38 CFR Book A

0.735-1 Agency ethics officials

0.735-2 Government-wide standards

Subpart B-Standards of Ethical Conduct and Related Responsibilities of Employees

0.735-10/0.735-11/0.735-12 Cross-reference to employee/Other conduct on the job/ ethical and other conduct standards and financial disclosure regulations/Standards of conduct in special areas

1.9 Description, use, and display of VA Seal and Flag

1.10 Eligibility for and disposition of the United States flag for burial purposes

1.11 Quarters for Department of Veterans Affairs employees in Government-owned or rented buildings overseas

1.15 Standards for program evaluation

1.17 Evaluation of studies relating to health effects of dioxin and radiation exposure

1.18 Guidelines for Establishing Presumptions of Service Connection for Former Prisoners of War

1.200 Purpose

1.201 Employees 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 Attorneys Office

Security and Law Enforcement at VA Facilities

1.218 Security and law enforcement at VA facilities

1.300 - 1.301 Purpose/Definitions

1.302 Applicability and Scope

1.303 Policy

1.460 Definitions

1.461 Applicability

1.462 - 1.463 Confidentiality restrictions/Criminal penalty for violations

1.464 Minor patients

1.465 Incompetent and deceased patients

1.466 - 1.467 Security for records/Restrictions on the use of identification cards and public signs

1.468 - 1.469 Relationship to Federal statutes protecting research subjects against compulsory disclosure of their identity/Patient access and restrictions on use

1.470-1.474 [Reserved]

1.475 Form of written consent

1.476 - 1.477 Prohibition on redisclosure/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

1.480-1.484 [Reserved]

1.485 Medical emergencies

1.485a Eye Organ and Tissue Donation

1.486 - 1.487 Disclosure of information related to infection with the human immunodeficiency virus to public health authorities/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

1.490 - 1.491 Legal effect of order/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]

1.500 General

1.501 - 1.502 - 1.503 Release of information by the Secretary/Disclosure of the amount of monetary benefits/Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone

1.504 - 1.505 Disclosure of information to a widow, child, or other claimant/Genealogy

1.506 - 1.507 Disclosure of records to Federal Government departments, state unemployment compensation agencies, and the Office of Servicemen's Group Life Insurance/ Disclosures to members of Congress

1.508 - 1.509 Disclosure in cases where claimants are charged with or convicted of criminal offenses/ 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

1.514a Disclosure to private psychologists

1.514b Disclosure to Procurement Organizations

1.515 To commanding officers of State soldiers' homes

1.516 - 1.517 Disclosure of information to undertaker concerning burial of a deceased veteran/ 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 - 1.521 Confidentiality of social data/ Special restrictions concerning social security records

1.522 - 1.523 - 1.524 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant/[Reserved]/ 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

1.550 General

1.551 [Removed]

1.552 Public access to information that affects the public when not published in the Federal Register as constructive notice

1.553 Public access to other reasonably described records

1.553a Time limits for Department of Veterans Affairs response to requests for records

1.554 Exemptions from public access to agency records

1.554a Predisclosure notification procedures for confidential commercial information

1.555 Fees

1.556 - 1.557 Requests for other reasonably described records/Administrative review

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

1.579 Amendment of records

1.580 Administrative review

1.582 Exemptions

1.650 - 1.651 Purpose/Definitions

1.652 Criteria for determining rights to employee inventions

1.653 - 1.654 Delegation of authority/Patenting of inventions

1.655 Government license in invention of employee

1.656 Information to be submitted by inventor

1.657 - 1.658 - 1.659 Determination of rights/Right of appeal/Relationship to incentive awards program

1.660 - 1.661 - 1.662 Expeditions Handling/Information to be Keep Confidential/Provisions of Regulations made a condition of Employment

1.663 Licensing of Government-owned inventions

1.670 - 1.671 Purpose/Definitions

1.672 - 1.673 Responsibilities/Responsibility for violations of the administrative subdivision of funds

