38 CFR Part 1 - PART 1—GENERAL PROVISIONS

  1. Department of Veterans Affairs Official Seal and Distinguishing Flag (§ 1.9)
    1. § 1.9 Description, use, and display of VA seal and flag.
  2. Parking Fees at VA Medical Facilities (§§ 1.300 - 1.303)
    1. § 1.300 Purpose.
    2. § 1.301 Definitions.
    3. § 1.302 Applicability and scope.
    4. § 1.303 Policy.
  3. 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 (§ - )
  4. § 1.460 Definitions.
  5. § 1.461 Applicability.
  6. § 1.462 Confidentiality restrictions.
  7. § 1.463 Criminal penalty for violations.
  8. § 1.464 Minor patients.
  9. § 1.465 Incompetent and deceased patients.
  10. § 1.466 Security for records.
  11. § 1.467 Restrictions on the use of identification cards and public signs.
  12. § 1.468 Relationship to Federal statutes protecting research subjects against compulsory disclosure of their identity.
  13. § 1.469 Patient access and restrictions on use.
  14. §§ 1.470-1.474 [Reserved]
  15. Release of Information From Department of Veterans Affairs Claimant Records (§ - )
  16. § 1.500 General.
  17. § 1.501 Release of information by the Secretary.
  18. § 1.502 Disclosure of the amount of monetary benefits.
  19. § 1.503 Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone.
  20. § 1.504 Disclosure of information to a widow, child, or other claimant.
  21. § 1.505 Genealogy.
  22. § 1.506 Disclosure of records to Federal Government departments, State unemployment compensation agencies, and the Office of Servicemembers' Group Life Insurance.
  23. § 1.507 Disclosures to members of Congress.
  24. § 1.508 Disclosure in cases where claimants are charged with or convicted of criminal offenses.
  25. § 1.509 Disclosure to courts in proceedings in the nature of an inquest.
  26. § 1.510 Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States.
  27. § 1.511 Disclosure of claimant records in connection with judicial proceedings generally.
  28. § 1.512 Disclosure of loan guaranty information.
  29. § 1.513 Disclosure of information contained in Armed Forces service and related medical records in Department of Veterans Affairs custody.
  30. § 1.514 Disclosure to private physicians and hospitals other than Department of Veterans Affairs.
  31. § 1.514a Disclosure to private psychologists.
  32. § 1.514b Disclosures to procurement organizations.
  33. § 1.515 Disclosure of information to participate in state prescription drug monitoring programs.
  34. § 1.516 Disclosure of information to undertaker concerning burial of a deceased veteran.
  35. § 1.517 Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Department of Veterans Affairs.
  36. § 1.518 Addresses of claimants.
  37. § 1.519 Lists of names and addresses.
  38. § 1.520 Confidentiality of social data.
  39. § 1.521 Special restrictions concerning social security records.
  40. § 1.522 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant.
  41. § 1.523 To commanding officers of State soldiers' homes.
  42. § 1.524 Persons authorized to represent claimants.
  43. § 1.525 Inspection of records by or disclosure of information to recognized representatives of organizations and recognized attorneys.
  44. § 1.526 Copies of records and papers.
  45. § 1.527 Administrative review.
  46. Safeguarding Personal Information in Department of Veterans Affairs Records (§ - )
  47. § 1.575 Social security numbers in veterans' benefits matters.
  48. § 1.576 General policies, conditions of disclosure, accounting of certain disclosures, and definitions.
  49. § 1.577 Access to records.
  50. § 1.578 [Reserved]
  51. § 1.579 Amendment of records.
  52. § 1.580 Administrative review.
  53. § 1.581 [Reserved]
  54. § 1.582 Exemptions.
  55. §§ 1.583-1.584 [Reserved]
  56. Inventions by Employees of Department of Veterans Affairs (§ - )
    Authority: Sections 1.650 to 1.666 issued under sect. 1, 66 Stat. 811, 72 Stat. 1114; 35 U.S.C. 266; 15 U.S.C. 3710a; 38 U.S.C. 501; E.O. 10096, E.O. 10930, 15 FR 389; 3 CFR 1949–1953 Comp.
  57. Expanded Access to Computerized Veterans Claims Records by Accredited Representatives (§§ 1.600 - 1.603)
    1. § 1.600 Purpose.
    2. § 1.601 Qualifications for access.
    3. § 1.602 Utilization of access.
    4. § 1.603 Revocation and reconsideration.
  58. Administrative Control of Funds (§§ 1.670 - 1.673)
    1. § 1.670 Purpose.
    2. § 1.671 Definitions.
    3. § 1.672 Responsibilities.
    4. § 1.673 Responsibility for violations of the administrative subdivision of funds.
    Source: 48 FR 30622, July 5, 1983, unless otherwise noted.
  59. Use of Official Mail in the Location and Recovery of Missing Children (§§ 1.700 - 1.705)
    1. § 1.700 Purpose.
    2. § 1.701 Contact person for missing children official mail program.
    3. § 1.702 Policy.
    4. § 1.703 Percentage estimate.
    5. § 1.704 [Reserved]
    6. § 1.705 Restrictions on use of missing children information.
    Source: 52 FR 10889, Apr. 6, 1987, unless otherwise noted.
  60. Homeless Claimants (§§ 1.710 - 1.780--1.783)
    1. § 1.710 Homeless claimants: Delivery of benefit payments and correspondence.
    2. §§ 1.780-1.783 [Reserved]
  61. Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and Referral of Civil Claims for Money or Property (§§ 1.900 - 1.907)
    1. § 1.900 Prescription of standards.
    2. § 1.901 No private rights created.
    3. § 1.902 Antitrust, fraud, and tax and interagency claims.
    4. § 1.903 Settlement, waiver, or compromise under other statutory or regulatory authority.
    5. § 1.904 Form of payment.
    6. § 1.905 Subdivision of claims not authorized.
    7. § 1.906 Required administrative proceedings.
    8. § 1.907 Definitions.
    Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, 5302, 5302A, 5314, and as noted in specific sections. Source: 32 FR 2613, Feb. 8, 1967, unless otherwise noted.
  62. Standards for Compromise of Claims (§§ 1.930 - 1.936)
    1. § 1.930 Scope and application.
    2. § 1.931 Bases for compromise.
    3. § 1.932 Enforcement policy.
    4. § 1.933 Joint and several liability.
    5. § 1.934 Further review of compromise offers.
    6. § 1.935 Consideration of tax consequences to the Government.
    7. § 1.936 Mutual releases of the debtor and VA.
    Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections. Source: 32 FR 2614, Feb. 8, 1967, unless otherwise noted.
  63. Standards for Suspending or Terminating Collection Action (§§ 1.940 - 1.945)
    1. § 1.940 Scope and application.
    2. § 1.941 Suspension of collection activity.
    3. § 1.942 Termination of collection activity.
    4. § 1.943 Exception to termination.
    5. § 1.944 Discharge of indebtedness; reporting requirements.
    6. § 1.945 Authority to suspend or terminate collection action on certain benefit indebtedness; authority for refunds.
    Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections. Source: 32 FR 2615, Feb. 8, 1967, unless otherwise noted.
  64. Procedures for Financial Institutions Regarding Garnishment of Benefit Payments After Disbursement (§ 1.1000)
    1. § 1.1000 Garnishment of payments after disbursement.
Authority:
38 U.S.C. 5101, and as noted in specific sections.
Note:

