fiduciary unless the insured or the fiduciary authorizes the release of such information. [32 F.R. 10848, July 25, 1967] § 1.508 Disclosure in cases where claimants are charged with or convicted of criminal offenses. (a) Where incompetent claimants are charged with, or convicted of, offenses other than those growing out of their relationship with the Veterans Administration and in which it is desired to disclose information from the files and records of the Veterans Administration, the Chief Attorney, Chief Benefits Director, Department of Veterans Benefits, or the General Counsel if he deems it necessary and proper, may disclose to the court having jurisdiction so much of the information from the files and records of the Veterans Administration relating to the mental condition of such beneflciaries, the same to be available as evidence, as may be necessary to show the mental condition of the accused and the time of its onset. This provision, however, does not alter the general procedure for handling offenses growing out of relations with the Veterans Administration. (b) When desired by a U.S. district court, the Chief Attorney or the General Counsel may supply information as to whether any person charged with crime served in the military or naval service of the United States and whether the Veterans Administration has a file on such person. If the file is desired either by the court or by the prosecution or defense, it may be produced only in accord with §§ 1.501 through 1.526. [21 F.R. 10375, Dec. 28, 1956, as amended at 32 FR. 10848, July 25, 1967] § 1.509 Disclosure to courts in proceedings in the nature of an inquest. The Chief Benefits Director, Department of Veterans Benefits, Chief Attorneys, and station heads are authorized to make disclosures to courts of competent Jurisdiction of such files, records, reports, and other documents as are necessary and proper evidence in proceedings in the nature of an inquest into the mental competency of claimants and other proceedings incident to the appointment and discharge of guardians, curators, or conservators to any court having jurisdiction of such fiduciaries in all matters of appointment, discharge, or accounting in such courts. [32 F.R. 10848, July 25, 1967] § 1.510 Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States. Copies of records from the files of the Veterans Administration will, in the event of litigation involving commercial insurance policies issued by an insurance company cooperating with the Department of Justice in defense of insurance suits against the United States, be furnished to such companies without charge, provided the claimant or his duly authorized representative has authorized the release of the information contained in such records. If the release of information is not authorized in writing by the claimant or his duly authorized representative, information contained in the files may be furnished to such company if to withhold same would tend to permit the accomplishment of a fraud or miscarriage of justice. However, before such information may be released without the consent of the claimant, the request therefor must be accompanied by an affidavit of the representative of the insurance company, setting forth that lit1gation is pending, the character of the suit, and the purpose for which the information desired is to be used. If such information is to be used adversely to the claimant, the affidavit must set forth facts from which it may be determined by the General Counsel or Chief Attorney whether the furnishing of the information is necessary to prevent the perpetration of a fraud or other injustice. The averments contained in such affidavit should be considered in connection with the facts shown by the claimant's file, and, if such consideration shows the disclosure of the record is necessary and proper to prevent a fraud or other injustice, information as to the contents thereof may be furnished to the insurance company or copies of the records may be furnished to the court, workmen's compensation, or similar board in which the litigation is pending upon receipt of a subpoena duces tecum addressed to the Administrator of Veterans Affairs, or the head of the office in which the records desired are located. In the event the subpoena requires the production of the file, as distinguished from the copies of the records, no expense to the Veterans Administration may be involved in complying therewith, and arrangements must be made with the representative of the insurance company causing the issuance of the subpoena to insure submission of the file to the court without expense to the Veterans Administration. [32 F.R. 10848, July 25, 1967] § 1.511 Judicial proceedings generally. (a) (1) Where a suit has been threatened or instituted against the Government, or a prosecution against a claimant has been instituted or is being contemplated, the request of the claimant or his duly authorized representative for information, documents, reports, etc., shall be acted upon by the General Counsel in central office, or the Chief Attorney in the field station, who shall determine the action to be taken with respect thereto. Where the files have been sent to the Department of Justice in connection with any such suit, the request will be referred to the Department of Justice, Washington, D.C., through the office of the General Counsel, for attention. In all other cases