sider, ascertain, adjust, determine, and settle tort claims cognizable thereunder and to execute an appropriate voucher and other necessary instruments in connection with the final disposition of such claims.

(3) Under the provisions of "The Federal Medical Care Recovery Act," 42 U.S.C. 2651, et seq. (as implemented by Part 43, Title 28, Code of Federal Regulations), authority is delegated to the General Counsel, Deputy General Counsel, Assistant General Counsel, Deputy Assistant General Counsel and Chief Attorney, or those authorized to act for them, to collect in full, compropromise, settle, or waive any claim and execute the release thereof; however, claims in excess of $20,000 may be compromised, settled, or waived only with the prior approval of the Department of Justice.

(4) Under the Federal Claims Collection Act of 1966, 31 U.S.C. 951, et seq., authority is delegated to the General Counsel, Deputy General Counsel, Assistant General Counsel, Deputy Assistant General Counsel and Chief Attorney, or those authorized to act for them, to: (i) Make appropriate determinations with respect to the litigative probabilities of a claim (§ 1.932 of this chapter), the legal merits of a claim (§ 1.942(e) of this chapter), and any other legal considerations of a claim.

(ii) Collect in full a claim involving damage to or loss of Government property under the jurisdiction of the Veterans Administration resulting from negligence or other legal wrong of a person (other than an employee of the Government while acting within the scope of his employment) and to compromise, suspend or terminate any such claim not exceeding $20,000.

(ill) Collect a claim in full from a third party or legal entity who is liable for the cost of hospital, medical, surgical, or dental care and treatment of a person, and to compromise, suspend, or terminate any such claim not exceeding $20,000.

(iv) The delegations of authority set forth in subdivisions (ii) and (iii) of this subparagraph do not apply to the handling of any claim as to which there is an indication of fraud, the presentation of a false claim or misrepresentation on the part of the debtor or any other party having an interest in the claim, or to any claim based in whole or in part on conduct in violation of the antitrust laws.

Such cases will be considered by the General Counsel, who will make the determination in all instances as to whether the case warrants referral to the Department of Justice. The delegations of authority are applicable to those claims where the Department of Justice determines that action based upon the alleged fraud, false claim, or misrepresentation is not warranted.

(5) Pursuant to the provisions of the Military Personnel and Civilian Employees' Claims Act of 1964, 31 U.S.C. 241, the General Counsel, Deputy General Counsel, Assistant General Counsel, Deputy Assistant General Counsel and Chief Attorney, or those authorized to act for them, are authorized to settle and pay a claim for not more than $6,500 made by a civilian officer or employee of the Veterans Administration for damage to, or loss of, personal property incident to his or her service occurring subsequent to August 31, 1964.

(6) Authority is delegated to the General Counsel or his designee to make the final decision on complaints of discrimination on grounds of race, color, religion, sex, or national origin brought by an aggrieved employee or qualified applicant for employment in the Veterans Administration.

(7) All authority delegated in this paragraph to Chief Attorneys will be exercised by them under the supervision of and in accordance with instructions issued by the General Counsel.

[25 F.R. 11095, Nov. 23, 1960, as amended at 32 F.R. 2815, Feb. 11, 1967; 33 F.R. 11597, Aug. 15, 1968; 35 F.R. 224, Jan. 7, 1970; 35 F.R. 5611, Apr. 7, 1970; 35 F.R. 13771, Aug. 29, 1970; 35 F.R. 18871, Dec. 11, 1970; 36 F.R. 2913, Feb. 12, 1971; 36 F.R. 19974, Oct. 14, 1971; 38 FR 24366, Sept. 7, 1973; 39 FR 12747, Apr. 8, 1974; 39 FR 20788, June 14, 1974] § 2.7 Delegation of authority to provide relief on account of administrative

error.

(a) Section 210 (c) (2) of title 38, United States Code, provides that if the Administrator determines that benefits administered by the Veterans Administration have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, he is authorized to provide such relief on account of such error as he determines equitable, including the payment of moneys to any person whom he determines equitably entitled thereto.

