[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR1.490]

[Page 34]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 1_GENERAL PROVISIONS--Table of Contents
 
Sec.  1.490  Legal effect of order.

    The records to which Sec. Sec.  1.460 through 1.499 of this part 
apply may be disclosed if authorized by an appropriate order of a court 
of competent jurisdiction granted after application showing good cause 
therefore. In assessing good cause the court is statutorily required to 
weigh the public interest and the need for disclosure against the injury 
to the patient or subject, to the physician-patient relationship, and to 
the treatment services. Upon the granting of such order, the court, in 
determining the extent to which any disclosure of all or any part of any 
record is necessary, is required by statute to impose appropriate 
safeguards against unauthorized disclosure. An order of a court of 
competent jurisdiction to produce records subject to Sec. Sec.  1.460 
through 1.499 of this part will not be sufficient unless the order 
reflects that the court has complied with the requirements of 38 U.S.C. 
7332(b)(2)(D). Such an order from a Federal court compels disclosure. 
However, such an order from a State court only acts to authorize the 
Secretary to exercise discretion pursuant to 38 U.S.C. 5701(b)(5) and 38 
CFR 1.511 to disclose such records. It does not compel disclosure.

(Authority: 38 U.S.C. 7332(b)(2)(D))