where copies of documents or records are desired by or on behalf of parties to a suit, whether in a court of the United States or any other, such copies shall be furnished as provided in paragraph (d) of this section; otherwise to the court only, and on an order of the court or subpoena duces tecum addressed to the Administrator of Veterans' Affairs or the head of the field station in which the records desired are located requesting the same. The determination as to the action to be taken upon any order received in this class of cases shall be made by the service having jurisdiction over the subject matter in central office or the division having jurisdiction over the subject matter in the field station, except in those cases in which the records desired are to be used adversely to the claimant, in which latter event the order of the court or the subpoena will be referred to the General Counsel in Central Office or to the Chief Attorney in the field station for disposition. (2) Where a claim under the provisions of the Federal Tort Claims Act has been filed or where such a claim can reasonably be anticipated, no information, documents, reports, etc., will be released except through the Chief Attorney of jurisdiction, who will be limited to release of information which would be available under discovery proceedings, were the matter in litigation. Any other information may be released only after concurrence by the General Counsel. (b) Where the process of a United States court requires the production of documents or records (or copies thereof) contained in the Veterans Administration file of a claimant, such documents or records (or copies) will be made available to the court out of which process has been issued. Where original records are produced, they must remain at all times in the custody of a representative of the Veterans Administration, and, if offered and received in evidence, permission should be obtained to substitute a copy so that the original may remain intact in the file. Where the subpoena is issued on the praecipe of a party litigant other than the United States, such party litigant must prepay the costs of copies in accordance with fees prescribed by § 1.526 (1) and any other costs incident to production. (c) Where copies of documents or records are requested by the process of any State or municipal court, workmen's compensation board or other administrative agency, functioning in a quasijudicial capacity, the process when presented must be accompanied either by authority from the claimant concerned to comply therewith or by an affidavit of the attorney of the party securing the same, setting forth the character of the pending suit, the purpose for which the documents or records sought are to be used as evidence, and, if adversely to the claimant, information from which it may be determined whether the furnishing of the records sought is necessary to prevent the perpetration of fraud or other injustice. When the process received is accompanied by authorization of the claimant to comply therewith, if otherwise it be proper under §§ 1.501 to 1.526, copies of the records requested shall be furnished to the attorney for the party who caused the process to be issued upon the payment of the prescribed fee. If it appears by the process or otherwise that the records are to be used adversely to the claimant, the averments contained in the affidavit shall be considered in connection with the facts shown by the claimant's file, and, if such consideration shows the disclosure of the records is necessary and proper to prevent a fraud or other injustice, the records requested shall be produced before the court, or board or other agency on the date stipulated in the subpoena duces tecum, or other proper process and appropriate disclosure made within the limits of § 1.501 to § 1.526. In such case both the attorney for the veteran and the attorney for the party who secured the process shall be advised by the Veterans Administration representative having custody of the records or file that the same are available for examination within said limits by either or both of the said attorneys. Payment of the fees as prescribed by the schedule of fees, as well as the amount of any other cost incident to producing the records, must first be deposited with the Veterans Administration by the party who caused the process to be issued. If the responsible Veterans Administration employees (see par. (a) of this section) decide that insufficient cause has been shown to warrant releasing the requested information, the Veterans Administration employee who responds to the process will insist that Veterans Administration records are confidential and privileged and, although they are produced at the hearing, he will decline to reveal their content. The file must remain at all times in the custody of a representative of the Veterans Administration, and, if there is an offer and admission of any record or document contained therein, permission should be obtained to substitute a copy so that the original may remain intact in the file. (d) Requests received from attorneys or others for copies of records for use in suits in which the Government is not involved, not accompanied by a subpoena or court order, will be handled by the service or division having jurisdiction over the subject matter. If the request is such as can be complied with under § 1.503 or 1.504, the