1.700 - 1.701 Purpose/Contact person for missing children official mail program

1.702 Policy

1.703 - 1.704 - 1.705 Cost and percentage estimates/[Reserved]/Restrictions on use of missing children information

1.710 Homeless claimants: Delivery of benefit payments and correspondence

1.910 Aggressive collection action

1.911 Collection of debts owed by reason of participation in a benefits program

1.911a Collections of Non Benefits 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 Cost, 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 Guaranties, Licenses, Permits, or Privilgees

1.929 Reduction of debt through performance of work-study services

1.930 Scope and application

1.931 Bases for Compromise

1.932 Enforcemwnt 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

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

1.950 Prompt referral

1.951 Claims Collection Litigation Report

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 Decision

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 payment 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

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 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

1.994 Refunds

1.995 Requesting Recovery Through Centralized Administrative Offset

Delegations of Authority

2.1 General provisions

2.2 Delegation of authority to employees to issue subpoenas, etc.

2.3 Delegation of authority to employees to take affidavits, to administer oaths, etc.

2.4 Delegation of authority to Order Paid Advertising for Use in Recruitment

2.5 Delegation of authority to Certify Copies of Documents, Records, or Papers in Department of Veterans Affairs Files

2.6 Secretary's delegations of authority to certain officials (38 U.S.C. 512)

2.7 Delegation of authority to provide relief on account of administrative error

2.8 Delegation of authority to authorize allowances for Department of Veterans Affairs employees who are notaries public

2.9-2.49 [Reserved]

2.50 - 2.51 - 2.52 - 2.53Administration, staff office, and field facility heads are authorized to designate employees to certify copies of records and papers in the custody of the Department of Veterans Affairs/ Delegation of authority to certain employees to exercise the power of the Secretary to waive stated procedural (nonsubstantive) requirements of the loan guaranty regulations/ Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the guaranty or insurance of loans./ Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to assisting eligible veterans to acquire specially adapted housing

2.54 - 2.55 - 2.56 - 2.57 Delegation of authority to certain employees to exercise the power of the Secretary to waive procedural (nonsubstantive) requirements of the direct loan regulations/Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the making of direct loans. / Directors of Department of Veterans Affairs medical centers authorized to appoint boards of medical officers/ Chief Attorneys authorized to release funds from Personal Funds of Patients for the needs of veterans and their dependents

2.65 - 2.65a - 2.66 The Contract Appeals Board may, in its discretion, hear, consider and decide all questions of law necessary for the complete adjudication of issues when appeal is taken pursuant to disputes clause in contract which limits appeals to disputes concerning questions of fact/ The Contract Appeals Board may make findings of fact with respect to a claim without expressing an opinion on the questions of liability should it appear that a claim is involved which is not cognizable under the terms of the contract/ Chairman and Vice Chairman, Board of Veterans Appeals, in addition to authority vested by law, Department of Veterans Affairs regulations and manuals, delegated authority to authorize assumption of appellate jurisdiction of adjudicative determination which has not become final

2.66a [Removed and Reserved]

2.67 Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Veterans Benefits Administration designated by him authorized to make findings and decisions under applicable laws, regulations, precedents, and instructions, as to entitlement of claimants to benefits under all laws administered by Department of Veterans Affairs governing payment of monetary benefits to veterans and their dependents, within jurisdiction of compensation and pension service

2.67a [Removed

2.68 [Reserved]

2.68a Director, Compensation and Pension Service and personnel of that service designated by the director authorized to determine whether claimant or payee has forfeited right to gratuitous benefits or to remit a prior forfeiture pursuant to provisions of 38 U.S.C. 6103 or 6104

2.69 Chief Benefits Director or Director, Compensation and Pension Service, upon field station submission, authorized to approve, on basis of certain criteria, extra-schedular evaluation commensurate with average earning capacity impairment due exclusively to service-connected disability or disabilities in exceptional case where schedular evaluations inadequate

2.70 Adjudication Officer, or where regular schedular standards are met as of date of rating decision, the rating board, authorized to approve on an extra-schedular basis a permanent and total disability rating for pension purposes