(b) Section 210(c)(3) of title 38, United States Code, provides that if the

Administrator determines that any veteran, widow, child of a veteran, or other person, has suffered loss, as a consequence of reliance upon a determination by the Veterans Administration of eligibility or entitlement to benefits, without knowledge that it was erroneously made, he is authorized to provide such relief as he determines equitable, including the payment of moneys to any person equitably entitled thereto. The Administrator is also required to submit an annual report to the Congress, containing a brief summary of each recommendation for relief and its disposition. Preparation of the report shall be the responsibility of the General Counsel.

(c) The authority to grant the equitable relief, referred to in paragraphs (a) and (b) of this section, has not been delegated and is reserved to the Administrator. Recommendation for the correction of administrative error and for appropriate equitable relief therefrom will be submitted to the Administrator, through the General Counsel. Such recommendation may be initiated by the head of the department having responsibility for the benefit, or of any concerned staff office, or by the Chairman, Board of Veterans Appeals. When a recommendation for relief under paragraph (a) or (b) of this section is initiated by the head of a staff office, or the Chairman, Board of Veterans Appeals, the views of the head of the department having responsibility for the benefit will be obtained and transmitted with the recommendation of the initiating office.

[37 FR 22864, Oct. 26, 1972]

§ 2.8

Delegation of authority to authorize allowances for Veterans Administration employees who are notaries public.

(a) Employees occupying or acting in the positions designated in paragraph (b) of this section are authorized to designate those employees who are required to serve as notaries public in connection with the performance of official business and to pay an allowance for the costs therefor not to exceed the expense required to be incurred by them in order to obtain their commission. (5 U.S.C. 5945.)

(b) Designated positions: Deputy Administrator, Chief Benefits Director. Chief Data Management Director, Chief Medical Director, General Counsel, Directors of regional offices, hospitals, domiciliaries, and centers. [35 F.R. 13771, Aug. 29, 1970]

§§ 2.9 through 2.49 Reserved]

§ 2.50 Department, staff office, and field station heads are authorized to designate employees to certify copies of records and papers in the custody of the Veterans Administration.

This delegation of authority is identical to 1.526 (1) of this chapter. [33 F.R. 9342, June 26, 1968]

§ 2.51 Delegation of authority to certain employees to exercise the power of the Administrator to waive stated procedural (nonsubstantive) requirements of the loan guaranty regulations.

This delegation of authority is identical to § 36.4335 of this chapter. [24 FR. 10019, Dec. 11, 1959]

§ 2.52 Delegation of authority to cer tain employees to exercise certain powers and functions of the Administrator with respect to the guaranty or insurance of loans. The authority hereby delegated to these employees may, with the approval of the Chief Benefits Director, be redelegated.

This delegation of authority is identical to § 36.4342 of this chapter. [31 F.R. 12717, Sept. 29, 1966]

§ 2.53 Delegation of authority to certain employees to exercise certain powers and functions of the Administrator with respect to assisting eligible veterans to acquire specially adapted housing.

This delegation of authority is identical to § 36.4408 of this chapter. [24 FR. 10019, Dec. 11, 1959]

§ 2.54 Delegation of authority to certain employees to exercise the power of the Administrator to waive procedural (nonsubstantive) requirements of the direct loan regulations. This delegation of authority is identical to § 36.4518 of this chapter. (24 F.R. 10019, Dec. 11, 1959]

§ 2.55 Delegation of authority to certain employees to exercise certain powers and functions of the Administrator with respect to the making of direct loans. The authority hereby delegated to these employees may, with the approval of the Chief Benefits Director, be redelegated.

This delegation of authority is identical to 36.4520 of this chapter.

[31 F.R. 12717, Sept. 29, 1966]

§ 2.56 Directors of Veterans Administration hospitals authorized to appoint boards of medical officers, consisting of at least three qualified physicians, one of whom must be qualified in treatment of mental disorders, to determine whether members of uniformed services who are being furnished medical care in our hospitals are mentally capable of managing their own affairs,

This delegation of authority is identical to 17.952(c) of this chapter.

