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(A) Such information as may be properly disclosed to a claimant personally under paragraphs 5585-5601 shall in the event of his death be disclosed upon proper request, to the duly appointed representative of his estate or to such person as may be designated by such representative. Where for proper reasons no representative of the claimant's estate has been or will be appointed, his widow, his children, or if the claimant was unmarried, either of his parents, shall be recognized as the representative of his estate.

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 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. 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 informed of the net amount due under the certificate or policy or furnished information not specifically mentioned herein. (R. & P. 5590, 7-12-35.)

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Disclosure to Members of Congress.-All records or documents required by any department or other agency of the United States Government shall be furnished in response to a proper request. Senators or representatives shall be furnished in their official capacity in any proper case such records, documents, or information contained in the Vets. Adm. files as may be requested for such use. However, in any unusual case, the request will be presented to the Adm. or the solicitor for personal action. When the information requested is other than the amount of pension payable to a beneficiary, the member of congress shall be advised that the information is furnished to him confidentially and the provisions of Vets. Reg. No. 11 brought to his attention. (R. & P. 5591, 7-12-35.)

Disclosure to recognized representatives of organizations.—(A) The accredited representatives of any of the organizations recognized under paragraph XVI, Vets. Reg. No. 10 may inspect the Vets. Adm. file of any claimant upon the condition that only such information contained therein as may be properly disclosed under paragraphs 5585-5601 will be disclosed by him to the claimant, or if the claimant is incompetent to his legally constituted fiduciary. All other information in the file 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 Vets. Adm. of the claim of the claimant in those cases where the organization has, by proper power of attorney, been authorized to represent the claimant. The managers 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. When power of attorney does not obtain, the liaison officer will explain to the designated officer of the Veterans' Administration the reason for requesting the file, and the file will be made available only when in the opinion of the designated officer, it is justified; in such cases a contact report will be made out and attached to the case, outlining the reasons which justify the release of the file to the liaison officer. In any case where there is an unrevoked power of attorney, no persons or organizations other than the one named in the power of attorney shall be allowed to inspect the file; and when any claimant has filed notice with the Vets. Adm. that he does not want his file inspected, such file will not be made available for inspection. Any violation of the condition under which files are permitted to be inspected shall be brought to the immediate attention of the Adm. Where a suit has been threatened or instituted against the Government upon a claim denied by the Vets. Adm. or a prosecution against a claimant has been instituted or is being contemplated, the inspection of Vets. Adm. files as authorized in this paragraph shall be within the discretion and under the supervision of the chief attorney or the office of the solicitor. (R. & P. 5591 (A), 8-7-35.)

Information to commanding officers of State soldiers' homes.—When a request is received in a regional office or Vets. Adm. facility, from the commanding officer of a State soldiers' home, for information, other than information relative to the character of the discharge from the facility, concerning a veteran formerly domiciled in a Vets. Adm. facility, the provisions of Vets. Reg. No. 11, and R. and P. 5585, are applicable, and no disclosure will be made from the files, records, reports, and other papers and documents pertaining to any claim, whether pending or adjudicated, unless the request is accompanied by the authorization outlined in paragraph 5586 (A). However, managers of regional offices or Vets. Adm. facilities upon receipt of a request from the commanding officer of a State soldiers' home, 126824-37-18

for the character of the discharge of a veteran from a Vets. Adm. facility, will comply with the request, restricting the information disclosed solely to the character of the veteran's discharge from the facility.

Such information will be disclosed only upon receipt of a specific request therefor from the commanding officer of State soldiers' home. (R. & P. 5593, 7-12-35.)

Furnishing information regarding beneficiaries to physicians.—(A) When a beneficiary elects to secure medical attention from a private practitioner or in a hospital other than a Vets. Adm. facility, there may be furnished 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, provided there is also submitted a written authorization from the beneficiary, 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 stipulation that it is released with consent of the patient, and then only on condition that it is to be treated as a privileged communication. (R. & P. 5593 (A), 1–27–36.)

Copies of records and papers.-Any person desiring a copy of any record, paper, etc., in the custody of the Vets. Adm. which is subject to be furnished under Vets. Reg. No. 11 and R. and P. 5585-5601 must make written application for such copy to the Vets. Adm., where the records desired are located, stating specifically (1) the particular record, paper, etc., the copy of which is desired and whether certified or uncertified; (2) the purpose for which such copy is desired to be used. (R. & P. 5594, 7-12-35.)

With the application for a copy of any record, paper, etc., the applicant shall deposit the approximate amount of the lawful charge for such copy, such deposit to be returned to the applicant should the application be denied. Should the amount deposited be insufficient, the desired copy will not be delivered until such deficiency is paid. Any excess deposited over the lawful charge will be returned to the applicant. (R. & P. 5595, 7-12-35.)

Copies of reports from the War or Navy Department or copies of records of other Departments and other confidential matters will not be furnished. (R. & P. 5596, 7-12-35.)

Members of Congress will be furnished with copies desired for their own official use gratis; but copies desired for use of their constituents will be charged for at legal rates and be subject to the provisions of paragraphs 5594-5601. (R. & P. 5597, 7-12-35.)