2.71 Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the sale of loans with guaranty of payment

2.72 [Removed]

2.73 [Removed]

2.74 [Removed]

2.75 The General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group I), The Deputy Assistant General Counsel of said Staff Group, and the District Counsel and those acting for them are delegated authority to settle and pay a claim for not more than $40,000 made by a civilian officer or employee of the Department of Veterans Affairs for damage to, or loss of, personal property incident to such person's service, on behalf of the Secretary, and such settlement shall be final and conclusive

2.76 Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Education and Rehabilitation Service designated by the Chief Benefits Director authorized to make findings and decisions under 38 U.S.C. Ch. 31 and applicable regulations, precedents and instructions, as to vocational rehabilitation services for disabled veterans

2.77 Managers of regional offices and center directors authorized to negotiate and approve contracts with educational institutions and other approved counseling agencies for purpose of providing educational and vocational counseling to persons referred for such services by Department of Veterans Affairs

2.78 Except as otherwise provided, Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Vocational Rehabilitation and Education Service designated by the Chief Benefits Director delegated authority to make findings and decisions under 38 U.S.C. chapters 34, 35, and 36 and applicable regulations, precedents and instructions, as to programs of education or special restorative training

2.79 Chief Benefits Director and the Director, Vocational Rehabilitation and Education Service, are delegated authority to enter into agreements for reimbursement of State approving agencies under §21.4153 of this chapter

2.80 Director, Vocational Rehabilitation and Education Service. is delegated authority to waive penalties for conflicting interests as provided by §21.4005 of this chapter

2.81 Director, Vocational Rehabilitation and Education Service, is delegated authority to exercise the functions otherwise required of State approving agencies, under §21.4150(c) of this chapter

2.82 Director, Vocational Rehabilitation and Education Service, is delegated authority to approve courses under §21.4250(c) of this chapter

2.83 General Counsel is authorized to act for the Secretary of Veterans Affairs in matters concerning patents and inventions, unless otherwise required by law.

2.84 When in the interest of the Service and when administratively feasible, Chief Benefits Director or designee is authorized to enter into an agreement with another Federal agency, which is authorized to furnish quarters, to provide living quarters, including heat, fuel, and light, in a Government-owned or rented building, for Department of Veterans Affairs employees permanently stationed in a foreign country under the provisions of 31 U.S.C. 686

2.85 Chief Benefits Director and/or Assistant Director for Insurance authorized to make any determinations required under §9.22 of this chapter relative to Servicemen's Group Life Insurance and Veterans' Group Life Insurance

2.86 Chief Benefits Director authorized to act for Secretary in making determinations in connection with a borrower's application for assistance in securing correction of structural defects

2.87 Chief Benefits Director and designee delegated authority to take any necessary action as to programs of vocational rehabilitation, education, or special restorative training under 38 U.S.C. chapters 31, 34, 35, and 36

2.90 Chief Benefits Director delegated responsibility for obtaining evidence of voluntary compliance from recognized national organizations whose representatives are afforded space and office facilities in field stations under the Chief Benefits Director's jurisdiction

2.91 [Removed]

2.92 General Counsel delegated responsibility, upon receipt of information from the Chief Benefits Director, the Chief Medical Director, or the designee of either of them, that compliance cannot be secured by voluntary means, of forwarding to the recipient or other person the notice required by §18.9(a) of this chapter, and also is delegated responsibility of representing the Department in all proceedings resulting from such notice

2.93 [Removed]

2.94 [Removed]

2.95 Delegation of authority to certain employees to exercise the power of the Secretary to waive stated procedural (nonsubstantive) require-ments of the mobile home guaranty regulations

2.96 Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the guaranty of mobile home loans. The authority hereby delegated to these employees may, with the approval of the Chief Benefits Director, be redelegated

2.97 Chief Benefits Director delegated responsibility to enter into agreement with Federal Trade Commission to utilize its services and facilities to carry out investigations and make determinations as to enrollment of eligible veteran or eligible person in any course offered by an institution which utilizes advertising, sales, or enrollment practices of any type which are erroneous, deceptive or misleading either by actual statement, omission, or intimation

