Navy, Air Force, and the Treasury Department relative to the military or naval service of a claimant is furnished solely for the official use of the Veterans' Administration, but such information may be disclosed under the limitations contained in §§ 1.501 to 1.526.

(b) Medical records. Information contained in the medical records (including clinical records and social data) may be released under the following conditions:

(1) Complete transcript of résumé of medical records on request to:

(1) The Department of the Army.

(11) The Department of the Navy (including naval aviation and United States Marine Corps).

(iii) The Department of the Air Force. (Iv) The Treasury Department (Coast Guard).

(v) Selective Service (in case of registrants only).

(vi) Federal or State hospitals or penal institutions when the veteran is a patient or inmate therein.

(vi) United States Public Health Service, or other governmental or contract agency in connection with research authorized by, or conducted for, the 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 civiltan 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 above, the Department of Justice, the Treasury De

partment, 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.

§ 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, in the event he is incompetent, from his representative or his nearest relative, for release of desired data. The said information will be supplied without charge directly to the private physician or hospital head and not through the beneficiary. In forwarding this information, it will be accompanied by the stipulations that it is released with the consent 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, his representative, or nearest relative 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.

[30 F.R. 6435, May 8, 1965]

§ 1.515 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 adjusted service certificate or 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 an adjusted service certificate or 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 in of the net amount due under the cate or policy or furnished infor not specifically mentioned herein. § 1.517 Disclosure of vocationa bilitation and education infor to educational institutions co ing with the Veterans Admi tion.

Requests from educational instit and agencies cooperating with th erans Administration in the voca rehabilitation and education of ve for the use of vocational rehabili and education records for res studies will be forwarded to central with the station head's recommend for review by the Chief Benefits Dir Where the request to conduct a res study is approved by the Chief Bel Director, the station head is autho by this section to release information such studies from vocational rehabi tion and education records as requi Provided, however, That any data information obtained shall not be 1 lished without prior approval of the C Benefits Director and that data tained in published material shall identify any individual veteran. [30 F.R. 6435, May 8, 1965]

§ 1.518 Addresses of claimants.

(a) It is the general policy of the W erans' Administration to refuse to furn addresses from its records to persons w desire such information for purposes debt collections, canvassing, or harass a claimant.

(b) The address of a Veterans' A ministration claimant as shown by V erans' Administration files may be f nished to duly constituted police or co officials upon official request and the st mission of a certificate copy either of indictment returned against the clai ant or of the warrant issued for his rest. Such request shall be forward for disposition to the operating serv having jurisdiction over the subject m ter or possession of the file.

(c) When an address is requested th may not be furnished under $$ 1.500 1 526, the person making the request w be informed that a letter, or in the cases involving judicial actions t process or notice in judicial proceedin enclosed in an unsealed envelope sho ing no return address, with the name the addressee thereon, and bearing su cient postage to cover mailing costs w

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 mailing and registry costs, including cost of obtaining receipt for the registered mail when transmission by this type special mail is desired. At the time the letter, process, or notice in judicial proceedings is forwarded, the station return address will be placed on the envelope. When the receipt for 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.

(13 F. R. 6999, Nov. 27, 1948, as amended at 17 F. R. 5464, June 18, 1952]

§ 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]

§ 1.520 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 representa

tives of service organizations and d authorized representatives of veter will be especially cautioned as to th grave responsibility in this connection § 1.521 Special restrictions concern social security records.

Information received from the So Security Administration may be filed the veteran's claims folder without s cial provisions. Such information be deemed privileged and may not released by the Veterans Administrat except that information concerning amount of social security benefits p to a claimant or the amount of so security tax contributions made by claimant may be disclosed to the clai ant or his duly authorized representati Any request from outside the Vetera Administration for other social secur information will be referred to Social Security Administration for su action as they deem proper.

[27 F.R. 9599, Sept. 28, 1962]

as

§ 1.522 Determination of the questi to whether disclosure will prejudicial to the mental or physi health of claimant.

Determination of the question wh disclosure of information from the fil records, and reports will be prejudic to the mental or physical health of t claimant, beneficiary, or other person whose behalf information is sought, w be made by the Chief Medical Directo chief of staff of a hospital; or the ch medical officer as defined in § 17.30 of this chapter.

