admit...
• 17.46: (a) In furnishing hospital care under 38 U.S.C. 1710(a)(1) , VA officials shall: (1) If the vete...
• 17.47: (a) (1) For applicants discharged or released for disability incurred or aggravated in line of duty...
• 17.48: (a) This section sets forth requirements for persons residing in housing under the Compensated Work...
• 17.49: In scheduling appointments for outpatient medical services and admissions for inpatient hospital car...
• 17.50: Hospital facilities operated by the Department of Defense or the Public Health Service (or any other...
• 17.51: Hospital care in facilities operated by the Department of Defense or the Public Health Service (or a...
• 17.52: (a) When VA facilities or other government facilities are not capable of furnishing economical hosp...
• 17.53: The admission of any patient to a private or public hospital at Department of Veterans Affairs expen...
• 17.54: (a) The admission of a veteran to a non-Department of Veterans Affairs hospital at Department of Ve...
• 17.55: Except as otherwise provided in this section, payment for public or private hospital care authorized...
• 17.56: (a) Except for anesthesia services, and services provided in the State of Alaska under pargaraph (d...
• 17.57: (a) Nursing home care in a contract public or private nursing home facility may be authorized for t...
• 17.60: Directors of health care facilities may authorize, for any veteran whose hospitalization was not pri...
• 17.61: VA health care personnel may assist a veteran by referring such veteran for placement in a privately...
• 17.62: For the purpose of §§ 17.61 through 17.72: (a) The term community residential care mean...
• 17.63: The approving official may approve a community residential care facility, based on the report of a V...
• 17.65: (a) An approval of a facility meeting all of the standards in 38 CFR 17.63 based on the report of ...
• 17.66: If the hearing official determines that an approved community residential care facility does not com...
• 17.67: The community residential care facility operator must specify in writing whether an oral or paper he...
• 17.68: (a) Upon receipt of a request for an oral hearing, the hearing official shall: (1) Notify the co...
• 17.69: If representatives of a community residential care facility which receive a notice of noncompliance ...
• 17.70: (a) The hearing official shall issue a written decision within 20 days of the completion of the hea...
• 17.71: (a) If a hearing official determines under § 17.70 of this part that a community residential ...
• 17.72: VA standards will be made available to other Federal, State and local agencies charged with the resp...
• 17.80: (a) Alcohol and drug dependence or abuse treatment and rehabilitation may be authorized by contract...
• 17.81: (a) Contracts for treatment services authorized under § 17.80(a) may be awarded in accordance...
• 17.82: (a) Contracts for treatment services authorized under § 17.80 may be awarded in accordance wi...
• 17.83: The authority to enter into contracts shall be effective for any fiscal year only to such extent or ...
• 17.85: (a) VA medical facilities shall provide necessary medical treatment to a research subject injured a...
• 17.86: (a) This section sets forth regulations regarding the provision of hospital care and medical servic...
• 17.90: Hospital care, nursing home care and medical services may be provided to any veteran who is particip...
• 17.91: Any veteran whose entitlement to VA pension is terminated by reason of income from work or training ...
• 17.92: Subject to the provisions of § 17.101 , any person who is a bona fide volunteer may be furnish...
• 17.93: (a) VA shall furnish on an ambulatory or outpatient basis medical services as are needed, to the fo...
• 17.94: Outpatient medical services for military retirees and other beneficiaries for which charges shall be...
• 17.95: Outpatient medical services for which charges shall be made as required by § 17.101 may be aut...
• 17.96: Any prescription, which is not part of authorized Department of Veterans Affairs hospital or outpati...
• 17.97: In Alaska and territories and possessions, where there are no Department of Veterans Affairs pharmac...
• 17.98: (a) Following the death of a veteran, bereavement counseling involving services defined in 38 U.S.C...
• 17.100: A patient under medical treatment who breaks an appointment without a reasonable excuse will be info...
• 17.102: Except as provided in § 17.101 , charges at the indicated rates shall be made for Department o...
• 17.103: Any offer to compromise or settle any charges or claim for $20,000 or less asserted by the Departmen...
• 17.104: Any proposal to suspend or terminate collection action on any charges or claim for $20,000 or less a...
• 17.105: Applications or requests for waiver of debts or claims asserted by the Department of Veterans Affair...
• 17.106: The good conduct of beneficiaries receiving hospitalization for observation and examination or for t...
• 17.108: (a) General. This section sets forth requirements regarding copayments for inpatient hospital care ...
• 17.110: (a) General. This section sets forth requirements regarding copayments for medications provided to ...
• 17.111: (a) General. This section sets forth requirements regarding copayments for extended care services p...
• 17.112: (a) Services or ceremonies on Department of Veterans Affairs hospital or center reservations are su...
• 17.113: When the personal effects of a patient who has been or is hospitalized or receiving nursing home car...
• 17.114: The claim for reimbursement for personal effects damaged or destroyed will be submitted by the patie...
• 17.115: Where the patient is insane and incompetent, the patient will not be required to make claim for reim...
• 17.116: Claims comprehended. Claims for reimbursing Department of Veterans Affairs employees for cost of rep...
• 17.120: To the extent allowable, payment or reimbursement of the expenses of care, not previously authorized...
• 17.121: Claims for payment or reimbursement of the costs of emergency hospital care or medical services not ...
• 17.122: The expenses of repairs to prosthetic appliances, or similar appliances, therapeutic or rehabilitati...
• 17.123: A claim for payment or reimbursement of services not previously authorized may be filed by the veter...
• 17.124: Claims for costs of services not previously authorized shall be on such forms as shall be prescribed...
• 17.125: Claims for payment or reimbursement of the expenses of services not previously authorized should be ...
