38 CFR Part 1
PART 1—GENERAL PROVISIONS
- PART 1—GENERAL PROVISIONS
- Chapter I—Department of Veterans Affairs
- Department of Veterans Affairs Official Seal and Distinguishing Flag
- § 1.9 Description, use, and display of VA seal and flag.
- The United States Flag for Burial Purposes
- § 1.10 Eligibility for and disposition of the United States flag for burial purposes.
- Quarters for Department of Veterans Affairs Employees Overseas
- § 1.11 Quarters for Department of Veterans Affairs employees in Government-owned or -rented buildings overseas.
- Program Evaluation
- § 1.15 Standards for program evaluation.
- § 1.17 Evaluation of studies relating to health effects of radiation exposure.
- § 1.18 Guidelines for establishing presumptions of service connection for former prisoners of war.
- Referrals of Information Regarding Criminal Violations
- § 1.200 Purpose.
- § 1.201 Employee's duty to report.
- § 1.203 Information to be reported to VA Police.
- § 1.204 Information to be reported to the Office of Inspector General.
- § 1.205 Notification to the Attorney General or United States Attorney's Office.
- Security and Law Enforcement at Department of Veterans Affairs Facilities
- § 1.218 Security and law enforcement at VA facilities.
- § 1.220 On-site activities by pharmaceutical company representatives at VA medical facilities.
- Parking Fees at VA Medical Facilities
- § 1.300 Purpose.
- § 1.301 Definitions.
- § 1.302 Applicability and scope.
- § 1.303 Policy.
- Release of Information From Department of Veterans Affairs (VA) Records Relating to Drug Abuse, Alcoholism or Alcohol Abuse, Infection With the Human Immunodeficiency Virus (HIV), or Sickle Cell Anemia
- § 1.460 Definitions.
- § 1.461 Applicability.
- § 1.462 Confidentiality restrictions.
- § 1.463 Criminal penalty for violations.
- § 1.464 Minor patients.
- § 1.465 Incompetent and deceased patients.
- § 1.466 Security for records.
- § 1.467 Restrictions on the use of identification cards and public signs.
- § 1.468 Relationship to Federal statutes protecting research subjects against compulsory disclosure of their identity.
- § 1.469 Patient access and restrictions on use.
- §§ 1.470-1.474 [Reserved]
- Disclosures With Patient's Consent
- § 1.475 Form of written consent.
- § 1.476 Prohibition on redisclosure.
- § 1.477 Disclosures permitted with written consent.
- § 1.478 Disclosures to prevent multiple enrollments in detoxification and maintenance treatment programs; not applicable to records relating to sickle cell anemia or infection with the human immunodeficiency virus.
- § 1.479 Disclosures to elements of the criminal justice system which have referred patients.
- § 1.480 [Reserved]
- Disclosures Without Patient Consent
- § 1.481 Disclosure of medical records of veterans who receive non-VA health care.
- § 1.482 Disclosure of medical records to recover or collect reasonable charges.
- § 1.483 Disclosure of information to participate in state prescription drug monitoring programs.
- § 1.484 Disclosure of medical information to the surrogate of a patient who lacks decision-making capacity.
- § 1.485 Medical emergencies.
- § 1.485a Eye, organ and tissue donation.
- § 1.486 Disclosure of information related to infection with the human immunodeficiency virus to public health authorities.
- § 1.487 Disclosure of information related to infection with the human immunodeficiency virus to the spouse or sexual partner of the patient.
- § 1.488 Research activities.
- § 1.489 Audit and evaluation activities.
- Court Orders Authorizing Disclosures and Use
- § 1.490 Legal effect of order.
- § 1.491 Confidential communications.
- § 1.492 Order not applicable to records disclosed without consent to researchers, auditors and evaluators.
- § 1.493 Procedures and criteria for orders authorizing disclosures for noncriminal purposes.
- § 1.494 Procedures and criteria for orders authorizing disclosure and use of records to criminally investigate or prosecute patients.
- § 1.495 Procedures and criteria for orders authorizing disclosure and use of records to investigate or prosecute VA or employees of VA.
- § 1.496 Orders authorizing the use of undercover agents and informants to criminally investigate employees or agents of VA.
- §§ 1.497-1.499 [Reserved]
- Release of Information From Department of Veterans Affairs Claimant Records
- § 1.500 General.
- § 1.501 Release of information by the Secretary.
- § 1.502 Disclosure of the amount of monetary benefits.
- § 1.503 Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone.
- § 1.504 Disclosure of information to a widow, child, or other claimant.