2.98 Delegation of authority to Directors of VA field facilities to determine whether or not a school closing is based on Executive order of the President or due to an emergency situation and to the Director, Vocational Rehabilitation and Education Service, to review these decisions

2.99 [Removed and Reserved]

12.0 Definitions

12.1 - 12.2 Designee cases; competent veterans/ Designee cases; incompetent veterans

12.3 Deceased veteran's cases

12.4 Disposition of effects and funds to designee; exceptions

12.5 Nondesignee cases

12.6 -12.7 Cases of living veterans/ Cases not applicable to provisions of §§12.0 to 12.6

12.8 Unclaimed effects of veterans

12.9 Rights of designate; sales instruction; transportation charges

12.10 - 12.12 - 12.13 Proceeds of sale/ Miscellaneous provisions/ Posting of notice of the provisions of Pub. L. No. 734, 75th Congress (38 U.S.C. 16-16j)

12.15 - 12.16 Inventory of property/ Action on inventory and funds

12.17 - 12.18 Unclaimed effects to be sold/ Disposition of funds and effects left by officers and enlisted men on the active list of the Army, Navy or Marine Corps of the United States

12.19 Provisions of Pub. L. 382 (38 U.S.C. 17-17j)

12.20 - 12.21 Posting of notice provisions of Pub. L. 382/ Action upon death of veteran

12.22 - 12.23 Disposition of personal property/ Recognition of valid claim against the General Post Fund

12.24 Operation of lost and found service

14.500 Functions and responsibilities Of General Counsel

14.501 Functions and Responsibilities of Regional Counsels

14.502 Requests for legal opinions from Central Office

14.503 Requests for legal advice and assistance in other than domestic relations matters

14.504 - 14.505 Domestic relations questions, authority and exceptions/ Submissions

14.507 Opinions

14.514 Suits by or against United States or Department of Veterans Affairs officials; indemnification of Department of Veterans Affairs employees

14.515 Suits involving loan guaranty matters

14.516 - 14.517 Escheat and post fund cases/ Cases affecting the Department of Veterans Affairs generally

14.518 Litigation involving beneficiaries in custody of Department of Veterans Affairs employees acting in official capacity

14.560 Procedure where violation of penal statutes is involved including those offenses coming within the purview of the Assimilative Crime Act (18 U.S.C. 13)

14.561 - 14.562 - 14.563 Administrative action prior to submission/ Collections or adjustments/ Crimes or offenses on Department of Veterans Affairs property

14.600 Federal Tort Claims Act-general

14.601 Investigation and development

14.602 Requests for medical information

14.603 Disposition of claims

14.604 Filing a claim

14.605 Suits against Department of Veterans Affairs employees arising out of a wrongful act or omission or based upon medical care and treatment furnished in or for the Veterans Health Administration

14.615 General

14.616 Form and place of filing claim

14.617 Disposition of claims

14.618 Collection action

14.619 Collection action

14.626 Purpose

14.627 Definitions

14.628 Recognition of organizations

14.629 Requirements for accreditation of representatives, agents, and attorneys

14.630 Authorization for a particular claim

14.631 Powers of attorney

14.632 Letters of accreditation

14.633 Termination of accreditation of agents, attorneys, and representatives

14.634 Banks or trust companies acting as guardians

14.635 Space and office facilities

14.640 Purpose

14.642 Utilization of access

14.643 Disqualification

14.664 Scope of authority and effective date

14.665 Claims

14.666 District Counsel responsibility

14.667 Claims payable

14.668 Disposition of claims/ Fees of agents or attorneys; penalty

14.669

14.700 Court cost and expenses; commitment, restoration, fiduciary appointments

14.701 Commitment and restoration proceedings

14.702 - 14.703 Medical testimony in commitment or restoration proceedings/ Costs in commitment or restoration proceedings