• 17.126: Claims for payment or reimbursement of the expenses of medical care or services not previously autho...
• 17.127: The date of filing any claim for payment or reimbursement of the expenses of medical care and servic...
• 17.128: When it has been determined that a veteran has received public or private hospital care or outpatien...
• 17.129: When a claim for payment or reimbursement of expenses of services not previously authorized has not ...
• 17.130: No reimbursement or payment of services not previously authorized will be made when such treatment w...
• 17.131: Any informal claim for the payment or reimbursement of medical expenses which is not followed by a f...
• 17.132: When any claim for payment or reimbursement of expenses of medical care or services rendered in non-...
• 17.133: (a) Scope. This section sets forth reconsideration procedures regarding claims for benefits adminis...
• 17.140: The Department of Veterans Affairs medical installation having responsibility for the fee basis prog...
• 17.141: The Health Administration Center in Denver, CO, shall adjudicate claims for the payment or reimburse...
• 17.142: The Under Secretary for Health is delegated authority to enter into (a) Sharing agreements authori...
• 17.149: (a) Notwithstanding any other provision of this part, VA will furnish needed sensori-neural aids ( ...
• 17.150: Artificial limbs, braces, orthopedic shoes, hearing aids, wheelchairs, medical accessories, similar ...
• 17.151: An invalid lift may be furnished if: (a) The applicant is a veteran who is receiving (1) special m...
• 17.152: Devices for assisting in overcoming the handicap of deafness (including telecaptioning television de...
• 17.153: Beneficiaries supplied prosthetic and similar appliances will be additionally entitled to fitting an...
• 17.154: (a) Blind ex-members of the Armed Forces entitled to disability compensation for a service-connecte...
• 17.155: (a) The Under Secretary for Health or designee is authorized to develop and establish minimum stand...
• 17.156: Automobile adaptive equipment may be authorized if the Under Secretary for Health or designee determ...
• 17.157: The term, adaptive equipment, means equipment which must be part of or added to a conveyance manufac...
• 17.158: (a) An eligible person shall not be entitled to adaptive equipment for more than two automobiles or...
• 17.159: The Secretary may obtain by purchase, lease, gift or otherwise, any automobile, motor vehicle, or ot...
• 17.160: When a detailed report of dental examination is essential for a determination of eligibility for ben...
• 17.161: Outpatient dental treatment may be authorized by the Chief, Dental Service, for beneficiaries define...
• 17.162: When an application has been made for class II dental treatment under § 17.161(b) , the applic...
• 17.163: The Chief, Dental Service may authorize outpatient dental care which is reasonably necessary to comp...
• 17.164: Any veteran eligible for dental treatment on a one-time completion basis only and who has not receiv...
• 17.165: When outpatient emergency dental care is provided, as a humanitarian service, to individuals who ha...
• 17.166: Persons receiving hospital, nursing home, or domiciliary care pursuant to the provisions of §&...
• 17.170: (a) Except as provided in this section, no autopsy will be performed by the Department of Veterans ...
• 17.180: In connection with the Veterans Canteen Service, the Under Secretary for Health is hereby delegated ...
• 17.190: A State-operated facility which provides hospital or domiciliary care to veterans must be formally r...
• 17.191: Applications for Department of Veterans Affairs recognition of a State home may be filed with the Un...
• 17.192: Separate applications for recognition must be filed for any annex, branch, enlargement, expansion, o...
• 17.193: No payment or grant may be made to any State home unless the State home meets the standards prescrib...
• 17.194: Aid may be paid to the designated State official for domiciliary care furnished in a recognized Stat...
• 17.196: Aid may be paid to the designated State official for hospital care furnished in a recognized State h...
• 17.197: The amount of aid payable to a recognized State home shall be at the per diem rates established by t...
• 17.198: Federal aid will be paid only for the care of veterans whose separate eligibility for hospital or do...
• 17.199: Representatives of the Department of Veterans Affairs may inspect any State home at such times as a...
• 17.200: The State must comply with the Single Audit Act of 1984 ( part 41 of this chapter ).
• 17.230: (a) Priority care to active duty personnel. The Secretary, during and/or immediately following a pe...
• 17.240: Subject to such terms and conditions as the Under Secretary for Health shall prescribe, agreements m...
• 17.241: (a) Agreements for exchange of information. Subject to such terms and conditions as the Under Secre...
• 17.242: Programs for sharing specialized medical resources or medical information services shall be coordina...
• 17.250: The provisions of § 17.250 through § 17.266 are applicable to grants under 38 U.S.C. 815...
• 17.251: There is established within the Special Medical Advisory Group authorized under the provisions of 38...
• 17.252: The Assistant Chief Medical Director for Academic Affairs shall be an ex officio member of the Subco...
• 17.253: Applicants for grants generally will be persons authorized to represent a medical school, hospital, ...
• 17.254: Each application for a grant shall be submitted to the Under Secretary for Health on such forms as s...
• 17.255: In addition to the documents and evidence required by § 17.254 , any application for a grant f...
• 17.256: An amended application, or an application for a supplemental grant, may be considered either before ...
• 17.257: Applications for grants for planning or implementing agreements for the exchange of medical informa...
• 17.258: Each certificate of award of a grant for planning or implementing an agreement for the exchange of i...
• 17.259: Direct costs to which grant funds may be applied may include in proportion to time and effort spent,...
• 17.260: Grant funds for planning or implementing agreements for the exchange of medical information shall no...
• 17.261: The grantee shall allocate expenditures as between direct and indirect costs according to generally ...
• 17.262: Notwithstanding any recommendation by the Subcommittee on Academic Affairs of the Special Medical Ad...
