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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 Veterans' Administration 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 Veterans' Administration 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 Administrator. Where a suit has been threatened or instituted against the Government upon a claim denied by the Veterans' Administration 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 inspection of Veterans' Administration files as authorized in this section shall be within the discretion and under the supervision of the chief attorney or the office of the solicitor. Where a suit for insurance under section 19 of the World War Veterans' Act, 1924, as amended, has been threatened or instituted against the Government, the inspection of Veterans' Administration files as authorized in this section shall be within the discretion and under the supervision of the manager or the director of insurance.

(b) Inspection of records when service was prior to April 20, 1898. Any person may inspect the records in cases of veterans who served prior to but not after April 21, 1898, when such inspection is not prejudicial to the interests of the Government or, so far as may be apparent, to the interests of any living person, provided that, if it be shown that the veteran or any one claiming or receiving benefits by reason of his service is living, such inspection may be made only by the veteran, the claimant, or the duly authorized representative of either when not prejudicial to the interests of the Government. The examination of records or other documents relating to claims for pension or bounty land shall not extend to confidential communications, including instructions regarding, or requests for special or field examinations, summaries and recommendations of inspectors or field examiners, reports relating to criminal charges and investigations, or to evidence obtained in cases involving crimes, forfeiture, or misconduct; nor shall it extend to reports

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from the Government departments, bureaus, or other agencies, except by permission of the head of the service concerned, or his designate. No person will be permitted to take copies from such reports. Inspection of reports of official physical or mental examinations will not be permitted in cases wherein payments are being made and no claim is pending.*t

CROSS REFERENCES: For recognition of organizations, associations, and other agencies in the presentation and adjudication of claims for benefits, see § 1.300. For lists of representatives of recognized organizations, see § 1.301.

1.322 Information to commanding officers of State soldiers' homes. When a request is received in a regional office or Veterans' Administration 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 Veterans' Administration facility, the provisions of § 1.310 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 § 1.312 (a). However, managers of regional offices or Veterans' Administration facilities 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 Veterans' Administration 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."t

1.323 Furnishing information regarding beneficiaries to physicians. When a beneficiary elects to secure medical attention from a private practitioner or in a hospital other than a Veterans' Administration 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.**

1.324 Copies of records and papers. Any person desiring a copy of any record, paper, etc., in the custody of the Veterans' Administration, which is subject to be furnished under §§ 1.310-1.330 must make written application for such copy to the Veterans' Administration, where the records desired are located, stating specifically (a) the particular record, paper, etc., the copy of which is desired and whether certified or uncertified; (b) the purpose for which such copy is desired to be used.**

CROSS REFERENCE: For disclosure of information and furnishing of copies of records, see § 35.11.

*For statutory citation, see note to § 1.310.

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1.325 Cost to be deposited. 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.*†

1.326 Copies of certain records not furnished. Copies of reports from the War or Navy Department or copies of records of other departments and other confidential matters will not be furnished.**

1.327 Copies to Members of Congress. Members of Congress will be furnished with copies desired for their own official use gratis; but copies desired for use of their constitutents will be charged for at legal rates and be subject to the provisions of §§ 1.324-1.330.*†

1.328 Schedule of fees.

Written copies, per 100 words.
Photostat copies, per sheet--
Certifications, each-----

$0.25 .25

.25

Information furnished under § 1.323 shall be supplied without charge.**

1.329 Disposition of amounts collected. Receipts from the sale of copies of records, papers, etc., will be deposited to the credit of "miscellaneous receipts."**

1.330 Uncertified copies permitted by field stations. Uncertified copies may be furnished 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 §§ 1.310-1.330.*†

PART 2-ADJUDICATION: VETERANS' CLAIMS

Sec.

Service requirements

Sec.

2.1010 Adjudication of applications. 2.1000 Service requirements; World 2.1011 Adjudication of applications of

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veterans residing without the continental limits of the United States.

Adjudication of applications of employee veterans.

Adjudication of applications of veterans residing in territory in and adjacent to Washington, D. C.

Jurisdiction in death claims.
Filing of claims and supporting
evidence

2.1026 Application for benefits.
2.1027 Informal claims.
2.1028 Abandoned claims.

Requirements for submission of
evidence

2.1030 Written and oral testimony to be under oath; administration of oaths by employees.

*For statutory citation, see note to § 1.310.