14.704 Authorization of transportation necessary for commitment of a veteran beneficiary

14.705 Authority to file petitions for appointment of fiduciaries in State courts

14.706 - 14.707 Legal services in behalf of beneficiaries/ Authorization of transportation of a veteran beneficiary for appointment of a fiduciary

14.708 Costs and other expenses incident to appointment of fiduciary

14.709 Surety bonds; court-appointed fiduciary

14.800 Purpose

14.801 Applicability

14.802 Definitions

14.803 Policy

14.804 Factors to consider

14.805 - 14.806 Contents of a demand or request/ Scope of testimony or production

14.807 Procedure when demand or request is made

14.808 Expert or opinion testimony

14.809 Demands or requests in legal proceedings for records protected by confidentiality statutes

14.810 Fees

15.101 - 15.102 Purpose/ Application

15.103 Definitions

15.104-15.109 [Reserved]

15.110 Self-evaluation

15.111 Notice

15.112-15.129 [Reserved]

15.130 General prohibitions against discrimination

15.131-15.139 [Reserved]

15.140 Employment 15.141-15.148 [Reserved] 15.149 Program accessibility: Discrimination prohibited

15.150 Program accessibility: Existing facilities

15.151 Program accessibility: New construction and alterations

15.152-15.159 [Reserved]

15.160 Communications

15.161-15.169 [Reserved]

15.170 Compliance procedures

15.171-15.999 [Reserved]

16.101 To What Does This Policy Apply

16.102 Definitions

16.103 Assuring compliance with this policy-research conducted or supported by any Federal Department or Agency

16.104-16.106 [Reserved]

16.107 IRB membership

16.108 IRB functions and operations

16.109 IRB review of research

16.110 Expedited review procedures for certain kinds of research involving no more than minimal risk. and for minor changes in approved research

16.111 Criteria for IRB approval of research

16.112 Review by institution

16.113 Suspension or termination of IRB approval of research

16.114 Cooperative research

16.115 IRB records

16.116 General requirements for informed consent

16.117 Documentation of informed consent

16.118 Applications and proposals lacking definite plans for involvement of human subjects

16.119 Research undertaken without the intention of involving human subjects

16.120 Evaluation and disposition of applications and proposals for research to be conducted or supported by a Federal Department or Agency

16.121 [Reserved]

16.122 Use of Federal funds

16.123 Early termination of research support: Evaluation of applications and proposals

16.124 Conditions

18.1 -18.2 Purpose/ Application of this part

18.3 Discrimination prohibited

18.4 Assurances required

18.6 Compliance information

18.7 Conduct of investigations

18.8 Procedure for effecting compliance

18.9 Hearings

18.10 Decisions and notices

18.11 Judicial review

18.12 Effect on other regulations, forms and instructions

18.13 Definitions

Appendix A to Subpart A-Statutory Provision to Which this Subpart Applies

Appendix B to Subpart A-Illustrative Applications

18.401 -18.402 Purpose/ Application

18.403 Definitions

18.404 Discrimination prohibited

18.405 Assurances required

18.406 Remedial action, voluntary action and self-evaluation

18.407 Designation of responsible employee and adoption of grievance procedures

18.408 Notice

18.409 - 18.410 Administrative requirements for certain recipients/ Effect of State or local law or other requirements and effect of employment opportunities

18.411 Discrimination prohibited

18.412 Reasonable accommodation

18.413 Employment criteria

18.414 Preemployment inquiries

18.421 Discrimination prohibited

18.422 Existing facilities

18.423 New construction

18.431 -18.432 Application/ Location and notification

18.433 Free appropriate public education

18.434 Education setting

18.435 Evaluation and placement

18.436 Procedural safeguards

18.437 Nonacademic services

18.438 - 18.439 - 18.441 Adult education programs/ Private education programs/ Application

18.442 Admissions and recruitment

18.443 General treatment of students

18.444 Academic adjustments

18.445 - 18.446 Housing/ Financial and employment assistance to students

18.447 - 18.451 Nonacademic services/ Application

18.452 Health and other social services

18.453 - 18.454 - 18.461 Drug and alcohol addicts/ Education of institutionalized persons/ Procedures

