RELEASE OF INFORMATION CONCERNING CLAIMANTS AND BENEFICIARIES

1.310 Disclosure in general-(a) When service was after April 20, 1898. Files, records, reports, and other papers and documents pertaining to any claim filed with the Veterans' Administration whether pending or adjudicated, in the cases of persons who served on or after April 21, 1898, will be deemed confidential and privileged and no disclosure thereof will be made except as provided in §§ 1.310-1.330.

(b) When service was prior to April 21, 1898. When not prejudicial to the interests of the Government and, so far as may be apparent, to the interests of any living person, files, records, reports and other papers and documents pertaining to any claim filed with or in the custody or control of the Veterans' Administration in the cases of persons who served prior to but not on or after April 21, 1898, may be inspected by any person, and information given from such files, records, reports, and other documents, under the conditions prescribed in § 1.320 (b).*+

*§§ 1.310 to 1.330, inclusive, issued under the authority contained in R.S. 471, secs. 1, 5, 43 Stat. 607, 608, secs. 1, 2, 46 Stat. 1016; 38 U.S.C. 2, 11, 11a, 421, 426; interpret sec. 7, 48 Stat. 9; 38 U.S.C. 707.

CROSS REFERENCES: For persons authorized to represent claimant see § 1.318. For disclosure of information and furnishing copies of records, see § 35.11.

1.311 Military record-(a) Disclosure of information. Information received by the Veterans' Administration from the War and Navy Departments relative to the military service of a claimant is furnished solely for the official use of the Veterans' Administration, and such information may be disclosed to the claimant or his duly authorized representative, if such disclosure will not be injurious to the physical and mental health of the claimant, only when such information is to be used by the claimant or his duly authorized representative in connection with his claim pending before the Veterans' Administration.

(b) Requests for information by person other than claimant. When requests for information concerning the military service of a claimant are received from any person other than the claimant himself, or his duly authorized representative, the applicant will be advised that such information is furnished the Veterans' Administration by the War and Navy Departments for official use only, and, therefore, may not be released by the Veterans' Administration except to the claimant or his duly authorized representative. The applicant will also be advised that his application for the information requested should be made to the War Department, if the veteran served in the United States Army; or to the Navy Department, if the veteran served in the United States Navy, or United States Marine Corps, or to the Coast Guard, Treasury Department, if the veteran served in the United States Coast Guard, or the United States Revenue Cutter Service.

(c) Lists. Lists of claimants will not be furnished attorneys or agents and will be furnished only to such others as the Administrator of Veterans' Affairs may direct.

+For source citation, see note to § 1.6.

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(d) Addresses. When an address is requested that may not be furnished under §§ 1.310-1.330, the person making the request will be informed that a letter enclosed in an unsealed envelope, bearing sufficient postage, without return address, with the name of the addressee thereon, will be forwarded by the Veterans' Administration, but this procedure will be followed 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 by commercial firms, collection agencies, and other like concerns.*†

1.312 Disclosure to claimants; and concerning payments. Disclosure of information from the files, records, reports, and other papers and documents pertaining to claims filed with the Veterans' Administration shall be made by the regional office or facility having possession of the case file:

(a) To a claimant or his duly authorized representative, as to matters concerning himself alone when such disclosure would not be injurious to the physical or mental health of the claimant.

(b) The amount of pension or compensation of any beneficiary shall be made known to any person who applies for such information.*+

1.313 Disclosure to courts in proceedings in the nature of an inquest. The solicitor, chief attorneys, and managers of facilities 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, and such officers are further authorized to make disclosure of payments to guardians, curators, or conservators to any court having jurisdiction of such fiduciaries in all matters of appointment, discharge or accounting in such courts.*†

1.314 Disclosure in cases where incompetent claimants are charged with or convicted of criminal offenses. Where incompetent claimants are charged with, or convicted of, offenses other than those growing out of their relations 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 or the solicitor 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 beneficiaries, 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 herein stated for handling offenses growing out of relations with the Veterans' Administration.**