records requested will be furnished upon receipt of the required fee. If, however, the records cannot be furnished under such sections, the applicant will be advised of the procedure to obtain copies of records for court use as set forth in paragraph (c) of this section. (e) In suits by or against the Administrator under 38 U.S.C. 1820, the files pertaining to the loan guaranteed, insured, or made by the Veterans Administration may be made available by the General Counsel or the Chief Attorney subject to the usual rules of evidence, after clearance with the Department of Justice or U.S. Attorney, if appropriate. [21 FR. 10376, Dec. 28, 1956; 22 F.R. 1720, Mar. 16, 1957, as amended at 31 F.R. 15091, Dec. 1, 1966; 32 FR 10849, July 25, 1967; 38 FR 5468, Mar. 1, 1973] § 1.512 Disclosure of loan gua formation. In general, the facts in loan files will be made available to a privy to a loan guaranteed, in made by the Veterans Administ deemed proper by a Loan C Officer. Appraisal reports, howe certificates of reasonable value made available, upon request, party whether or not there is p the transactions. Information claims folder, insurance or other be released to lenders or pro lenders only in accord with through 1.526: Provided, That th adjudication of incompetency or rating board may be made k appropriate circumstances to a l prospective lender. [39 FR 12248, Apr. 4, 1974] § 1.513 Disclosure of informati tained in Armed Forces serv related medical records in Administration custody. (a) Service records. Informa ceived by the Veterans Admini from the Departments of the Arm Air Force, and the Department of portation relative to the military service of a claimant is furnishe for the official use of the Vetera ministration, but such informati be disclosed under the limitatio tained in §§ 1.501 through 1.526. (b) Medical records. Informati tained in the medical records (in clinical records and social dat be released under the following tions: (1) Complete transcript of ré medical records on request to: (i) The Department of the Ar (ii) The Department of the Na cluding naval aviation and United Marine Corps). (iii) The Department of the Ai (iv) The Department of Tran tion (Coast Guard). (v) Selective Service (in case o trants only). (vi) Federal or State hospitals nal institutions when the vetera patient or inmate therein. (vii) United States Public Service, or other governmental tract agency in connection with re authorized by. or conducted fo Veterans Administration. (viii) Registered civilian physicians, on the request of the individual or his or her legal representative, when required in connection with the treatment of the veteran. (The transcript or résumé should be accompanied by the statement "it is expected that the information contained herein will be treated as confidential, as is customary in civilian professional medical practice.") (ix) The veteran on request, except information contained in the medical record which would prove injurious to his or her physical or mental health. (x) The next of kin on request of the individual, or legal representative, when the information may not be disclosed to the veteran because it will prove injurious to his or her physical or mental health, and it will not be injurious to the physical or mental health of the next of kin or cause repugnance or resentment toward the veteran; and directly to the next of kin, or legal representative, when the veteran has been declared to be insane or is dead. (xi) Health and social agencies, on the authority of the veteran or his duly authorized representative. (2) In addition to the authorizations in subparagraph (1) of this paragraph, the Department of Justice, the Department of the Treasury, and the Post Office Department may, on request, be given pertinent information from medical records for use in connection with investigations conducted by these departments. Each such request shall be considered on its merits, and the information released should be the minimum necessary in connection with the investigation conducted by these departments. (3) Compliance with court orders calling for the production of medical records in connection with litigation or criminal prosecutions will be effected in accordance with § 1.511. [13 F.R. 7001, Nov. 27, 1948, as amended at 32 FR. 10849, July 25, 1967] § 1.513a Confidentiality of information and patient records prepared or obtained under the sickle cell anemia program. Information and patient records prepared or obtained under the sickle cell anemia program of screening, counseling, treatment, and information (38 U.S.C. 651-654, Public Law 93-82, August 2, 1973) shall be held confidential except for: (a) Such information as the patient (or his guardian) requests in writing to be released or (b) Statistical data compiled without reference to patient names or other identifying characteristics. [39 FR 7929, Mar. 1, 1974] § 1.514 Disclosure to private physicians and hospitals other than Veterans Administration. (a) When a beneficiary elects to obtain medical attention as a private patient from a private practitioner or in a hospital other than a Veterans Administration hospital, there may be disclosed to such private practitioner or head of such hospital (Federal, State, municipal, or private), such information as to the medical history, diagnosis, findings, or treatment as is requested, including the loan of original X-ray films, whether