tained in published material shall not identify any individual veteran. [30 F.R. 6435, May 8, 1965] § 1.518 Addresses of claimants. (a) It is the general policy of the Veterans Administration to refuse to furnish addresses from its records to persons who desire such information for debt collection, canvassing, harassing or for propaganda purposes. (b) The address of a Veterans Administration claimant as shown by Veterans Administration files may be furnished to: (1) Duly constituted police or court officials upon official request and the submission of a certified copy either of the indictment returned against the claimant or of the warrant issued for his arrest. (2) Police, other law enforcement agencies, or Federal, State, county, or city welfare agencies upon official written request showing that the purpose of the request is to locate a parent who has deserted his child or children and that other reasonable efforts to obtain an address have failed. The address will not be released when such disclosure would be prejudicial to the mental or physical health of the claimant. When an address is furnished it will be accompanied by the stipulation that it is furnished on a confidential basis and may not be disclosed to any other individual or agency. (c) When an address is requested that may not be furnished under §§ 1.500 through 1.526, the person making the request will be informed that a letter, or in those cases involving judicial actions, the process or notice in judicial proceedings, enclosed in an unsealed envelope showing no return address, with the name of the addressee thereon, and bearing sufficient postage to cover mailing costs will be forwarded by the Veterans Administration. If a request indicates that judicial action is involved in which a process or notice in judicial proceedings is required to be forwarded, the Veterans Administration will inform the person who requests the forwarding of such a document that the envelope must bear sufficient postage to cover costs of mailing and certified or registered mailing fees, including cost of obtaining receipt for the certified or registered mail when transmission by this type special mail is desired. At the time the letter, process, or notice in judicial proceedings is for warded, the station's return address will be placed on the envelope. When the receipt for certified or registered mail or the undelivered envelope is returned to the Veterans Administration, the original sender will be notified thereof: However, the receipt or the envelope will be retained by the Veterans Administration. This provision will be applicable only when it does not interfere unduly with the functions of the Service or division concerned. In no event will letters be forwarded to aid in the collection of debts or for the purpose of canvassing, harassing, or propaganda. Neither will a letter be forwarded if the contents could be harmful to the physical or mental health of the recipient. [33 F.R. 10516, July 24, 1968 and 35 F.R. 5176, Mar. 27, 1970] § 1.519 Lists of names and addresses. (a) Any organization wanting a list of names and addresses of present or former personnel of the armed services and their dependents from the Veterans Administration must make written application to the Veterans Administration Controller, except lists of educationally disadvantaged veterans should be requested from the Director of the nearest regional office. The application must: (1) Clearly identify the type or category of names and addresses sought; (2) Furnish proof satisfactory to the Veterans Administration that the organization seeking the list is a "nonprofit organization." Normally, evidence establishing that the organization is exempt from taxation in accordance with the provisions of 26 U.S.C. 501 or is a governmental body or institution will be accepted as satisfying this criteria; (3) Contain a statement clearly setting forth the purpose for which the list is sought, the programs and the resources the organization proposes to devote to this purpose, and establish how such purpose is "directly connected with the conduct of programs and the utilization of benefits" under Title 38, United States Code; and (4) Contain a certification that the organization, and all members thereof who will have access to the list, are aware of the penalty provisions of 38 U.S.C. 3301(9) and will not use the list for any purpose other than that stated in the application. (b) If the Director of the regional office concerned finds that the organization requesting the list of names and addresses of educationally disadvantaged veterans is a nonprofit organization and operates an approved program of special secondary, remedial, preparatory, or other educational or supplementary assistance to veterans as provided under Subchapter V, Chapter 34, Title 38, United States Code, then he may authorize the release of such names and addresses to the organization requesting them. (c) The Veterans Administration Controller, with the concurrence of the General Counsel, is authorized to release lists of names and addresses to organizations which have applied for such lists in accordance with paragraph (a) of this section if he finds that the purpose for which the organization desires the names and addresses is directly connected with the conduct of programs and the utilization of benefits under Title 38, United States Code. Lists of names and addresses authorized to be released pursuant to this paragraph shall not duplicate lists released to other elements, segments, or chapters of the same organization. (d) If the list requested is one that the Veterans Administration has previously compiled or created, in the same format, to carry out one or more of its basic program responsibilities and it is determined that it can be released, the list may be furnished without charge. For other types of lists, a charge will be made in accordance with the provisions of § 1.526. (e) Upon denial of a request, the Veterans Administration Controller or Regional Office Director will inform the requester in writing of the denial and the reasons therefor and advise the organization that it may appeal the denial to the Administrator. In each instance of a denial of a request, the denial and the reasons therefor will be made a matter of record. (f) Section 3301(9), Title 38, United States Code, provides that any organization, or any member thereof, which uses the names and addresses furnished it for any purpose other than one directly connected with the conduct of programs and the utilization of benefits under Title 38, United States Code, shall be fined not more than $500 in the case of the first offense and not more