[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR728.52]

[Page 329-331]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 728_MEDICAL AND DENTAL CARE FOR ELIGIBLE PERSONS AT NAVY MEDICAL 
DEPARTMENT FACILITIES--Table of Contents
 
            Subpart F_Beneficiaries of Other Federal Agencies
 
Sec. 728.52  Veterans Administration beneficiaries (VAB).

    (a) Eligible beneficiaries--Those who have served in the Armed 
Forces, have been separated under conditions other than dishonorable, 
and have been determined by the Veterans Administration (VA) to be 
eligible for care at VA expense. Prior to 7 September 1980, veterans 
status could be obtained by virtue of 1 day's honorable service. The 
following restrictions do not apply to individuals who are discharged 
from active duty because of a disability or who were discharged for 
reasons of ``early out'' or hardship program under 10 U.S.C. 1171 and 
1173.
    (1) For individuals with an original enlistment in the military 
service after 7 September 1980, the law generally denies benefits, 
including medical care.
    (2) For individuals entering service after 16 October 1981, the law 
generally denies medical benefits when such individuals do not complete 
the shorter of:
    (i) Twenty-four months of continuous active duty, or
    (ii) The full period for which that person was called or ordered to 
active duty.
    (b) Inpatient control--Each VAB admitted will be required to conform 
to regulations governing the internal administration of the naval 
facility. Restrictive or punitive measures, including disciplinary 
action or denial of privileges, will conform as nearly as possible to VA 
instructions.
    (c) Resolution of problems--All problems pertaining to VABs, 
including admission, medical or other records, and all correspondence 
will be matters of resolution between the commanding officer of the 
naval facility and the VA

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office of jurisdiction authorizing admission. Questions of policy and 
administration which cannot be so resolved will be forwarded, through 
the normal chain of command, to the Administrator of Veterans Affairs 
via COMNAVMEDCOM for resolution.
    (d) Care in the United States--(1) Inpatient care. An eligible VAB 
may be admitted to a naval MTF on presentation of a written 
authorization for admission signed by an official of the VA office of 
jurisdiction. Neurological and certain neuropsychiatric patients without 
obvious evidence of psychosis and not requiring restraints, and 
instances of suspected tuberculosis, may be admitted for diagnosis. When 
diagnosed, promptly report instances of psychosis, psychoneurosis, and 
tuberculosis of present clinical significance to the VA office of 
jurisdiction with a request for transfer to a VA facility.
    (i) Extent of care. Provide eligible VABs medical and surgical care, 
including prostheses such as eyes and limbs and appliances such as 
hearing aids, spectacles, or orthopedic appliances when required for the 
proper treatment of the condition upon which eligibility is based.
    (ii) Disposition of emergency admission. Notify the appropriate VA 
office of jurisdiction by message or other expeditious means within 72 
hours after the date and hour of an emergency admission of a potential 
VAB. Include a request for an authorization for admission and emergency 
treatment. If VA denies VAB status to such a person admitted in an 
emergency, the provisions of Sec. 728.81(a) are applicable. Once 
admitted in an emergency situation, discharage a VAB promptly upon 
termination of the emergency unless arrangements have been made with the 
VA office of jurisdiction:
    (A) For transfer to a VA treatment facility if further treatment is 
required.
    (B) To retain the patient as a VAB in the naval MTF.
    (2) Outpatient care. Outpatient care, including post hospitalization 
outpatient care, may be provided upon authorization by the VA office of 
jurisdiction. When outpatient followup care is requested, commanding 
officers are responsible for determining whether capabilities and 
workload permit providing such care. In an emergency, provide necessary 
care.
    (3) Physical examinations. Upon a determination by a naval MTF 
commanding officer that space, facilities, and capabilities exist, naval 
MTFs may provide physical examinations when requested by the VA for the 
purpose of adjudicating claims for VA physical disability compensation. 
If authorized by the VA, patients may be admitted when the examination 
requires more than 1 day.
    (4) Dental care. Limit dental treatment to inpatients who require 
services adjunctive to medical or surgical conditions for which 
hospitalized.
    (e) Care outside the United States--(1) Eligible beneficiaries. 
Beneficiaries described in paragraph (a) of this section who are 
citizens of the United States and residing or sojourning abroad may, 
within the capabilities of the facility as determined by the commanding 
officer, be provided inpatient and outpatient care upon presentation of 
an authorization from the appropriate VA office of jurisdiction listed 
in paragraph (e)(3) of this section.
    (2) Emergency care. Overseas naval MTFs furnishing emergency care to 
potential VABs will promptly notify the appropriate VA office of 
jurisdiction and request authorization for treatment and instructions 
for disposition of the patient.
    (3) Offices of jurisdiction. The following activities are vested 
with responsibility for issuing authorizations for care and furnishing 
dispisition instructions for VABs in overseas naval MTFs:
    (i) In the Trust Territory of the Pacific (Micronesia), VA Office, 
Honolulu, Hawaii.
    (ii) In the Philippines, VA Regional Office, Manila, Philippines.
    (iii) In Canada, Canadian Department of Veterans Affairs, Ottawa, 
Canada.
    (iv) In all other foreign countries, consular offices of U.S. 
embassies.
    (f) Forms required. (1) Complete a VA 10-10 (Application for Medical 
Benefits) when potential VABs are admitted for emergency care without 
prior authorization.

[[Page 331]]

    (2) Prepare a VA 10-10m (Medical Certificate and History) when care 
is rendered. All information required in the medical certificate thereon 
will be furnished whether the admission is subsequently approved or 
disapproved by the VA office of jurisdiction.
    (3) Since the completion of VA 10-10m requires an examination of 
patients, admissions which are disapproved will be reported as medical 
examinations on DD 7A, Report of Treatment Furnished Pay Patients, 
Outpatient Treatment Furnished (part B) (See subpart J).
    (4) Prepare and submit a DD 7 (Report of Treatment Furnished Pay 
Patients, Hospitalization Furnished (part A)) on all VABs and potential 
VABs admitted (see subpart J).
    (5) Complete an SF 502 (Narrative Summary) or SF 539 (Abbreviated 
Clinical Record), as appropriate, when a VAB or potential VAB is 
discharged or otherwise released. When an interim report of 
hospitalization is requested by the VA office of jurisdiction, it may be 
prepared on an SF 502.