[27 F.R. 9599, Sept. 28, 1962]

§ 1.523 Veterans Administration inst lation from which authorized d closure will be made.

Where disclosure of information fro the files, records, reports, and oth papers and documents pertaining claims filled with the Veterans Admi istration is not restricted, such d closure shall be made by the service, c vision, or activity in central office, i surance center, regional or VA off hospital, or center having possession the individual record or file from whi the information is to be disclosed. [27 F.R. 9599, Sept. 28, 1962]

§ 1.524 Persons authorized to repres claimants.

A duly authorized representative v be any person authorized in writing

the claimant to act for him, or his legally constituted fiduciary, 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.

§ 1.525 Inspection of records by or disclosure of information to recognized representatives of organizations.

(a) (1) The accredited representatives of any of the organizations recognized under 38 U.S.C. 3402 holding appropriate power of attorney 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 received, 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 subparagraph 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, ie, 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 veter records.

(3) When power of attorney does obtain, the accredited representative explain to the designated officer of Veterans Administration the reason requesting information from the file. the information will be made avail only when in the opinion of the de nated officer it is justified; in no circ stances will such representatives allowed to inspect the file; in such c a contact report will be made out attached to the case, outlining the sons which justify the verbal or writ release of the information to the credited representative. In any c where there is an unrevoked power attorney, no persons or organizati other than the one named in the pow of attorney shall be afforded informat from the file; and when any claimant filed notice with the Veterans Admin tration that he does not want his inspected, such file will not be ma available for inspection.

(b) (1) Inspection of folders by a credited representatives where such cas are being processed shall be in spa assigned for such inspection. Othe wise station heads may permit inspecti of folders at the desks of the accredit representatives, in the office(s) whi they regularly occupy.

(2) An insured or after maturity the insurance by death of the insure the beneficiary, may authorize the r lease to a third person of such insuran information as the insured or the ben ficiary would be entitled to receive, pr vided there is submitted to the Veteran Administration, a specific authorizatio in writing for this purpose.

(3) Unless otherwise authorized by th insured or the beneficiary, as the cas may be, such authorized representativ or accredited representative shall no release information as to the designate beneficiary to anyone other than the in sured or to the beneficiary after death o the insured. Otherwise, information is 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 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 photostat made. Copying of material in a file shall not be permitted except in connection with the performance of authorized functions under the power of attorney.

(6) In any case involving litigation against the Government, whether contemplated or initiated, inspection, subject to the foregoing, shall be within the discretion of the General Counsel or chief attorney, except that in insurance suits under the World War Veterans' Act, 1924, as amended, or the National Service Life Insurance Act, 1940, as amended, inspection shall be within the discretion of the official having jurisdiction of the claim. Files in such cases may be released to the Department of Justice, but close liaison will be maintained to insure their return intact upon termination of the litigation.

(c) Station heads and the directors of the services concerned in central office will be responsible for the administrative compliance with and accomplishment of the foregoing within their jurisdiction, and any violations of the prescribed conditions for inspection of files or release of information therefrom will be brought to the immediate attention of the Administrator.

(d) Any person holding power of attorney or accredited representative of a recognized organization holding such power of attorney shall be supplied with a copy of each notice to the claimant respecting the adjudication of the claim. If a claimant dies before action on the claim is completed, the person or organization holding power of attorney may continue to act until the action is completed except where the power of attorney is filed on behalf of the dependent.

(e) When in developing a claim the accredited representative of a recognized organization finds it necessary to call upon a local representative to assemble information or evidence, he may make

such disclosures to the local representative as the circumstances of the case may warrant, provided the power of attorney to the recognized organization contains an authorization permitting such disclosure.

[13 F. R. 6999, Nov. 27, 1948, as amended at 15 F. R. 7641, Nov. 10, 1950; 19 F. R. 3224 June 2, 1954; 24 F.R. 8174, Oct. 8, 1959; 31 F.R. 3459, Mar. 5, 1966; 31 F.R. 15092, Dec. 1 1966]

§ 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 type of services provided by the Veterans' Administration for which a schedule of fees are established in paragraph (i) of this section are (1) copying, (2) certification, (3) search.

(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.