• 17.263: Termination of a grant means the cancellation of Department of Veterans Affairs sponsorship, in whol...
• 17.264: In any case where the Department of Veterans Affairs or a grantee's obligations under an exchange of...
• 17.265: Payments of grant funds are made to grantees through a letter-of-credit, an advance by Treasury chec...
• 17.266: If a grant-supported program results in copyrightable material or patentable inventions or discoveri...
• 17.270: (a) CHAMPVA is the Civilian Health and Medical Program of the Department of Veterans Affairs and is...
• 17.271: (a) General entitlement. The following persons are eligible for CHAMPVA benefits provided that they...
• 17.272: (a) Benefits cover allowable expenses for medical services and supplies that are medically necessar...
• 17.273: Preauthorization or advance approval is required for any of the following: (a) Non-emergent inpati...
• 17.274: (a) With the exception of services obtained through VA facilities, CHAMPVA is a cost-sharing progra...
• 17.275: (a) Unless an exception is granted under paragraph (b) of this section, claims for medical services...
• 17.276: Notice of the initial determination regarding payment of CHAMPVA benefits will be provided to the be...
• 17.277: The Center will actively pursue third-party liability/medical care cost recovery in accordance with ...
• 17.278: Confidentiality of records will be maintained in accordance with 38 CFR 1.460 through 1.582.
• 17.350: The provisions of this section through § 17.370 are applicable to grants to the Republic of th...
• 17.351: Grants to assist the Republic of the Philippines in the replacement and upgrading of equipment and i...
• 17.352: Grants awarded under § 17.351 shall not exceed the amounts provided by the appropriation acts ...
• 17.355: All applications for grants to the Republic of the Philippines under the provisions of § 17.35...
• 17.362: Upon request of the Government of the Republic of the Philippines, payment for medical and nursing h...
• 17.363: In computing the length of stay for which payment will be made, the day of admission will be counted...
• 17.364: Determinations of legal eligibility and medical need for hospitalization of United States veterans f...
• 17.365: Appropriate provisions of § 17.49 apply.
• 17.366: The Secretary of National Defense of the Republic of the Philippines shall make determinations as to...
• 17.367: The Secretary of National Defense of the Republic of the Philippines will, with the concurrence of t...
• 17.369: The U.S. Department of Veterans Affairs, through authorized representatives, has the right under the...
• 17.370: Payments may be terminated if the U.S. Department of Veterans Affairs determines the Veterans Memori...
• 17.500: (a) Section 5705, title 38, United States Code was enacted to protect the integrity of the VA's med...
• 17.501: (a) Documents and parts of documents are considered confidential and privileged if they were produc...
• 17.502: (a) Disclosure of quality assurance records and documents which are not confidential and privileged...
• 17.503: (a) Improper disclosure is the disclosure of confidential and privileged healthcare quality assuran...
• 17.504: (a) Disclosure of confidential and privileged quality assurance records and documents or the inform...
• 17.505: The VA medical facility Director, Regional Director, Under Secretary for Health, or their designees ...
• 17.506: When a request for records or documents subject to the regulations in §§ 17.500 through 1...
• 17.507: (a) All VA employees and other individuals who have access to records designated as confidential an...
• 17.508: (a) Access to confidential and privileged quality assurance records and documents within the Depart...
• 17.509: (a) Requests for confidential and privileged quality assurance records and documents from organizat...
• 17.510: No person or entity to whom a quality assurance record or document has been disclosed under § ...
• 17.511: Any person who knows that a document or record is a confidential and privileged quality assurance do...
• 17.600: The purpose of §§ 17.600 through 17.612 is to set forth the requirements for the award of...
• 17.601: For the purpose of these regulations: (a) Acceptable level of academic standing means the level at...
• 17.602: (a) To be eligible for a scholarship under this program an applicant must— (1) Be accepte...
• 17.603: Scholarships will be awarded only when necessary to assist the Department of Veterans Affairs in all...
• 17.604: Each individual desiring a scholarship under this program must submit an accurate and complete appli...
• 17.605: (a) General. In deciding which Scholarship Program applications will be approved by the Secretary, ...
• 17.606: (a) Amount of scholarship. (1) A scholarship award will consist of (i) tuition and required fees, (...
• 17.607: (a) General. Except as provided in paragraph (d) of this section, each participant is obligated to ...
• 17.608: (a) Request for deferment. A participant receiving a degree from a school of medicine, osteopathy, ...
• 17.609: The initial appointment of physicians for obligated service will be made in a grade commensurate wi...
• 17.610: (a) If a participant, other than one described in paragraph (b) of this section fails to accept pay...
• 17.611: Any payment obligation incurred may not be discharged in bankruptcy under title 11 U.S.C. until 5 ye...
• 17.612: (a) Any obligation of a participant for service or payment will be canceled upon the death of the p...
• 17.800: The purpose of the Transitional Housing Loan Program regulations is to establish application provisi...
• 17.801: (a) Applicant: A non-profit organization making application for a loan under this program. (b) No...
• 17.802: (a) To obtain a loan under these Transitional Housing Loan Program regulations, an application must...
• 17.803: Loan applications will be considered on a first-come-first-serve basis, subject to availability of f...
• 17.804: Upon consideration of the application package, loan approval will be based on the following: (a) F...
• 17.805: In the operation of each residence established with the assistance of the loan, the recipient must a...
• 17.900: For purposes of §§ 17.900 through 17.905— Approved health care provider means a h...
• 17.901: (a) Spina bifida. VA will provide a Vietnam veteran's child who has been determined under § 3...
• 17.902: (a) Preauthorization from a benefits advisor of the Health Administration Center is required for th...