1.315 Judicial proceedings generally. Where a suit has been threatened or instituted against the Government, other than for insurance under section 19 of the World War Veterans' Act, 1924 (43 Stat. 612; 38 U.S.C. 445), as amended, or a prosecution against a claimant has been instituted or is being contemplated, the request

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*For statutory citation, see note to §1.310.

of the claimant or his duly authorized representative for information, documents, reports, etc., shall be acted upon by the solicitor in central office or the chief attorney in the field station, who shall determine the action to be taken with respect thereto. In cases involving insurance litigation (suits for insurance filed under section 19 of the World War Veterans' Act, 1924, as amended) the request shall be acted upon by the director of insurance. 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 (d); 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 manager of the 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 subpena will be referred to the solicitor in central office or to the chief attorney in the field station for disposition.

(a) The address of a Veterans' Administration claimant as shown by Veterans' Administration files may be furnished to duly constituted police or court officials upon proper request and the submission of a certified copy either of the indictment returned against the claimant or of the warrant issued for his arrest. Such requests shall be forwarded for disposition to the service in central office or division in the field station having jurisdiction over the subject

matter.

(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 produced in the court out of which process has 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 subpena is issued on praecipe of a party litigant other than the United States such party litigant must prepay the cost of copies in accordance with fees prescribed by 8 1.328 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, 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, and 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 a fraud

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or other injustice. Where the process received is accompanied by authorization of the claimant to comply therewith, copies of the records requested shall be furnished to the court upon the payment of the prescribed fee by the party who caused the process to be issued. Where the process shows 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 fraud or other injustice the records requested shall be furnished in response to the court's process upon the payment of the fee as prescribed by the schedule of fees by the party who caused the process to be issued. Otherwise the court shall be advised that Veterans' Administration records are confidential and privileged. Where the process received requests the production of the complete Veterans' Administration file of a claimant and compliance is deemed necessary and proper under this section, no expense to the Veterans' Administration may be involved in complying therewith and arrangements must be made with the attorney of the party causing issuance of the process to insure the submission of the file to the court without expense to the Veterans' Administration. 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 subpena or court order, will be handled by the service having jurisdiction over the subject matter. If the request is such as can be complied with under § 1.312 the records requested will be furnished upon receipt of the required fee. If, however, the records cannot be furnished under such section the applicant will be advised of the procedure to obtain copies of records for court use as set forth above.**

1.316 Disclosure prejudicial to mental or physical health of claimant. Determination of the question when disclosure of information from the files, records, reports, etc., will be prejudicial to the mental or physical health of the claimant, will be made by the medical director, central office; or the chief medical officer in the regional office or facility having regional office activities; or the manager in other facilities.**

1.318 Persons authorized to represent claimant. A duly authorized representative will be any person authorized in writing by 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. Such authorization must indicate the nature of the information desired and the purpose for which it is to be used.

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*For statutory citation, see note to § 1.310.

(a) Such information as may be properly disclosed to a claimant personally under §§ 1.310-1.330 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; provided that if it be indicated that none of such persons is living or can be found, a brother, sister, or other near next of kin may be so recognized.

(b) 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. 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 informed of the net amount due under the certificate or policy or furnished information not specifically mentioned herein.*t

CROSS REFERENCE: For regulation requiring a power of attorney before an organization may be recognized in an individual claim, see § 1.302.

1.319 Disclosure to Members of Congress and to Government departments. 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 Veterans' Administration files as may be requested for such use. However, in any unusual case, the request will be presented to the Administrator 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 § 35.11 brought to his attention.**

1.320 Inspection of records by recognized representatives of organizations-(a) Conditions of inspection. The accredited representatives of any of the organizations recognized under section 200 of the Act of June 29, 1936 (49 Stat. 2031; 38 U.S.C., Sup., 101), may inspect the Veterans' Administration file of any claimant upon the condition that only such information contained therein as may be properly disclosed under §§ 1.310-1.330 will be disclosed by him to the claimant, or if the claimant is incompetent, to his legally

*For statutory citation, see note to § 1.310. *For source citation, see note to § 1.6.

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