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Title 38-Pensions, Bonuses, and Veterans' Relief

CHAPTER I-Veterans Administration.

CHAPTER П-Veterans' Education Appeals Board [Revoked]

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NOTE: Amendments or additions to regulations appearing in this Supplement contained in documents published in the Federal Register during 1958, were published under the authority of Public Law 85-56 (Sec. 210, 71 Stat. 91; 38 U. S. C. 1952 Ed., Supp. V, 2210). This law will be replaced by Public Law 85-857, September 2, 1958, 72 Stat. 1105, which consolidates into one Act all of the laws administered by the Veterans Administration and becomes effective (except as otherwise provided in the Act) on January 1, 1959. Section 7 of said Act provides:

"SEC. 7. All rules, regulations, orders, permits, and other privileges issued or granted by the Administrator of Veterans' Affairs before December 31, 1958, and in effect on such date (or scheduled to take effect after such date) shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator.”

CHAPTER I-VETERANS ADMINISTRATION

Part

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General provisions. [Amended]
Delegations of authority. [Added]
Veterans claims. [Revoked]

Adjudication. [Added]

Dependents and beneficiaries claims. [Revoked]

The Board on Waivers and Forfeitures and Committees on Waivers in field offices. [Amended]

United States Government life insurance. [Amended]

National Service life insurance. [Amended]

Disposition of veteran's personal funds and effects. [Amended]

Department of Veterans Benefits, Chief Attorneys. [Revised]
Legal services, General Counsel. [Amended]

Medical. [Amended]

Board of Veterans Appeals. [Amended]

Vocational rehabilitation and education. [Amended]

36 Loan guaranty. [Amended]

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possession of Veterans Administration insignia by any person or persons, provided such action will tend to advance the aims, purposes and mission of Veterans Administration.

(72 Stat. 1114; 38 U.S.C. 210) [24 F.R. 10018, Dec. 11, 1959]

THE UNITED STATES FLAG FOR BURIAL
PURPOSES

§ 1.10 Eligibility for and disposition of the United States Flag for burial purposes.

(a) Eligibility for burial flags—(1) Persons eligible. * * *

(v) Any person who served in the organized military forces of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President of the United States, dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who dies after separation from such service under conditions other than dishonorable, on or after April 25, 1951 (38 U.S.C. 107(a)). [Subdivision (v) amended, 24 F.R. 10106, Dec. 15, 1959]

(b) Disposition of burial flags. (1) When a flag is actually used to drape the casket of a deceased veteran, it must be delivered to the next of kin following interment. Where the flag is not claimed by the next of kin it may be given upon request to a close friend or associate of the deceased veteran. Such action will constitute final and conclusive determination of rights under this section. (38 U.S.C. 901).

[Subparagraph (1) amended, 24 F.R. 10106, Dec. 15, 1959]

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under the conditions set forth in §§ 1.501 through 1.526.

(b) A claimant may not have access to or custody of official Veterans Administration records concerning himself nor may a claimant inspect records concerning himself. Disclosure of information from Veterans Administration records to a claimant or his duly authorized agent or representative may be made, however, under the provisions of §§ 1.501 through 1.526.

[24 F.R. 8174, Oct. 8, 1959]

§ 1.501 Release of information by Veterans Administration officials and employees.

(a) Release of information by the Administrator. The Administrator of Veterans Affairs or the Deputy Administrator may release information, statistics, or reports to individuals or organizations when in his judgment such release would serve a useful purpose.

(b) Release of information concerning policy and administration. Correspondence, reports, records and other papers concerning matters of policy and administration, the disclosure of which may either (1) violate the provisions of personnel procedures on conduct of Veterans Administration employees, (2) adversely reflect upon a special group of veterans, (3) have a detrimental effect upon business or private interest, or (4) involve the Veterans Administration in a controversy, will not be disclosed by any officer or employee of the Veterans Administration to any person or persons outside the Veterans Administration without the consent of the Administrator, Deputy Administrator, a department head, top staff official or Manager having jurisdiction over the particular subject matter. Disclosure of all investigative information or reports may be made only as provided by § 1.454.

CODIFICATION: 1.501 was revised, 23 F.R. 5694, July 29, 1958. Subsequently, paragraph (a) was amended, 24 F.R. 2527, Apr. 1, 1959.

§ 1.507 Disclosures to Members of Congress.

Members of Congress shall be furnished in their official capacity in any case such information contained in the Veterans Administration files as may be requested for official use. However, in any unusual case, the request will be presented to the Administrator, Deputy Administrator, Assistant Administrator,

or department head for personal action. When the requested information is of a type which may not be furnished a claimant, the Member of Congress shall be advised that the information is furnished to him confidentially in his official capacity and should be so treated by him. (See 38 U.S.C. 3301.) Information concerning the beneficiary designation of a United States Government life insurance or National Service life insurance policy is deemed confidential and privileged and during the insured's lifetime shall not be disclosed to anyone other than the insured or his duly appointed fiduciary unless the insured or the fiduciary authorizes the release of such information.

[24 F.R. 2528, Apr. 1, 1959]

Prior Amendments

1958: 23 F.R. 5694, July 29.

§ 1.519 Lists of claimants.

Lists of claimants will not be furnished except as the Administrator or Deputy Administrator may direct. [24 F.R. 2528, Apr. 1, 1959] § 1.521

Special restrictions concerning social security records.

Information received from the Social Security Administration may be filed in the veteran's claims folder without special provisions. Such information will be deemed privileged and may not be released by the Veterans Administration except that information concerning the amount of social security benefits paid to a claimant or the amount of social security tax contributions made by the claimant may be disclosed to the claimant or his duly authorized representative. Any request from outside the Veterans Administration for other social security information will be referred to the Social Security Administration for such action as they deem proper.

(72 Stat. 114; 38 U.S.C. 210) [27 F.R. 9599, Sept. 28, 1962]

Prior Amendments 1957: 22 F.R. 6060, Aug. 1.

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