• 17.903: (a) (1) Payment for services or benefits under §§ 17.900 through 17.905 will be determin...
• 17.904: For purposes of §§ 17.900 through 17.905, if a health care provider, child, or representa...
• 17.905: Copies of medical records generated outside VA that relate to activities for which VA is asked to pr...
• 17.1000: Sections 17.1000 through 17.1008 constitute the requirements under 38 U.S.C. 1725 that govern VA pay...
• 17.1001: For purposes of §§ 17.1000 through 17.1008: (a) The term health-plan contract means any...
• 17.1002: Payment or reimbursement under 38 U.S.C. 1725 for emergency services may be made only if all of the ...
• 17.1003: Notwithstanding the provisions of § 17.1002 , payment or reimbursement under 38 U.S.C. 1725 fo...
• 17.1004: (a) A claimant for payment or reimbursement under 38 U.S.C. 1725 must be the entity that furnished ...
• 17.1005: (a) Payment or reimbursement for emergency treatment under 38 U.S.C. 1725 shall be the lesser of th...
• 17.1006: The Chief of the Health Administration Service or an equivalent official at the VA medical facility ...
• 17.1007: (a) VA has the right to recover its payment under this section when, and to the extent that, a thir...
• 17.1008: Payment by VA under 38 U.S.C. 1725 on behalf of a veteran to a provider of emergency treatment shall...
• 18a.1: (a) Authority has been delegated to the Secretary of Veterans Affairs by the Secretary, Department ...
• 18a.2: The Under Secretary for Benefits is delegated responsibility for obtaining evidence of voluntary com...
• 18a.3: The Chief Medical Director is delegated responsibility for obtaining evidence of voluntary complianc...
• 18a.4: Upon referral by the Chief Medical Director or the Under Secretary for Benefits, the Director, Contr...
• 18a.5: The General Counsel is delegated the responsibility, upon receipt of information from the Under Secr...
• 18b.1: The rules of procedure in this part supplement §§ 18.9 and 18.10 of this chapter and gove...
• 18b.2: The term reviewing authority means the Secretary of Veterans Affairs, or any person or persons actin...
• 18b.9: The definitions contained in § 18.13 of this chapter apply to this part, unless the context ot...
• 18b.10: All pleadings, correspondence, exhibits, transcripts of testimony, exceptions, briefs, decisions, an...
• 18b.11: As used in this part, words importing the singular number may extend and be applied to several perso...
• 18b.12: Upon notice to all parties, the reviewing authority or the presiding officer, with respect to matter...
• 18b.13: A party may appear in person or by counsel and participate fully in any proceeding. A State agency o...
• 18b.14: Any individual acting in any proceeding may be required to show authority to act in such capacity.
• 18b.15: Disrespectful, disorderly, or contumacious language or contemptuous conduct, refusal to comply with ...
• 18b.16: The term party shall include an applicant or recipient or other person to whom a notice of hearing o...
• 18b.17: (a) Any interested person or organization may file a petition to participate in a proceeding as an ...
• 18b.18: A person submitting a complaint pursuant to § 18.7(b) of this chapter is not a party to the pr...
• 18b.20: Documents to be filed shall be dated, the original signed in ink, shall show the docket description ...
• 18b.21: The signature of a party, authorized officer, employee, or attorney constitutes a certificate that o...
• 18b.22: All notices by a Department of Veterans Affairs official, and all written motions, requests, petitio...
• 18b.23: Service shall be made by personal delivery of one copy to each person to be served or by mailing by ...
• 18b.24: The date of service shall be the day when the matter is deposited in the U.S. mail or is delivered i...
• 18b.25: The original of every document filed and required to be served upon parties to a proceeding shall be...
• 18b.26: In computing any period of time under the rules in this part or in an order issued hereunder, the ti...
• 18b.27: Requests for extension of time should be served on all parties and should set forth the reasons for ...
• 18b.28: For good cause, the reviewing authority or the presiding officer, with respect to matters pending be...
• 18b.30: Proceedings are commenced by mailing a notice of hearing or opportunity for hearing to an affected a...
• 18b.31: The respondent, applicant or recipient may file an answer to the notice within 20 days after service...
• 18b.32: The General Counsel may amend the notice of hearing or opportunity for hearing once as a matter of c...
• 18b.33: Within 20 days after service of a notice of opportunity for hearing which does not fix a date for he...
• 18b.34: The reviewing authority may provide for proceedings in the Department of Veterans Affairs to be join...
• 18b.35: Motions and petitions shall state the relief sought, the authority relied upon, and the facts allege...
• 18b.36: Within 8 days after a written motion or petition is served, or such other period as the reviewing au...
• 18b.37: The reviewing authority or the presiding officer may not sustain or grant a written motion or petiti...
• 18b.40: An administrative law judge assigned under 5 U.S.C. 3105 or 3344 (formerly section 11 of the Admini...
• 18b.41: The designation of the administrative law judge as presiding officer shall be in writing, and shall ...
• 18b.42: The presiding officer shall have the duty to conduct a fair hearing, to take all necessary action to...
• 18b.50: The presiding officer may require parties and amici curiae to file written statements of position pr...
• 18b.51: (a) The hearing is directed to receiving factual evidence and expert opinion testimony related to t...
• 18b.52: Testimony shall be given orally under oath or affirmation by witnesses at the hearing; but the presi...
• 18b.53: Proposed exhibits shall be exchanged at the prehearing conference, or otherwise prior to the hearing...
• 18b.54: An affidavit is not inadmissible as such. Unless the presiding officer fixes other time periods affi...
• 18b.55: Upon such terms as may be just, for the convenience of the parties or of the Department of Veterans ...