Schedule of fees: Written copies, per 100 words-$0.25; Photostat Information copies, per sheet-$0.25; Certifications, each-$0.25. furnished under paragraph 5593 (A) shall be supplied without charge. (R. & P. 5598, 1-27-36.)

Uncertified copies may be furnished direct to the applicant by the field station having possession of the case file in which the original document is filed, subject to the provisions of paragraphs 5585-5601. If a certified copy is desired, the official in charge of the field station furnishing the copy will make the certification. (R. & P. 5600, 7-12-35.)

Cooperation with State and city health officers.-Managers of Vets. Adm. facilities and Chief Medical Officers will inform themselves and their staffs, including designated physicians, regarding the statutes and regulations of State and municipal boards of health having jurisdiction in their respective localities and will give the closest possible cooperation to such boards, especially as regards the reporting of communicable diseases. If a State or municipal regulation conflicts with health regulations of the Federal Government, or with instructions from the Vets. Adm., the Manager or Chief Medical Officer will promptly report the circumstances to Central Office and request to be advised as to procedure in the premises. (R. & P. 6942.)

Reporting cases of active pulmonary tuberculosis to boards of health. As pulmonary tuberculosis is reportable in some states and cities and not in others, it is necessary, as instructed in paragraph 6942, that chief medical officers and managers of Vets. Adm. facilities make themselves and their medical personnel acquainted with health laws of the respective States and cities in which their stations are located. When a manager of a Vets. Adm. facility effects interhospital transfer of a patient with active pulmonary tuberculosis, he will submit notice of such transfer, if required, to the health authorities of the State into which the patient is being transferred, sending a copy of his notice to the manager of the receiving facility so that the latter may know that the case has been reported. Chief medical officers, in turn, will similarly report all transfers from contract into Government hospitals outside their states, as such transfers are made, as well as discharges of active tuberculous beneficiaries from Government, including Vets. Adm. facilities, and from civil contract hospitals, entailing return of such beneficiaries into states or cities requiring reporting of active pulmonary tuberculosis. The com

pleted in-patient report cards, form 2593, from hospitals will keep chief medical officers in touch with such discharges. See also paragraph 6320, relative to precautions to be taken in the railroad transportation of tuberculous beneficiaries of the Vets. Adm. (R. & P. 6944.) Furnishing information upon request to other Federal Government agencies concerning physical and mental condition of claimants of the Vets. Adm. who are Federal employees.-The limitations of Vets. Reg. No. 11 are not applicable to the furnishing of information concerning the physical or mental condition of Vets. Adm. beneficiaries who are Federal employees, to other Federal Government agencies, when requested in writing and when such information is required for official purposes. It is entirely in accordance with the general policy of the Vets. Adm. to consider that information in one Federal agency is available for official purposes to all Federal agencies, and the fact that such information is confidential to the Federal Government does not preclude its disclosure by the Vets. Adm. to another agency of the Federal Government. Therefore, upon receipt of a written request from another Federal agency for information relative to the reason for one of their employees reporting to the Vets. Adm., the following information will be supplied:

(A) If the claimant was ordered in for examination, that fact will be stated indicating whether examination was desired to determine present physical condition or to determine if treatment was needed. (B) If, on the other hand, the claimant is in need of or in receipt of treatment, the statement will be furnished that the claimant is in need of or receiving treatment for a service-connected condition. This should sufficiently meet the needs of the other Federal agency, but if such agency actually requires specific information relative to the diagnosis or symptoms of the condition requiring treatment or under treatment, such further details may be supplied upon receipt of written request therefor, upon the clear understanding that it is to be treated as strictly confidential and should not be furnished the claimant or any other person. (R. & P. 6945.)

Furnishing information regarding physical condition of ex-service men applying for civil service examinations.-Field station heads will honor all requests received from the U. S. Civil Service Commission at Washington for information with respect to the physical condition of disabled ex-service men who made application for admittance to examinations announced from the commission's office at Washington. The furnishing of this information is not in conflict with the provisions of Vets. Reg. No. 11. At such times as information is furnished, the commission will be advised that it is of a confidential nature and should be used for official purposes only. (R. & P. 6946.)

Reports of medical examinations for private insurance companies.After consent of a veteran (or his guardian or nearest relative, if the veteran is incompetent) is obtained, forms forwarded by life and accident insurance companies, covering data as to the nature and duration of disease or injury for consideration as to payment of claims, may be filled out and returned to the said companies by physicians in the field stations of the Vets. Adm., and no charge will be made for such service notwithstanding the provisions of regulations, paragraphs 5025-5032, legal. A veteran who is under treatment in a Vets. Adm. hospital may be examined by private physicians, when necessary, to comply with the terms of his contract with an insurance company, provided such examination will not, in the opinion of the chief medical officer in charge, be detrimental to the patient's physical or mental health, and

always providing that such examination is acceptable to the patient or. if patient is incompetent, to his guardian or responsible representative. (B. & P. 6947, 9-9-32.)

1402. Inspection of records may be authorized by Administrator.

CROSS REFERENCES

See section 1401.1, par. I (g), for similar provisions as provided by Vets. Reg. No. 11.