Veterans Administration clinical X-rays or service department entrance and separation X-rays, provided there is also submitted a written authorization from the beneficiary or his duly authorized representative. The information will be supplied without charge directly to the private physician or hospital head and not through the beneficiary or representative. In forwarding this information, it will be accompanied by the stipulations that it is released with consent of or on behalf of the patient and that the information will be treated as confidential, as is customary in civilian professional medical practice. (b) Such information may be released without charge and without consent of the patient or his duly authorized representative when a request for such information is received from: (1) The superintendent of a State hospital for psychotic patients, a commissioner or head of a State department of mental hygiene, or head of a State, county, or city health department; or (2) Any fee basis physician or institution in connection with authorized treatment of the veteran as a Veterans Administration beneficiary; or (3) Any physician or medical installation treating the veteran under emergency conditions. [34 F.R. 13368, Aug. 19, 1969] When a beneficiary elects to obtain therapy or analysis as a private patient from a private psychologist, such information in the medical record as may be pertinent may be released. Generally, only information developed and documented by Veterans Administration psychologists will be considered pertinent, although other information from the medical record may be released if it is determined to be pertinent and will serve a useful purpose to the private psychologist in rendering his services. Information will be released under this section upon receipt of the written authorization of the beneficiary or his duly authorized representative. Information will be forwarded to private psychologists directly, not through the beneficiary or representative, without charge and with the stipulation that it is released with consent of or on behalf of the patient and must be treated as confidential as is customary in regular professional practice. [34 F.R. 13368, Aug. 19, 1969] 81.515 To commanding officers of State soldiers' homes. When a request is received in a Veterans Administration regional office, center, or hospital from the commanding officer of a State soldiers' home for information other than information relative to the character of the discharge from a Veterans Administration center or hospital concerning a veteran formerly domiciled or hospitalized therein, the provisions of § 1.500 are applicable, and no disclosure will be made unless the request is accompanied by the authorization outlined in § 1.503. However, station heads, upon receipt of a request from the commanding officer of a State soldiers' home for the character of the discharge of a veteran from a period of hospital treatment or domiciliary care as a beneficiary of the Veterans Administration, will comply with the request, restricting the information disclosed solely to the character of the veteran's discharge from such treatment or care. Such information will be disclosed only upon receipt of a specific request therefor from the commanding officer of a State soldiers' home. [30 FR. 6435, May 8, 1965] § 1.516 Disclosure of information to undertaker concerning burial of a deceased veteran. When an undertaker requests information believed by him to be necessary in connection with the burial of a deceased veteran, such as the name and address of the beneficiary of the veteran's Government insurance policy, name and address of the next of kin, rank or grade of veteran and organization in which he served, character of the veteran's discharge, or date and place of birth of the veteran, and it appears that the undertaker is holding the body awaiting receipt of the information requested, the undertaker, in such instances, may be considered the duly authorized representative of the deceased veteran for the purpose of obtaining said information. In ordinary cases, however, the undertaker will be advised that information concerning the beneficiary of a Government insurance policy is confidential and cannot be disclosed; the beneficiary will be advised immediately of the inquiry, and the furnishing of the desired information will be discretionary with the beneficiary. In no case will the undertaker be informed of the net amount due under the policy or furnished information not specifically mentioned in this section. [32 FR. 10849, July 25, 1967] 1.517 Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Veterans Administration. Requests from educational institutions and agencies cooperating with the Veterans Administration in the vocational rehabilitation and education of veterans for the use of vocational rehabilitation and education records for research studies will be forwarded to central office with the station head's recommendation for review by the Chief Benefits Director. Where the request to conduct a research study is approved by the Chief Benefits Director, the station head is authorized by this section to release information for such studies from vocational rehabilitation and education records as required: Provided, however, That any data or information obtained shall not be published without prior approval of the Chief Benefits Director and that data con |