• 18b.56: Not later than 15 days prior to the scheduled date of the hearing except for good cause shown or pri...
• 18b.57: Irrelevant, immaterial, unreliable, and unduly repetitious evidence will be excluded.
• 18b.58: A witness may be cross-examined on any matter material to the proceeding without regard to the scope...
• 18b.59: Letters expressing views or urging action and other unsponsored written material regarding matters i...
• 18b.60: Objections to evidence shall be timely and briefly state the ground relied upon.
• 18b.61: Exceptions to rulings of the presiding officer are unnecessary. It is sufficient that a party, at th...
• 18b.62: Where official notice is taken or is to be taken of a material fact not appearing in the evidence of...
• 18b.63: Whenever there is offered (in whole or in part) a public document, such as an official report, decis...
• 18b.64: An offer of proof made in connection with an objection taken to any ruling of the presiding officer ...
• 18b.65: Rulings of the presiding officer may not be appealed to the reviewing authority prior to considerati...
• 18b.66: The Department of Veterans Affairs will designate the official reporter for all hearings. The offici...
• 18b.67: The transcript of testimony, exhibits, and all papers and requests filed in the proceedings, except ...
• 18b.70: (a) The presiding officer shall fix the time for filing posthearing briefs, which may contain propo...
• 18b.71: When the time for submission of posthearing briefs has expired, the presiding officer shall certify ...
• 18b.72: Within 20 days after the mailing of an initial or recommended decision, any party may file exception...
• 18b.73: (a) Where the hearing is conducted by a hearing examiner who makes an initial decision, if no excep...
• 18b.74: (a) If any party desires to argue a case orally on exceptions or replies to exceptions to an initia...
• 18b.75: Within 20 days after an initial decision becomes a final decision pursuant to § 18b.73(a) , or...
• 18b.76: All briefs, exceptions, memoranda, requests, and decisions referred to in §§ 18b.70 throu...
• 18b.77: (a) The final decision of the administrative law judge or reviewing authority that a school or trai...
• 18b.90: Parties and their representatives are expected to conduct themselves with honor and dignity and obse...
• 18b.91: With respect to any proceeding it is improper for any interested person to attempt to sway the judgm...
• 18b.92: Only persons employed by or assigned to work with the reviewing authority who perform no investigati...
• 18b.93: Requests for expeditious treatment of matters pending before the reviewing authority or the presidin...
• 18b.94: A request for information which merely inquires about the status of a proceeding without discussing ...
• 18b.95: A prohibited communication in writing received by the Secretary, the reviewing authority, or by the ...
• 25.1: Regulations and procedures for complying with the Uniform Relocation Assistance and Real Property Ac...
• 26.1: The purpose of this part is to implement the National Environmental Policy Act (NEPA) of 1969 as ame...
• 26.2: This part applies to VA, its administrations and staff offices.
• 26.3: (a) United States means all States, territories, and possessions of the United States and all water...
• 26.4: (a) VA must act with care in carrying out its mission of providing services for veterans to ensure ...
• 26.5: (a) The Director of the Office of Environmental Affairs shall: (1) Be responsible to coordinate ...
• 26.6: (a) Environmental Impact Statements. The head of each VA element shall include a detailed written s...
• 26.7: (a) Relevant environmental documents shall accompany other decision documents as they proceed throu...
• 26.8: (a) The CEQ Regulations ( 40 CFR 1501.2(d) ) provide for advising of private applicants or other no...
• 26.9: (a) During the preparation of environmental documents, the responsible VA element shall include the...
• 38.600: (a) [Reserved] (b) Definitions. For purposes of §§ 38.617 and 38.618 : Appropriate St...
• 38.601: Responsibilities in connection with Committee authorized by 38 U.S.C. chapter 24 are as follows: (...
• 38.602: (a) Responsibility. The Secretary is responsible for naming national cemeteries. The Under Secretar...
• 38.603: (a) Gifts and donations will be accepted only after it has been determined that the donor has a cle...
• 38.617: (a) Persons prohibited. The interment in a national cemetery under control of the National Cemetery...
• 38.618: (a) Inquiry. With respect to a request for interment or memorialization, if a cemetery director has...
• 38.620: The following is a list of those individuals who are eligible for burial in a national cemetery: (...
• 38.621: (a) Interments of eligible decedents in national cemeteries are considered permanent and final. Dis...
• 38.629: (a) Definitions— Outer burial receptacle. For purposes of this section, an outer burial rece...
• 38.630: (a) Types of Government headstones and markers and inscriptions will be in accordance with policies...
• 38.631: (a) VA will furnish an appropriate Government headstone or marker for the grave of a decedent descr...
• 38.632: (a) General. This section contains procedures for ordering a Government-furnished headstone or mark...
• 38.633: (a) Definitions of terms. For the purpose of this section, the following definitions apply: (1) ...
• 39.60:
• 39.61:
• 39.62:
• 39.63:
• 40.1: (a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review ...
• 40.2: For the purposes of §§ 40.1 through 40.13, the following definitions apply: (a) VA mean...
• 40.3: The Secretary publishes in the Federal Register a list of VA's programs and activities that are subj...
• 40.4: (a) The Secretary provides opportunities for consultation by elected officials of those State and l...
• 40.5: The Secretary, to the extent practicable, consults with and seeks advice from all other substantiall...
• 40.6: (a) A State may select any program or activity published in the Federal Register in accordance with...
• 40.7: The Secretary provides notice to directly affected State, areawide, regional, and local entities in ...
• 40.8: (a) Except in unusual circumstances, the Secretary gives State processes or State, areawide, region...