than $5,000 in the case of subsequent offenses. Any instance in which there is evidence of a violation of these penal provisions will be reported in accordance with § 14.560 of this chapter. [38 FR 15601, June 14, 1973] § 1.520 Confidentiality of social data. Persons having access to social data will be conscious of the fact that the family, acquaintances, and even the veteran himself have been willing to reveal these data only on the promise that they will be held in complete confidence. There will be avoided direct, ill-considered references which may jeopardize the personal safety of these individuals and the relationship existing among them, the patient, and the social worker, or may destroy their mutual confidence and influence, rendering it impossible to secure further cooperation from these individuals and agencies. Physicians in talking with beneficiaries will not quote these data directly but will regard them as indicating possible directions toward which they may wish to guide the patient's self-revelations without reproaching him for his behavior or arousing natural curiosity or suspicion regarding any Informant's statement. The representatives of service organizations and duly authorized representatives of veterans will be especially cautioned as to their grave responsibility in this connection. [13 F.R. 7002, Nov. 27, 1948] § 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. [27 F.R. 9599, Sept. 28, 1962] § 1.522 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant. Determination of the question when disclosure of information from the files, records, and reports will be prejudicial to the mental or physical health of the claimant, beneficiary, or other person in whose behalf information is sought, will be made by the Chief Medical Director; Chief of Staff of a hospital; or the Director of an outpatient clinic. [33 F.R. 19009, Dec. 20, 1968] § 1.523 § 1.524 [Reserved] Persons authorized to represent claimants. A duly authorized representative will be (a) any person authorized in writing by the claimant to act for him, (b) an attorney who has filed the declaration required by § 14.629 (b)(1) of this chapter, or (c) his legally constituted fiduclary, if the claimant is incompetent. Where for proper reasons no legally constituted fiduciary has been or will be appointed, his wife, his children, or, if the claimant is unmarried, either of his parents shall be recognized as the fiduciary of the claimant. [33 F.R. 6536, Apr. 30, 1968] § 1.525 Inspection of records by or disclosure of information to recognized representatives of organizations and recognized attorneys. (a) (1) The accredited representatives of recognized organizations (§ 14.627 of this chapter) holding appropriate power of attorney and recognized attorneys (§ 14.629 (b) of this chapter) with the written authorization of the claimant may, subject to the restrictions imposed by subparagraph (2) of this paragraph, inspect the claims, insurance and allied folders of any claimant upon the condition that only such information contained therein as may be properly disclosed under §§ 1.500 through 1.526 will be disclosed by him to the claimant or, if the claimant is incompetent, to his legally constituted fiduciary. Under the same restrictions, it is permissible to release information from and permit inspection of loan guaranty folders in which a request for a waiver of the debt of a veteran or his spouse has been re ceived, or where there has been a denial of basic eligibility for loan guaranty benefits. All other information in the files shall be treated as confidential and will be used only in determining the status of the cases inspected or in connection with the presentation to officials of the Veterans Administration of the claim of the claimant. The heads of field stations and the directors of the services concerned in Central Office will each designate a responsible officer to whom requests for all files must be made, except that managers of centers with insurance activities will designate two responsible officials, recommended by the division chiefs concerned, one responsible for claims and allied folders and the other for insurance files. The term "claimant" as used in this paragraph includes insureds. (2) In the case of a living veteran a representative acting under a power of attorney from any person not acting on behalf of the veteran will not be permitted to review the records of the veteran or be furnished any information therefrom to which the person is not entitled, i.e., information not relating to such person alone. Powers of attorney submitted by the other person will be considered "Limited" and will be so noted when associated with the veteran's records. The provisions of this subparagraph are also applicable to recognized attorneys and the requisite declarations filed by them. (3) When power of attorney does not obtain, the accredited representative will explain to the designated officer of the Veterans Administration the reason for requesting information from the file, and the information will be made available only when in the opinion of the designated officer it is justified; in no circumstances will such representatives be allowed to inspect the file; in such cases a contact report will be made out and attached to the case, outlining the reasons which justify the verbal or written release of the information to the accredited representative. (4) In any case where there is an unrevoked power of attorney or declaration of representation, no persons or organizations other than the one named in such document shall be afforded information from the file except under the conditions set forth in § 14.629 (b) (2) of this chapter. When any claimant has filed notice with the Veterans Administration that he does not want his file inspected, such file will not be made available for inspection. (b) (1) Inspection of folders by accredited representatives or recognized attorneys holding a written authorization where such cases are being processed shall be in space assigned for such inspection. Otherwise station heads may permit inspection of folders at the desks of the accredited representatives, in the office (s) which they regularly occupy. (2) An insured or after maturity of the insurance by death of the insured, the beneficiary, may authorize the release to a third person of such insurance ́information as the insured or the beneficiary would be entitled to receive, provided there is submitted to the Veterans Administration, a specific authorization in writing for this purpose. (3) Unless otherwise authorized by the insured or the beneficiary, as the case may be, such authorized representative, recognized