Appendix A Appendix A to Subpart D - Statutory Provisions to Which This Part Applies

18.501 - 18.503 Purpose/ Application

18.503 Definitions

18.511 - 18.512 Rules against age discrimination/ Definitions of "normal operation" and "statutory objective"

18.513 Exceptions to the rules against age discrimination; normal operation or statutory objective of any program or activity

18.514 - 18.515 - 18.516 Exceptions to the rules against age discrimination; reasonable factors other than age/ Burden of proof/ Affirmative action by recipients

18.531 - 18.532 - 18.533 General responsibilities/ Notice of subrecipients/ Assurance of compliance and recipient assessment of age distinctions

18.534 Information requirements

18.542 Complaints

18.543 Mediation

18.544 - 18.545 Investigation/ Prohibition against intimidation or retaliation

18.546 Compliance procedure

18.547 - 18.548 - 18.549 Hearings, decisions, post-termination proceedings/ Remedial action by recipient/ Alternate funds disbursal procedure

18.550 Exhaustion of administrative remedies

Appendix A to Subpart E - Statutory Provision to Which This Part Applies

Appendix B to Subpart E - List of Age Distinctions Contained in Statutes and Regulations Governing Federal Financial Assistance Programs of the Department of Veterans Affairs

 

18a.1 Delegations of responsibility between the Secretary of Veterans Affairs and the Secretary, Department of Health and Human Services and the Secretary, Department of Education

18a.2 - 18a.3 Delegation to the Chief Benefits Director/ Delegation to the Chief Medical Director

18a.4 - 18a.5 Duties of the Director, Contract Compliance Service/ Delegation to the General Counsel

18b.1 Scope of rules/ Reviewing authority/ Definitions/ Records to be public

18b.2

18b.9

18b.10

18b.11 Use of number/ Suspension of rules

18b.13 - 18b.14 Appearance/ Authority for representation

18b.15 Exclusion from hearing for misconduct

18b.16 Parties

18b.17 Amici curiae

18b.18 Complainants not parties

18b.20 - 18b.21 Form of documents to be filed/ Signature of documents

18b.22 - 18.23 - 18.24 Filing and service/ Service; how made/ Date of service

18b.25 Certificate of service

18b.26 - 18.27 Computation/ Extension of time or postponement

18b.28 Reduction of time to file documents

18b.30 - 18.31 Notice of hearing or opportunity for hearing/ Answer to notice

18b.32 - 18b.33 - 18b.34 Amendment of notice or answer/ Request for hearing/ Consolidation

18b.35 - 18b.36 - 18b.37 Motions/ Responses to motions and petitions/ Disposition of motions and petitions

18b.40 - 18b.41 Who presides/ Designation of an administrative law judge

18b.42 Authority of presiding officer

18b.50 - 18b.51 - 18b.52 Statements of position and trial briefs/ Evidentiary purpose/ Testimony

18b.53 - 18b.54 - 18b.55 Exhibits/ Affidavits/ Depositions

18b.56 - 18b.57 - 18b.58 - 18b.59 Admissions as to facts and documents/ Evidence/ Cross-examination/ Unsponsored written material

18b.60 - 18b.61 - 18b.62 - 18b.63 Objections/ Exceptions to rulings of presiding officer unnecessary/ Official notice/ Public document items

18b.64 - 18b.65 Offer of proof/ Appeals from ruling of presiding officer

18b.66 - 18b.67 Official transcript/ Record for decision

18b.70 - 18b.71 - 18b.72 Posthearing briefs; proposed findings and conclusions/ Decisions following hearing/ Exceptions to initial or recommended decisions

18b.73 - 18b.74 Final decisions/ Oral argument to the reviewing authority

18b.75 - 18b.76 Review by the Secretary/ Service on amici curiae

18b.77 Final Department action

18b.90 Conduct

18b.91 - 18b.92 - 18b.93 Improper conduct/ Ex parte communications/ Expeditious treatment