• 40.9: (a) The Secretary follows the procedures in § 40.10 if: (1) A State office or official is ...
• 40.10: (a) If a State process provides a State process recommendation to VA through its single point of co...
• 40.11: (a) The Secretary is responsible for: (1) Identifying proposed Federal financial assistance and ...
• 40.13: In an emergency, the Secretary may waive any provision of these regulations.
• 42.1: (a) Basis. This part implements the Program Fraud Civil Remedies Act of 1986, Pub. L. 99-509, 6101-...
• 42.2: For the purposes of this part, the following definitions apply: ALJ means an Administrative Law Jud...
• 42.3: (a) Claims. (1) Except as provided in paragraph (c) of this section, any person who makes a claim t...
• 42.4: (a) All allegations of liability under § 42.3 shall be promptly referred to the investigating...
• 42.5: (a) The report of the investigating official will be examined by the reviewing official to determin...
• 42.6: (a) The reviewing official may issue a complaint under § 42.7 of this part only if— ...
• 42.7: (a) On or after the date the Department of Justice approves the issuance of a complaint in accordan...
• 42.8: (a) Service of a complaint must be made by certified or registered mail or by delivery in any manne...
• 42.9: (a) The defendant may request a hearing by filing an answer with the reviewing official within 30 d...
• 42.10: (a) If the defendant does not file an answer within the time prescribed in § 42.9(a) of this ...
• 42.11: Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ.
• 42.12: (a) When the ALJ receives the complaint and answer, the ALJ shall promptly serve a notice of hearin...
• 42.13: (a) The parties to the hearing shall be the defendant and the Department of Veterans Affairs. (b)...
• 42.14: (a) The investigating official, the reviewing official, and any employee or agent of the Department...
• 42.15: No party or person (except employees of the ALJ's office) shall communicate in any way with the ALJ ...
• 42.16: (a) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time....
• 42.17: Except as otherwise limited by this part, all parties may— (a) Be accompanied, represented,...
• 42.18: (a) The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure tha...
• 42.19: (a) The ALJ may schedule prehearing conferences as appropriate. (b) Upon the motion of any party,...
• 42.20: (a) Upon written request to the reviewing official, the defendant may review any relevant and mater...
• 42.21: (a) The following types of discovery are authorized: (1) Requests for production of documents fo...
• 42.22: (a) At least 15 days before the hearing or at such other time as may be ordered by the ALJ, the par...
• 42.23: (a) A party wishing to procure the appearance and testimony of any individual at the hearing may re...
• 42.24: (a) A party or a prospective witness or deponent may file a motion for a protective order with resp...
• 42.25: The party requesting a subpoena shall pay the cost of the fees and mileage of any witnesses subpoena...
• 42.26: (a) Form. (1) Documents filed with the ALJ shall include an original and two copies. (2) Every p...
• 42.27: (a) In computing any period of time under this part or in an order issued thereunder, the time begi...
• 42.28: (a) Any application to the ALJ for an order or ruling shall be by motion. Motions shall state the r...
• 42.29: (a) The ALJ may sanction a person, including any party or representative for— (1) Failing...
• 42.30: (a) The ALJ shall conduct a hearing on the record in order to determine whether the defendant is li...
• 42.31: (a) In determining an appropriate amount of civil penalties and assessments, the ALJ and the Secret...
• 42.32: (a) The hearing may be held— (1) In any judicial district of the United States in which t...
• 42.33: (a) Except as provided in paragraph (b) of this section, testimony at the hearing shall be given or...
• 42.34: (a) The ALJ shall determine the admissibility of evidence. (b) Except as provided in this part, t...
• 42.35: (a) The hearing will be recorded and transcribed. Transcripts may be obtained following the hearing...
• 42.36: The ALJ may require the parties to file post-hearing briefs. In any event, any party may file a post...
• 42.37: (a) The ALJ shall issue an initial decision based only on the record, which shall contain findings ...
• 42.38: (a) Except as provided in paragraph (d) of this section, any party may file a motion for reconsider...
• 42.39: (a) Any defendant who has filed a timely answer and who is determined in an initial decision to be ...
• 42.40: If at any time the Attorney General or Assistant Attorney General designated by the Attorney General...
• 42.41: (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration...
• 42.42: Section 3805 of title 31 U.S.C., authorizes judicial review by an appropriate United States District...
• 42.43: Sections 3806 and 3808(b) of title 31 U.S.C., authorizes actions for collection of civil penalties a...
• 42.44: The amount of any penalty or assessment which has become final, or for which a judgment has been ent...
• 42.45: All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Trea...
• 42.46: (a) Parties may make offers of compromise or settlement at any time. (b) The reviewing official h...
• 42.47: (a) The notice of hearing with respect to a claim or statement must be served in the manner specifi...
• 47.1: (a) Dentist means a doctor of dental surgery or dental medicine legally authorized to practice dent...
• 47.2: It is the policy of VA to report to State Licensing Boards any currently employed licensed health ca...
• 53.1: In accordance with the provisions of 38 U.S.C. 1744 , this part sets forth the mechanism for a State...
• 53.2: For the purpose of this part: Nurse means an individual who is a registered nurse, a licensed pract...
• 53.10: The Chief Consultant, Geriatrics and Extended Care, will make all determinations regarding payments ...
• 53.11: (a) VA will make payment under this part to a State for an employee incentive program to reduce the...
• 53.20: (a) To apply for payments during a Federal fiscal year, a State representative must submit to VA, i...
• 53.30: (a) The amount of payments awarded under this part during a Federal fiscal year will be the amount ...
• 53.31: (a) A State receiving payment under this part shall provide to VA a report setting forth in detail ...