- § 1.505 Genealogy.
- § 1.506 Disclosure of records to Federal Government departments, State unemployment compensation agencies, and the Office of Servicemembers' Group Life Insurance.
- § 1.507 Disclosures to members of Congress.
- § 1.508 Disclosure in cases where claimants are charged with or convicted of criminal offenses.
- § 1.509 Disclosure to courts in proceedings in the nature of an inquest.
- § 1.510 Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States.
- § 1.511 Disclosure of claimant records in connection with judicial proceedings generally.
- § 1.512 Disclosure of loan guaranty information.
- § 1.513 Disclosure of information contained in Armed Forces service and related medical records in Department of Veterans Affairs custody.
- § 1.514 Disclosure to private physicians and hospitals other than Department of Veterans Affairs.
- § 1.514a Disclosure to private psychologists.
- § 1.514b Disclosures to procurement organizations.
- § 1.515 Disclosure of information to participate in state prescription drug monitoring programs.
- § 1.516 Disclosure of information to undertaker concerning burial of a deceased veteran.
- § 1.517 Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Department of Veterans Affairs.
- § 1.518 Addresses of claimants.
- § 1.519 Lists of names and addresses.
- § 1.520 Confidentiality of social data.
- § 1.521 Special restrictions concerning social security records.
- § 1.522 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant.
- § 1.523 To commanding officers of State soldiers' homes.
- § 1.524 Persons authorized to represent claimants.
- § 1.525 Inspection of records by or disclosure of information to recognized representatives of organizations and recognized attorneys.
- § 1.526 Copies of records and papers.
- § 1.527 Administrative review.
- Procedures for Disclosure of Records Under the Freedom of Information Act
- § 1.550 Purpose.
- § 1.551 Definitions.
- § 1.552 General provisions.
- § 1.553 Public reading rooms and discretionary disclosures.
- § 1.554 Requirements for making requests.
- § 1.555 Responsibility for responding to requests.
- § 1.556 Timing of responses to requests.
- § 1.557 Responses to requests.
- § 1.558 Business information.
- § 1.559 Appeals.
- § 1.560 Maintenance and preservation of records.
- § 1.561 Fees.
- § 1.562 Other rights and services.
- § 1.575 Social security numbers in veterans' benefits matters.
- § 1.576 General policies, conditions of disclosure, accounting of certain disclosures, and definitions.
- § 1.577 Access to records.
- § 1.578 [Reserved]
- § 1.579 Amendment of records.
- § 1.580 Administrative review.
- § 1.581 [Reserved]
- § 1.582 Exemptions.
- §§ 1.583-1.584 [Reserved]
- Inventions by Employees of Department of Veterans Affairs
- Expanded Access to Computerized Veterans Claims Records by Accredited Representatives
- § 1.600 Purpose.
- § 1.601 Qualifications for access.
- § 1.602 Utilization of access.
- § 1.603 Revocation and reconsideration.
- Inventions by Employees of Department of Veterans Affairs
- § 1.650 Purpose.
- § 1.651 Definitions.
- § 1.652 Criteria for determining rights to employee inventions.
- § 1.653 Delegation of authority.
- § 1.654 Patenting of inventions.
- § 1.655 Government license in invention of employee.
- § 1.656 Information to be submitted by inventor.
- § 1.657 Determination of rights.
- § 1.658 Right of appeal.
- § 1.659 Relationship to incentive awards program.
- § 1.660 Expeditious handling.
- § 1.661 Information to be kept confidential.
- § 1.662 Provisions of regulations made a condition of employment.
- § 1.663 Licensing of Government-owned inventions.
- §§ 1.664-1.666 [Reserved]
- Administrative Control of Funds
- § 1.670 Purpose.
- § 1.671 Definitions.
- § 1.672 Responsibilities.
- § 1.673 Responsibility for violations of the administrative subdivision of funds.
- Use of Official Mail in the Location and Recovery of Missing Children
- § 1.700 Purpose.
- § 1.701 Contact person for missing children official mail program.
- § 1.702 Policy.
- § 1.703 Percentage estimate.
- § 1.704 [Reserved]
- § 1.705 Restrictions on use of missing children information.
- Homeless Claimants
- § 1.710 Homeless claimants: Delivery of benefit payments and correspondence.
- §§ 1.780-1.783 [Reserved]
- Part-Time Career Employment Program
- § 1.891 Purpose of program.
- § 1.892 Review of positions.
- § 1.893 Establishing and converting part-time positions.