[31 F.R. 5429, Apr. 6, 1966]

§ 2.57 Chief Attorneys authorized to release funds from Personal Funds of Patients for the needs of veterans and their dependents including amounts fixed by statute or valid administrative regulations as the cost of current maintenance of veterans in public institutions other than Veterans Administration institutions. This delegation of authority is idencal to 13.500 (b) of this chapter. [25 F.R. 2163, Mar. 16, 1960]

§2.62 The Contract Appeals Board authorized by Administrator to ascertain the facts and circumstances and to render and publish_final decisions on appeals entered by contractors from decisions of Veterans Administration contracting officers in accordance with contract terms and §§ 1.770 through 1.775.

This delegation of authority is identical to 1.771(a) of this chapter. (25 FR. 14026, Dec. 31, 1960]

§ 2.63 The Contract Appeals Board and

its individual members authorized by Administrator to take such actions as may be necessary to hear and decide appeals including the administering of oaths and affirmations, the taking of testimony and affidavits, the conduct of hearings, the dismissal of proceedings and ordering the produc tion of documents and other evidence.

This delegation of authority is identical to § 1.771(b) of this chapter. [25 F.R. 14026, Dec. 31, 1960]

§ 2.64 The Contract Appeals Board authorized to take official notice of facts within general knowledge and to decide all questions necessary for complete adjudication of appeals.

This delegation of authority is identical to § 1.771(c) of this chapter. [25 F.R. 14026, Dec. 31, 1960]

§ 2.65 The Contract Appeals Board authorized to require Veterans Administration contracting officers and other Veterans Administration officials having responsibility for or official knowledge of the design of projects, or the award, administration or supervision of contracts, or of work performed thereunder, to furnish the board such information, technical data, and similar assistance as the board may require in the performance of its duties.

This delegation of authority is identical to § 1.771(d) of this chapter. [30 F.R. 14597, Nov. 24, 1965]

§ 2.66

Chairman and Vice Chairman, Board of Veterans Appeals, in addition to authority vested by law, Veterans Administration regulations and manuals, delegated authority to authorize assumption of appellate jurisdiction of adjudicative determination which has not become final; to authorize administrative action on adjudicative determination which has become final by appellate decision or failure to timely appeal; and to authorize central office investigations of matters before the Board.

This delegation of authority is identical to § 19.2 of this chapter. [34 F.R. 8703, June 3, 1969] § 2.67

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

as

This delegation of authority is identical to § 3.100 (a) of this chapter. [37 FR 10441, May 23, 1972]

§ 2.67a Chief Benefits Director delegated authority to establish annual income limitations for the purposes of § 3.251(a)(2) based on service defined in § 3.8 (b), (c), or (d) at a rate in Philippine pesos equivalent to $0.50 for each dollar.

This delegation of authority is identical to § 3.100(b) of this chapter. [31 F.R. 14454, Nov. 10, 1966]

§ 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.

This delegation of authority is identical to § 3.321(b) of this chapter. [37 FR 10441, May 23, 1972] § 2.70

Chief Benefits Director or Director, Compensation and Pension Service, upon field station submission; the rating board, without field station submission, where regular schedular standards are met as of date of rating decision; or Adjudication Officer, without field station submission; where regular schedular standards are not met but applicant has attained 40 years of age, authorized in certain instances to approve on extraschedular basis permanent and total disability rating for pension pur.

§ 2.73 Chief Medical Director delegated authority to designate Assistant Chief Medical Director for Administration and Facilities to administer overall operation of Veterans Canteen Service and to designate selected employees of Veterans Canteen Service to perform functions described in 38 U.S.C. Ch. 75, to effectively maintain and operate Veterans Canteen Service.

This delegation of authority is identical to § 17.161(b) of this chapter. [36 F.R. 23385, Dec. 9, 1971]

§ 2.74 Attorneys and field examiners in Office of Chief Attorney and other employees who are qualified and designated by station head are authorized, when assigned, to conduct investigations (field examinations) and examine witnesses upon any matter within jurisdiction of Veterans Administration, to take affidavits, to administer oaths and affirmations, to certify copies of public or private documents and to aid claimants in preparation of claims.