• 53.32: If a State fails to use the funds provided under this part for the purpose for which payment was mad...
• 53.40: All submissions of information and documents required to be presented to VA must be made to the Chie...
• 53.41: If the Chief Consultant, Geriatrics and Extended Care, determines that a submission from a State fai...
• 58.10:
• 58.11:
• 58.12:
• 58.13:
• 58.14:
• 58.15:
• 58.16:
• 58.17:
• 58.18:
• 59.1: This part sets forth the mechanism for a State to obtain a grant: (a) To construct State home faci...
• 59.2: For the purpose of this part: Acquisition means the purchase of a facility in which to establish a ...
• 59.3: Once VA has provided the State representative with a Federal Application Identifier Number for a pro...
• 59.4: The decisionmaker for decisions required under this part will be the Chief Consultant, Geriatrics an...
• 59.5: All submissions of information and documents required to be presented to VA must be made, unless oth...
• 59.10: For a State to obtain a grant under this part and grant funds, its initial application for the grant...
• 59.20: (a) For a project to be considered for inclusion on the priority list in § 59.50 of this part...
• 59.30: For a State to obtain a grant and grant funds under this part, the State must submit to VA documenta...
• 59.40: (a) Except as provided in paragraph (b) of this section, a state may not request a grant for a proj...
• 59.50: (a) The Secretary will make a list prioritizing the applications that were received on or before Au...
• 59.60: For a project to be eligible for a grant under this part for the fiscal year for which the priority ...
• 59.70: (a) The Secretary, during the fiscal year for which a priority list is made under this part, will: ...
• 59.80: (a) The total cost of a project (VA and State) for which a grant is awarded under this part may not...
• 59.90: After a grant has been awarded, upon request from the State representative, VA may approve a change ...
• 59.100: The amount of the grant award will be paid to the State or, if designated by the State representativ...
• 59.110: If a facility for which a grant has been awarded ceases to be operated as a State home for the purpo...
• 59.120: If the Secretary determines that a submission from a State does not meet the requirements of this pa...
• 59.121: Any amendment of an application that changes the scope of the application or changes the cost estima...
• 59.122: A State representative may withdraw an application by submitting to VA a written document requesting...
• 59.123: At any time, VA may recommend that a conference (such as a design development conference) be held in...
• 59.124: (a) A State will allow VA inspectors and auditors to conduct inspections and audits as necessary to...
• 59.130: As a condition for receiving a grant and grant funds under this part, States must comply with the re...
• 59.140: As a condition for receiving a grant and grant funds for a nursing home facility under this part, St...
• 59.150: As a condition for receiving a grant and grant funds for a domiciliary under this part, the domicili...
• 59.160: As a condition for receiving a grant and grant funds under this part for an adult day health care fa...
• 59.170: All forms required by this part are available on the internet at “ http:/www.va.gov/forms/&#x...
• 60.1: This part sets forth requirements regarding the use of Fisher Houses and other temporary lodging by ...
• 60.2: For the purposes of this part: C&P examination means an examination requested by VA's Compensation ...
• 60.3: The following are eligible to stay in temporary lodging subject to the conditions of this part: (a...
• 60.4: To obtain temporary lodging under this part, a veteran must make an application to the person respon...
• 60.5: As a condition for receiving temporary lodging under this part, a veteran must be required to travel...
• 60.6: As a condition for receiving temporary lodging under this part, the veteran must be medically stable...
• 60.7: Temporary lodging may be furnished to eligible persons in connection with care or C&P examinations p...
• 60.8: Fisher Houses are available solely for temporary lodging under this part. Non-utilized beds and room...
• 60.9: Except as otherwise provided in this part, the person responsible for coordinating the temporary lod...
• 60.10: Costs for temporary lodging under this part shall be borne by VA.
• 61.1: For purposes of this part: Area or community means a political subdivision or contiguous political ...
• 61.10: (a) VA provides capital grants to public or nonprofit private entities so they can assist homeless ...
• 61.11: (a) To apply for a capital grant, an applicant must obtain from VA a capital grant application pack...
• 61.12: To be eligible for a capital grant, an applicant must meet the following threshold requirements: (...
• 61.13: (a) Applicants that meet the threshold requirements in § 61.12 of this part, will then be rat...
• 61.14: (a) Applicants will first be grouped in categories according to the funding priorities set forth in...
• 61.15: (a) Each applicant who has been conditionally selected for a capital grant will be requested by VA ...
• 61.16: The amount of a capital grant may not exceed 65 percent of the total cost of the project for which t...
• 61.17: (a) As a condition for obtaining a capital grant for supportive housing or a fixed site service cen...
• 61.20: (a) This section sets forth provisions for obtaining a Life Safety Code capital grant under 38 U.S....
• 61.30: VA provides per diem funds to capital grant recipients or to entities eligible to receive a capital ...
• 61.31: (a) To apply for per diem, a capital grant recipient need only indicate the intent to receive per d...
• 61.32: (a) Applications from non-capital grant recipients in response to a Notice of Fund Availability wil...
• 61.33: (a) A capital grant recipient meeting the application requirements as outlined in § 61.31(a) ...
• 61.40: (a) VA provides special needs grants to capital grant and per diem recipients under this part to as...
• 61.41: (a) To apply for a special needs grant, an applicant must obtain from VA a special needs grant appl...
• 61.42: To be eligible for a special needs grant, an applicant must meet the following threshold requirement...
• 61.43: (a) Applicants that meet the threshold requirements in § 61.42 of this part, will then be rat...
• 61.44: (a) Applicants will first be grouped in categories according to the funding priorities set forth in...
• 61.50: VA provides grants to entities or organizations with expertise in preparing grant applications relat...