Sections 1.460 through 1.499 of this part concern the confidentiality of information relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia in VA records and are applicable in combination with other regulations pertaining to the release of information from VA records. Sections 1.500 through 1.527, Title 38, Code of Federal Regulations, implement the provisions of 38 U.S.C. §§ 5701 and 5702. Sections 1.550 through 1.559 implement the provisions of 5 U.S.C. § 552 (The Freedom of Information Act). Sections 1.575 through 1.584 implement the provisions of 5 U.S.C. § 552a (The Privacy Act of 1974).

The provisions of §§ 1.460 through 1.499 of this part pertain to any program or activity, including education, treatment, rehabilitation or research, which relates to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia. The statutory authority for the drug abuse provisions and alcoholism or alcohol abuse provisions of §§ 1.460 through 1.499 is Sec. 111 of Pub. L. 94–581, the Veterans Omnibus Health Care Act of 1976 (38 U.S.C. §§ 7331 through 7334), the authority for the human immunodeficiency virus provisions is Sec. 121 of Pub. L. 100–322, the Veterans' Benefits and Services Act of 1988 (38 U.S.C. § 7332); the authority for the sickle cell anemia provisions is Sec. 109 of Pub. L. 93–82, the Veterans Health Care Expansion Act of 1973 (38 U.S.C. §§ 17511754).

Authority:
38 U.S.C. 17511754 and 73317334.
Source:
60 FR 63929, Dec. 13, 1995, unless otherwise noted.
Note:

Sections 1.500 through 1.527 concern the availability and release of information from files, records, reports, and other papers and documents in Department of Veterans Affairs custody pertaining to claims under any of the laws administered by the Department of Veterans Affairs. As to the release of information from Department of Veterans Affairs records other than claimant records, see §§ 1.550 through 1.558. Sections 1.500 through 1.526 implement the provisions of 38 U.S.C. 5701, 5702.

[32 FR 10848, July 25, 1967]
Authority:
Sections 1.500 to 1.527 issued under 72 Stat. 1114, 1236, as amended; 38 U.S.C. 501, 5701.
Note:

Sections 1.575 through 1.584 concern the safeguarding of individual privacy from the misuse of information from files, records, reports, and other papers and documents in Department of Veterans Affairs custody. As to the release of information from Department of Veterans Affairs claimant records see § 1.500 series. As to the release of information from Department of Veterans Affairs records other than claimant records see § 1.550 series. Section 1.575 series implement the provisions of Pub. L. 93–579, December 31, 1974, adding a section 552a to title 5 U.S.C. providing that individuals be granted access to records concerning them which are maintained by Federal agencies, and for other purposes.

Source:
40 FR 33944, Aug. 12, 1975, unless otherwise noted.