- § 1.894 Annual goals and timetables.
- § 1.895 Review and evaluation.
- § 1.896 Publicizing vacancies.
- § 1.897 Exceptions.
- Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and Referral of Civil Claims for Money or Property
- § 1.900 Prescription of standards.
- § 1.901 No private rights created.
- § 1.902 Antitrust, fraud, and tax and interagency claims.
- § 1.903 Settlement, waiver, or compromise under other statutory or regulatory authority.
- § 1.904 Form of payment.
- § 1.905 Subdivision of claims not authorized.
- § 1.906 Required administrative proceedings.
- § 1.907 Definitions.
- Standards for Collection of Claims
- § 1.910 Aggressive collection action.
- § 1.911 Collection of debts owed by reason of participation in a benefits program.
- § 1.911a Collection of non-benefit debts.
- § 1.912 Collection by offset.
- § 1.912a Collection by offset—from VA benefit payments.
- § 1.913 Liquidation of collateral.
- § 1.914 Collection in installments.
- § 1.915 Interest, administrative costs, and penalties.
- § 1.916 Disclosure of debt information to consumer reporting agencies (CRA).
- § 1.917 Contracting for collection services.
- § 1.918 Use and disclosure of mailing addresses.
- § 1.919 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund, Federal Employees Retirement System (FERS), final salary check, and lump sum leave payments.
- § 1.920 Referral of VA debts.
- § 1.921 Analysis of costs.
- § 1.922 Exemptions.
- § 1.923 Administrative wage garnishment.
- § 1.924 Suspension or revocation of eligibility for federal loans, loan insurance, loan guarantees, licenses, permits, or privileges.
- § 1.929 Reduction of debt through performance of work-study services.
- Standards for Compromise of Claims
- § 1.930 Scope and application.
- § 1.931 Bases for compromise.
- § 1.932 Enforcement policy.
- § 1.933 Joint and several liability.
- § 1.934 Further review of compromise offers.
- § 1.935 Consideration of tax consequences to the Government.
- § 1.936 Mutual releases of the debtor and VA.
- Standards for Suspending or Terminating Collection Action
- § 1.940 Scope and application.
- § 1.941 Suspension of collection activity.
- § 1.942 Termination of collection activity.
- § 1.943 Exception to termination.
- § 1.944 Discharge of indebtedness; reporting requirements.
- § 1.945 Authority to suspend or terminate collection action on certain benefit indebtedness; authority for refunds.
- Referrals to GAO, Department of Justice, or IRS
- § 1.950 Prompt referral.
- § 1.951 Claims Collection Litigation Report (CCLR).
- § 1.952 Preservation of evidence.
- § 1.953 Minimum amount of referrals to the Department of Justice.
- § 1.955 Regional office Committees on Waivers and Compromises.
- § 1.956 Jurisdiction.
- § 1.957 Committee authority.
- § 1.958 Finality of decisions.
- § 1.959 Records and certificates.
- § 1.960 Legal and technical assistance.
- § 1.961 Releases.
- § 1.962 Waiver of overpayments.
- § 1.963 Waiver; other than loan guaranty.
- § 1.963a Waiver; erroneous payments of pay and allowances.
- § 1.964 Waiver; loan guaranty.
- § 1.965 Application of standard.
- § 1.966 Scope of waiver decisions.
- § 1.967 Refunds.
- § 1.968 [Reserved]
- § 1.969 Revision of waiver decisions.
- § 1.970 Standards for compromise.
- Salary Offset Provisions
- § 1.980 Scope.
- § 1.981 Definitions.
- § 1.982 Salary offsets of debts involving benefits under the laws administered by VA.
- § 1.983 Notice requirements before salary offsets of debts not involving benefits under the laws administered by VA.
- § 1.984 Request for a hearing.
- § 1.985 Form, notice of, and conduct of hearing.
- § 1.986 Result if employee fails to meet deadlines.
- § 1.987 Review by the hearing official or administrative law judge.
- § 1.988 Written decision following a hearing requested under § 1.984.
- § 1.989 Review of VA records related to the debt.
- § 1.990 Written agreement to repay debt as alternative to salary offset.
- § 1.991 Procedures for salary offset: when deductions may begin.
- § 1.992 Procedures for salary offset.
- § 1.993 Non-waiver of rights.
- § 1.995 Requesting recovery through centralized administrative offset.
- Procedures for Financial Institutions Regarding Garnishment of Benefit Payments After Disbursement
- § 1.1000 Garnishment of payments after disbursement.
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