• 61.51: (a) To apply for a technical assistance grant under this part, an applicant must obtain from VA a t...
• 61.52: To be eligible for a technical assistance grant, an applicant must meet the following threshold requ...
• 61.53: (a) Applicants that meet the threshold requirements in § 61.52 of this part, will then be rat...
• 61.54: (a) Applicants will first be grouped in categories according to the funding priorities set forth in...
• 61.55: Each recipient of a technical assistance grant must submit to VA, quarterly, a report describing the...
• 61.60: When funds are made available for capital grants, per diem for non-capital grant recipients, special...
• 61.61: (a) When an applicant for a capital grant, per diem, a special needs grant, or a technical assistan...
• 61.62: (a) Except as provided in paragraphs (b) through (d) of this section, a recipient may not make any ...
• 61.63: If an application would have been selected but for a procedural error committed by VA, VA will selec...
• 61.64: (a) Organizations that are religious or faith-based are eligible, on the same basis as any other or...
• 61.65: VA may inspect the facility and any records of an entity applying for or receiving assistance under ...
• 61.66: (a) All recipients shall comply with applicable requirements of the Single Audit Act Amendments of ...
• 61.67: (a) If after 3 years from the date of award of a capital grant, the grant recipient has withdrawn f...
• 61.80: (a) Supportive housing and service centers for which assistance is provided under this part must: ...
• 61.81: Recipients of capital grants and per diem under this part relating to supportive housing or service ...
• 61.82: (a) Each resident of supportive housing may be required to pay rent in an amount determined by the ...
• 70.1: (a) This part provides a mechanism under 38 U.S.C. 111 for the Veterans Health Administration (VHA)...
• 70.2: For purposes of this part: Attendant means an individual traveling with a beneficiary who is eligib...
• 70.3: For each fiscal year, the Secretary of Veterans Affairs will determine whether funds are available f...
• 70.4: (a) VA will approve payment for beneficiary travel under this part if: (1) The travel was made t...
• 70.10: (a) The following listed persons are eligible for beneficiary travel payments under this part: (...
• 70.20: (a) A claimant may apply for beneficiary travel orally or in writing but must provide VA the receip...
• 70.21: Claimants for beneficiary travel must submit the information required in § 70.20 to the Chief ...
• 70.30: (a) Subject to the other provisions of this section and subject to the deductibles required under ...
• 70.31: (a) VA shall deduct an amount established by the Secretary for each one-way trip from the amount ot...
• 70.32: (a) Payment will be made on a reimbursement basis after the travel has occurred, except that: (1...
• 70.40: Upon denial of an initial claim for beneficiary travel, VA will provide the claimant written notice ...
• 70.41: Payments for beneficiary travel made to persons ineligible for such payment are subject to recapture...
• 70.42: A person who makes a false statement for the purpose of obtaining payments for beneficiary travel ma...
• 70.50: Printed reduced-fare requests for use by eligible beneficiaries and their attendants when traveling ...
• 74.1: For the purposes of part 74 , the following definitions apply. Center for Veterans Enterprise (CVE...
• 74.2: (a) Ownership and control. A small business concern must be unconditionally owned and controlled by...
• 74.3: An applicant or participant must be at least 51 percent unconditionally and directly owned by one or...
• 74.4: (a) Control means both the day-to-day management and long-term decision-making authority for the VO...
• 74.5: The Center for Veterans Enterprise applies the affiliation rules established by the Small Business A...
• 74.10: An application for VetBiz VIP Verification status must be electronically filed in the Vendor Informa...
• 74.11: (a) The Director, Center for Veterans Enterprise, is authorized to approve or deny applications for...
• 74.12: Each VetBiz VIP Verification applicant must submit the electronic forms and attachments CVE requires...
• 74.13: (a) An applicant may request that the Director, CVE, reconsider his or her decision to deny an appl...
• 74.14: Once an application, a request for reconsideration, or an appeal to a cancellation notice, as applic...
• 74.15: (a) A participant receives an eligibility term of 1 year from the date of CVE's approval letter est...
• 74.20: (a) General. A verification examination is an investigation by CVE officials, which verifies the ac...
• 74.21: A participant may: (a) Voluntarily cancel its status by submitting a written request to CVE reques...
• 74.22: (a) General. When CVE believes that a participant's verified status should be cancelled prior to th...
• 74.25: In order to establish owner eligibility, the Department will collect individual names and Social Sec...
• 74.26: VA will examine a variety of business records. See § 74.12 , “What is a verification ex...
• 74.27: VA intends to store records provided to complete the VetBiz Vendor Information Pages registration fu...
• 74.28: Personnel from the Department of Veterans Affairs, Center for Veterans Enterprise and its agents, in...
• 74.29: The records, including those pertaining to businesses not determined to be eligible for the program,...
• 200.1: These regulations set out AFRH environmental policy and provide direction for carrying out the proce...
• 200.2: (a) The NEPA and the Council on Environmental Quality regulations implementing the procedural requi...
• 200.3: (a) The COO is the AFRH NEPA official responsible for compliance with NEPA for AFRH actions. The CO...
• 200.4: (a) Classification of AFRH actions. (1) All AFRH proposed actions typically fall into one of the fo...
• 200.5: (a) To the maximum extent feasible, NEPA review shall be coordinated with review of proposed action...
• 200.6: (a) As part of its system for NEPA compliance, the COO and the Master Planner shall provide for lev...
• 200.7: (a) Federal agencies with jurisdiction by law will be invited to serve as cooperating agencies and ...
• 200.8: (a) AFRH may participate in the NEPA process as a cooperating agency for another lead agency's proj...