This delegation of authority is identical to § 13.2(a) of this chapter. [36 F.R. 19020, Sept. 25, 1971] § 2.75

The General Counsel, Associate General Counsel, Assistant General Counsel (professional staff group I), and the Deputy Assistant General. Counsel of said staff group, or those acting for them are delegated authority to settle and pay a claim for not more than $6,500 made by a civilian officer or employee of the Veterans Administration for damage to, or loss of, personal property incident to his service on behalf of the Administrator, and such settlement shall be final and conclusive.

This delegation of authority is identical to § 14.664 of this chapter. [38 FR 5476, Mar. 1, 1973]

§ 2.76 Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of education and rehabilitation service designated by him 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.

This delegation of authority is identical to § 21.1 of this chapter. [37 FR 10441, May 23, 1972]

§ 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 Veterans Administration.

This delegation of authority is identical to 21.735 (a) of this chapter. [30 F.R. 11319, Sept. 3, 1965] § 2.78 Except as otherwise provided, Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of education and rehabilitation service designated by him delegated authority to make findings and decisions under 38 U.S.C. Chs. 34, 35, and 36 and applicable regulations, precedents and instructions, as to programs of education or special restorative training. This delegation of authority is identical to § 21.4001 (a) of this chapter. [87 FR 10441, May 23, 1972]

§ 2.79

Chief Benefits Director and the Director, Education and Rehabilitation Service are delegated authority to enter into agreements for reimbursement of State approving agencies under § 21.4153 of this chapter. This delegation of authority is identical to 21.4001 (b) of this chapter. [37 FR 10441, May 23, 1972] § 2.80

Director, Education and Rehabilitation Service is delegated authority to waive penalties for conflicting interests under § 21.4005 of this chapter.

This delegation of authority is identical to 21.4001 (c) (1) of this chapter. [37 FR 10441, May 23, 1972]

§ 2.81

Director, Education and Rehabilitation Service is delegated authority to exercise the functions otherwise required of State approving agencies, under § 21.4150(c) of this chapter. This delegation of authority is identical to 21.4001 (c) (2) of this chapter.

[37 FR 10441, May 23, 1972] § 2.82

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

This delegation of authority is identical to 21.4001(c)(3) of this chapter. [37 FR 10441, May 23, 1972]

§ 2.83 General Counsel authorized to act for Administrator of veterans affairs in matters concerning patents and inventions, unless otherwise required by law.

This delegation of authority is identical to 1.653 of this chapter.

(31 F.R. 5292, Apr. 2, 1966]

§ 2.84

When in the interest of the Serv ice and when administratively feasible, Chief Benefits Director or his 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 Veterans Administration employees permanently stationed in a foreign country under the provisions of 31 U.S.C. 686.

This delegation of authority is identical to 1.11 of this chapter. (33 FR. 362, Jan. 10, 1968] § 2.85

Chief Benefits Director and/or Director, Insurance Service authorized to make any determinations required under § 9.22 of this chapter relative to Servicemen's Group Life Insurance.

This delegation of authority is identical to 9.22(d) of this chapter. [33 F.R. 9174, June 21, 1968]

§ 2.86

Chief benefits director authorized to act for administrator in making determinations in connection with a borrower's application for assistance in securing correction of structural defects.

This delegation of authority is identical to 36.4364 of this chapter. [33 F.R. 16088, Nov. 1, 1968]

§2.87 Chief Benefits Director and his designee delegated authority to take any necessary action as to programa of vocational rehabilitation, education, or special restorative training under 38 U.S.C. chapters 31, 34, 35, and 36 for the purpose of securing evidence of voluntary compliance directly or through the agencies to whom the Administrator has delegated responsibility for various schools or training establishments to implement Part 18 of this chapter. This delegation of authority is identical to § 18a.2 and 21.4001(d) of this chapter.

[35 F.R. 10759, July 2, 1970]