NOTES OF DECISIONS

See section 1401.1 for revised provisions of R. & P. cited under this section.

1403. Reports of examining surgeons in pension cases open to inspection of applicant or attorney.CROSS REFERENCES

See section 1401.1, par. I (g), for similar provisions as provided by Vets. Reg. No. 11.

NOTES OF DECISIONS

The Regulations Governing Pensions (Pen. Reg.) were canceled effective Jan. 25, 1936.

1404. Reports of special examiners in pension cases open to inspection by the applicant or his attorney.—

CROSS REFERENCES

See section 1401.1, par. I (g), for similar provisions as provided by Vets. Reg. No. 11.

NOTES OF DECISIONS

The Regulations Governing Pensions (Pen. Reg.) were canceled effective Jan. 25, 1936.

1405. Copies of records to be furnished; fees.—

CROSS REFERENCES

See section 1401.1, par. I (g), for similar provisions as provided by Vets. Reg. No. 11.

NOTES OF DECISIONS

The Regulations Governing Pensions (Pen. Reg.) were canceled effective Jan. 25, 1936.

ATTORNEYS, AGENTS, AND REPRESENTATIVES

Chapter XXI.-ATTORNEYS, AGENTS, AND REPRESENTATIVES

Rules and regulations governing recognition of attorneys, agents and other persons representing claimants for pension before the Veterans' Administration, as set forth on pages 467 to 472, inclusive, of Senate Document No. 131, 72d Congress, Federal Laws Relating to Veterans of Wars of the United States, were followed generally in the instructions relating to recognition of pension attorneys and pension claim agents which were promulgated by the Administrator of Veterans' Affairs under the authority contained in paragraph XVII of Veterans Regulation No. 10 (March 31, 1933, Ex. O. 6098.) However, such recognition of pension attorneys and pension claim agents was extended to pension and compensation claims of World War veterans and their dependents, which recognition had previously been barred by the provisions of Section 500 of the World War Veterans' Act, 1924, as amended. The Act of June 29, 1936 (Public No. 844, 74th Congress), with certain exceptions, repealed all Acts or Veterans Regulations or parts thereof pertaining to recognition of organizations or recognition of or payment of fees to agents, attorneys or other persons for the preparation, presentation, or prosecution of claims for benefits administered by the Veterans' Administration, and authorized the Administrator of Veterans' Affairs, under such rules and regulations as he may prescribe, to recognize agents and attorneys in the preparation, presentation, and prosecution of claims under statutes administered by the Veterans' Administration. (See Sections 1411.1 and 1411.3 hereof.) The provisions of Regulations and Procedure, promulgated under Public No. 844, 74th Congress, are as follows, the numbers preceding the paragraphs being the numbers of the procedural part of Regulations and Procedure: RECOGNITION OF ATTORNEYS AND AGENTS, RULES OF PRACTICE AND INFORMATION CONCERNING FEES, PUBLIC NO. 844, 74TH CONGRESS

5629. All attorneys and agents who have complied with the rules authorized by Veterans Regulation No. 10, Paragraph XVII, governing the admission of attorneys and agents to practice before the Veterans Administration in the presentation of claims for pension and who have been duly admitted to practice as such and are in good standing on the date hereof, will be recognized to practice before the Veterans Administration as attorneys or agents under Public No. 844, 74th Congress, approved June 29, 1936, without further application on their part or admission by the Veterans Administration, subject to the provisions of said Public No. 844, and the regulations and rules promulgated thereunder.

5630. The policy of the Veterans Administration precludes the admittance to practice as an attorney or agent, any person who is an officer or employee, appointive or elective, of any veteran, welfare, or state, county, or municipal organization engaged in assisting claimants in presenting claims before the Veterans Administration without fee or emolument. Furthermore, it is contrary to the policy to permit an attorney or agent to transact claims business from or at an office from or at which a veteran or welfare organization, or an agency of a state or other political subdivision, carries on its work incident to assisting claimants in presenting claims before the Veterans Administration or to use the stationery of such organization or agency in transacting his claims business.

5631. Applicants for admission to practice as attorneys will be presumed to have such knowledge of the law and regulations as to qualify them to render substantial service, but applicants for admission to practice as agents shall be required to prove their fitness to render substantial service by undergoing a written examination testing their knowledge of the laws administered by the Veterans Administration and regulations promulgated thereunder, as to which separate instructions will be issued.

ADMISSION TO PRACTICE

5632. Attorneys.-Any person of good moral character and of good repute who is an attorney at law in good standing and a citizen of the United States, or has declared his intention to become such a citizen, may be admitted to practice as an attorney, if not prohibited by law, and represent claimants before the Veterans Administration, by presenting for that privilege his properly executed application on the form prescribed by the Administrator (V. A. Form 3186). 5633. Agents. Any competent person of good moral character and of good repute, who is a citizen of the United States, or who has declared his intention to become such a citizen, and who is not an attorney at law, may be admitted to practice as agent, if not prohibited by law, and represent claimants before the Veterans Administration by presenting his properly

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