18b.94 - 18b.95 Matters not prohibited/ Filing of ex parte communications

19.1 - 19.2 Establishment of the Board/ Composition of the Board

19.3 - 19.4 - 19.5 Assignment of proceedings/ Principal functions of the Board/ Criteria governing disposition of appeals

19.6 [Reserved]

19.7 The decision

19.8 Content of Board decision, remand, or order in simultaneously contested claims

19.9 Remand for further development

19.10 [Reserved]

19.11 - 19.12 Reconsideration panel/ Disqualification of Members

19.13 Delegation of authority to Chairman and Vice Chairman, Board of Veterans' Appeals

19.14 Delegation of Authority - Appeals Regulations

19.15 19.15-19.24 [Reserved]

19.25 Notification by agency of original jurisdiction of right to appeal

19.26 Action by agency of original jurisdiction on Notice of Disagreement

19.27 Adequacy of Notice of Disagreement questioned within the agency of original jurisdiction

19.28 Determination that a Notice of Disagreement is inadequate protested by claimant or representative

19.29 Statement of the Case

19.30 Furnishing the Statement of the Case and instructions for filing a Substantive Appeal

19.31Supplemental Statement of the Case

19.32 - 19.33 Closing of appeal for failure to respond to Statement of the Case/ Timely filing of Notice of Disagreement or Substantive Appeal questioned within the agency of original jurisdiction

19.34 - 19.35 - 19.36 Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative/ Certification of appeals/ Notification of certification of appeal and transfer of appellate record

19.37Consideration of Additional Evidence Reserved by the Agency of Original Jurisdiction After an Appeal has Been Initiated

19.38Action by Agency of Original Jurisdiction when Remand Received

19.39-19.49 [Reserved]

19.50 - 19.51 Nature and form of administrative appeal/ Officials authorized to file administrative appeals and time limits for filing

19.52 - 19.53 Notification to claimant of filing of administrative appeal/ Restriction as to change in payments pending determination of administrative appeals

19.54-19.74 [Reserved]

Subpart D - Hearings Before the Board of Veterans' Appeals at Department of Veterans Affairs Field Facilities

19.75 - 19.76 Field hearing docket/ Notice of time and place of hearing before the Board of Veterans' Appeals at Department of Veterans Affairs field facilities

19.77-19.99 [Reserved]

19.100 - 19.101 - 19.102 Notification of right to appeal in simultaneously contested claims/ Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims/ Notice of appeal to other contesting parties in simultaneously contested claims

Appendix A to Part 19 - Cross-References

20.1 - 20.2 Purpose and construction of Rules of Practice/ Procedure in absence of specific Rule of Practice

20.3 Rule 3. Definitions

20.4-20.99 [Reserved]

20.100 Rule 100. Name, business hours, and mailing address of the Board

20.101 Rule 101. Jurisdiction of the Board

20.102 Rule 102. Delegation of authority-Rules of Practice

20.103-20.199 [Reserved]

20.200 - 20.201 What constitutes an appeal/ Notice of Disagreement

20.202 - 20.203 Substantive Appeal/ Removed and Reserved

20.204 Rule 204. Withdrawal of Notice of Disagreement or Substantive Appeal

20.205-20.299 [Reserved]

20.300 - 20.301 Place of filing Notice of Disagreement and Substantive Appeal/ Who can file an appeal

20.302 Rule 302. Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case

20.303 - 20.304 - 20.305 Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case/ Filing additional evidence does not extend time limit for appeal/ Computation of time limit for filing

20.306 Rule 306. Legal holidays

20.307-20.399 [Reserved]

20.400 - 20.401 Action by claimant or representative on notification of administrative appeal/ Effect of decision on administrative or merged appeal on claimant's appellate rights

20.402-20.499 [Reserved]

20.500 - 20.501 Who can file an appeal in simultaneously contested claims/ Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims

20.502 - 20.503 - 20.504 Time limit for response to notice of appeal by another contesting party in a simultaneously contested claim/ Extension of time for filing a Substantive Appeal in simultaneously contested claims/ Notices sent to last addresses of record in simultaneously contested claims

20.505-20.599 [Reserved]

20.600 - 20.601 - 20.602 Right to representation/ Only one representative recognized/ Representation by recognized organizations

20.603 Representation by attorneys-at-law

20.604 Representation by agents

20.605 Other persons as representative

20.606 Legal interns, law students and paralegals

20.607 Revocation of a representative's authority to act

20.608 Withdrawal of services by a representative

20.609 Payment of representative's fees in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals

20.610 Payment of representative's expenses in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals

20.611-20.699 [Reserved]

20.700 General

20.701 Who may present oral argument

20.702 Scheduling and notice of hearings conducted by the Board of Veterans' Appeals in Washington, DC

20.703 When a hearing before the Board of Veterans' Appeals at a Department of Veterans Affairs field facility may be requested

20.704 Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities

20.705 - 20.706 Where hearings are conducted/ Functions of the presiding Member

20.707 - 20.708 Designation of Member or Members to conduct the hearing/ Prehearing conference

20.709 - 20.710 Procurement of additional evidence following a hearing/ Witnesses at hearings

20.711 Subpoenas

20.712 - 20.713 Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government/ Hearings in simultaneously contested claims

20.714 Record of hearing

20.715 - 20.716 Recording of hearing by appellant or representative/ Correction of hearing transcripts

20.717 Loss of hearing tapes or transcripts-motion for new hearing

20.718-20.799 [Reserved]

20.800 Rule 800. Submission of additional evidence after initiation of appeal

20.801-20.899 [Reserved]

20.900 Order of consideration of appeals

20.901 Medical opinions and opinions of the General Counsel

20.902 Filing of requests for the procurement of opinions

20.903 Notification of opinions secured by the Board and opportunity for response

20.904 Vacating a decision

20.905-20.999 [Reserved]

20.1000 Rule 1000. When reconsideration is accorded

20.1001 Rule 1001. Filing and disposition of motion for reconsideration

20.1002 Rule 1002. [Reserved]

20.1003 Rule 1003. Hearings on reconsideration

20.1004-20.1099 [Reserved]

20.1100 - 20.1102 - 20.1103 Finality of decisions of the Board/ Harmless error/ Finality of determinations of the agency of original jurisdiction where appeal is not perfected

20.1101 Rule 1101. [Reserved]

20.1104 Rule 1104, Finality of determinations of the agency or original jurisdiction affirmed on appeal

20.1105 Rule 1105, New claim after promulgation of appellate decision

20.1106 Rule 1106, Claim for death benefits by survivor-prior unfavorable decisions during veteran's lifetime

20.1107-20.1199 [Reserved]

20.1200 - 20.1201 Privacy Act request-appeal pending/ Amendment of appellate decisions

20.1202-20.1299 [Reserved]

20.1300 Removal of Board records

20.1301 Disclosure of Information

20.1302 Death of appellant during pendency of appeal

20.1303 Non-Precedential Nature of Board Decisions

20.1304 Request for change in representation, request for personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals

20.1400 - 20.1401 - 20.1402 Motions to revise Board decisions/ Definitions/ Inapplicability of other rules

20.1403 What constitutes clear and unmistakable error; what does not

20.1404 Filing and pleading requirements; withdrawal

20.1405 Disposition

20.1406 - 20.1407 - 20.1408 Effect of revision; discontinuance or reduction of benefits/ Motions by the Board/ Special rules for simultaneously contested claims

20.1409 - 20.1410 - 20.1411 Finality and appeal/ Stays pending court action/ Relationship to other statutes

Appendix A to Part 20 - Cross-References

25.1 Uniform relocation

26.1 - 26.2 Issuance and purpose/ Applicability and scope

26.3 Definitions

26.4 Policy

26.5 Responsibilities

26.6 Environmental documents

26.7 VA environmental decision making and documents

26.8 Assistance to applicants

26.9 Information on and public participation in VA environmental process