attorney or accredited representative shall not release information as to the designated beneficiary to anyone other than the insured or to the beneficiary after death of the insured. Otherwise, information in the insurance file shall be subject to the provisions of §§ 1.500 through 1.526. (4) Clinical records and medical files, Including files for outpatient treatment, may be inspected by accredited representatives or recognized attorneys holding a written authorization only to the extent such records or parts thereof are incorporated in the claims folder, or are made available to Veterans Administration personnel in the adjudication of the claim. Records or data in clinical or medical files which are not incorporated in the claims folder or which are not made available to Veterans Administration personnel for adjudication purposes will not be inspected by anyone other than those employees of the Veterans Administration whose duties require same for the purpose of clinical diagnosis or medical treatment. (5) Under no circumstances shall any paper be removed from a file, except by a Veterans Administration employee, for purpose of having an authorized copy made. Copying of material in a file shall not be permitted except in with the performance of functions under the power of requisite declaration of a attorney. (6) In any case involving against the Government, wh templated or initiated, inspe ject to the foregoing, shall be discretion of the General Chief Attorney, except that in suits under 38 U.S.C. 775, 784, shall be within the discretion cial having jurisdiction of the in such cases may be released partment of Justice, but close be maintained to insure their tact upon termination of the (c) Station heads and the d the services concerned in ce will be responsible for the adm compliance with and accompl the foregoing within their ju and any violations of the pres ditions for inspection of files of information therefrom will to the immediate attention of t istrator. (d) Any person holding po torney, a recognized attorney filled the requisite declaration, credited representative of a organization holding power of shall be supplied with a cop notice to the claimant respecti judication of the claim. If a cla before action on the claim is the person or organization hold of attorney or the attorney wh the requisite declaration may to act until the action is com cept where the power of at requisite declaration was filed of a dependent. (e) When in developing a accredited representative of a organization finds it necessa upon a local representative to information or evidence, he r such disclosures to the local re tive as the circumstances of may warrant, provided the po torney to the recognized org contains an authorization p such disclosure. [13 F.R. 7002, Nov. 27, 1948, as a 31 F.R. 3459, Mar. 5, 1966; 32 E July 25, 1967; 33 F.R. 6536, Apr. § 1.526 Copies of records and papers. (a) Any person desiring a copy of any record or document in the custody of the Veterans' Administration, which is subject to be furnished under §§ 1.501 through 1.526, must make written application for such copy to the Veterans' Administration installation having custody of the subject matter desired, stating specifically (1) the particular record or document the copy of which is desired and whether certified and validated, or uncertified, (2) the purpose for which such copy is desired to be used. (b) The types of services provided by the Veterans Administration for which a schedule of fees is established in paragraph (1) of this section are (1) copying, (2) certification, (3) search and (4) handling of files under court subpoena. (c) This section applies to the services furnished in paragraph (b) of this section when rendered to members of the public by the Veterans' Administration. It does not apply to such services when rendered to or for other agencies or branches of the Federal Government, or State and local governments when furnishing the service will help to accomplish an objective of the Veterans' Administration, or when performed in connection with a special research study or compilation when the party requesting such services is charged an amount for the whole job. (d) When copies of a record or document are furnished under §§ 1.506, 1.507, 1.510, and 1.514, such copies shall be supplied without charge. Moreover, free service may be provided, to the extent of one copy, to persons who have been required to furnish original documents for retention by the Veterans' Administration. (e) The following are circumstances under which services may be provided free at the discretion of station heads or responsible Central Office officials: (1) When requested by a court, when the copy will serve as a substitute for personal court appearance of a Government witness. (2) When furnishing the service free saves costs or yields income equal to the direct costs of the agency providing the service. This includes cases where the fee for the service would be included in a billing against the Government (for example, in cost-type contracts, or in the case of private physicians who are treating Government beneficiaries at Government expense). (3) To the extent of one copy, to those who require copies of records or information from the records in order to obtain financial or other benefits to which they may be entitled. (4) When a service is occasional and incidental, not of a type that is requested often, and if it is administratively determined that a fee would be inappropriate in such an occasional case. (f) When information, statistics, or reports are released or furnished under §§ 1.501 or 1.519, the fee charge, if any, will be determined upon the merits of each individual application. (g) In those cases where it is determined that a fee shall be charged, the applicant will be advised to deposit the amount of the lawful charge for the copy desired. The amount of such charge will be determined in accordance with the schedule of fees prescribed in paragraph (i) of this section. The desired copy will not be delivered, except under court subpoena, until the full amount of the lawful charge is deposited. Any excess deposit of $1 or more over the lawful charge will be returned to the applicant. Excess deposits of less than $1 will be returned upon request. When a deposit is received with an application, such a deposit will be returned to the applicant should the application be denied. (h) Copies of reports or records received from other Government departments or agencies will not be furnished except as provided in § 1.513. (i) Schedule of fees: (1) Typewritten pages, each page (3) $1.50 0.25 10 .50 4.00 4.00 5.00 |