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2.1031 Physicians' statements and lay 2.1080 Service connection for chronic diseases under Public, No. 2, 73d Congress.

affidavits. 2.1032 Execution of papers in a foreign

country. 2.1033 Value of service records for evidence of discharge.

Proof of relationship and dependency

2.1040 Definitions as to relationship. 2.1041 Definition of natural mother or father under Public, No. 2, 73d Congress. 2.1042 Definition of child for purposes of Public, No. 2, 73d Congress. 2.1043 Legitimacy of child. 2.1044 Veteran's child adopted by an

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Presumptive service connection for diseases listed in the second proviso, section 200, World War Veterans' Act, 1924, as amended.

Service connection for neuropsychiatric diseases

2.1090 Presumptive service connection for neuropsychiatric diseases. 2.1091 Interpretation of spinal meningitis.

2.1092 Presumption of service connection for spinal meningitis.

2.1057 Conditions which determine de- 2.1093 Presumptive service connection

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2.1066 "Line of duty" under §§ 35.011, 2.1100 Natural progress under § 35.011.

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2.1069 Forfeiture.

2.1101 Proximate results.

Service connection for dental disabilities

2.1104 Required period of service. 2.1105 Service connection.

Disposition of original applica- 2.1106 Evidence to establish service con

tion

2.1075 Preliminary action by authoriza

tion unit.

nection.

2.1107 Service connection where dental disability is not of pensionable or compensable degree.

2.1076 Original examinations for disability compensation or pension. 2.1108 Adjudication of application for

Service connection

2.1077 Direct and presumptive service

connection.

2.1078 Presumption of soundness under Public, No. 2, 73d Congress. 2.1079 Presumption of soundness under Public, No. 141, 73d Congress.

dental treatment.

2.1109 Period of presumption of service connection for dental disability. Pension or compensation for disability or death the result of training, hospitalization, or medical or surgical treatment

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2.1167

2.1130 Statutory award for loss of use of creative organ, or one or more feet or hands.

2.1131 Principles for determining entitlement to the statutory award for loss of use of a creative

organ. 2.1132 Payment of statutory award of $50 per month for arrested tuberculosis.

2.1135 Determination of arrest in pulmonary tuberculosis.

2.1136 Rating of arrest in non-pulmonary tuberculosis.

2.1137 Rating of reactivation in cases of arrested tuberculosis. Application of rating schedule 2.1141 Use of 1925 and 1933 schedules. 2.1142 Special action where evaluations provided under rating schedules are considered inadequate or excessive.

Separate combined ratings, direct and presumptive.

Rating of noncompensable disabilities under 1925 and 1933 schedules.

Rating of disabilities aggravated by active service.

Permanent total disability ratings under the World War Veterans' Act, 1924, as amended and the 1925 schedule.

Total disability ratings under Public, No. 2, 73d Congress, and the 1933 schedule. Permanent total disability ratRatings of total disability on ings generally. 2.1169 Insurance and compensation or history. pension ratings.

2.1168

2.1170 Continuance of total disability ratings.

2.1173 Determinations of incompetency or competency. 2.1174 Definition of insanity and incompetency.

2.1176 Determination of need for nurse or attendant or regular aid and attendance under Public, No. 141, 73d Congress, and under Public, No. 2, 73d Congress. When beneficiary is hospitalized at his own expense.

2.1177

2.1178

Family or relative may serve as nurse or attendant.

2.1143 Protected ratings, 1925 schedule. 2.1144 Determination of permanence.

dial conditions.

Physical examinations and reexaminations

2.1145 Use of 1933 schedule for reme- 2.1184 Claimants required to report

when requested.

2.1146 Original occupational determina- 2.1185 Reexaminations to be requested

tions, 1925 schedule.

2.1148 Effective dates of evaluations, 2.1186

1925 and 1933 schedules in orig-
inal ratings.

when necessary.

Reexaminations in claims for increased pension or compensation.

CROSS REFERENCES

Adjudication: dependents' claims: See Part 5.

Adjudication: disallowance and awards: See Part 3.

Adjudication: veterans' claims, central office section: See Part 4.

General provisions: See Part 1.

Medical regulations: See Part 25.

Veterans' regulations: See Part 35.

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