[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: 38CFR1.500]

[Page 37-38]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 1_GENERAL PROVISIONS--Table of Contents
 
Sec. 1.500  General.

    (a) Files, records, reports, and other papers and documents 
pertaining to any claim filed with the Department of Veterans Affairs, 
whether pending or adjudicated, and the names and addresses of present 
or former personnel of the armed services, and their dependents, in the 
possession of the Department of Veterans Affairs, will be deemed 
confidential and privileged, and no disclosure therefrom will be made 
except in the circumstances and under the conditions set forth in 
Sec. Sec. 1.501 through 1.526.
    (b) A claimant may not have access to or custody of official 
Department of

[[Page 38]]

Veterans Affairs records concerning himself or herself nor may a 
claimant inspect records concerning himself or herself. Disclosure of 
information from Department of Veterans Affairs records to a claimant or 
his or her duly authorized agent or representative may be made, however, 
under the provisions of Sec. Sec. 1.501 through 1.526.
    (c) Each administration, staff office, and field facility head will 
designate an employee(s) who will be responsible for initial action on 
(granting or denying) requests to inspect or obtain information from or 
copies of records under their jurisdiction and within the purview of 
Sec. Sec. 1.501 through 1.526 unless the regulations in this part 
currently contain such designations. The request should be made to the 
office concerned (having jurisdiction of the record desired) or, if not 
known, to the Director or Veterans Assistance Officer in the nearest VA 
regional office, or to the VA Central Office, 810 Vermont Avenue NW., 
Washington, DC 20420. Personal contacts should normally be made during 
the regular duty hours of the office concerned, which are 8 a.m. to 4:30 
p.m., Monday through Friday, for VA Central Office and most field 
facilities. Any legal question arising in a field facility concerning 
the release of information will be referred to the appropriate Regional 
Counsel for disposition as contemplated by Sec. 13.401 of this chapter. 
In central office such legal questions will be referred to the General 
Counsel. Any administrative question will be referred through 
administrative channels to the appropriate administration or staff 
office head.
    (d) Upon denial of a request under paragraph (c) of this section, 
the responsible Department of Veterans Affairs official or designated 
employee will inform the requester in writing of the denial and advise 
him or her that he or she may appeal the denial. The requester will also 
be furnished the title and address of the Department of Veterans Affairs 
official to whom the appeal should be addressed. (See Sec. 1.527.) In 
each instance of denial of a request, the denial will be made a matter 
of record and the record will contain a citation to the specific 
provision of Department of Veterans Affairs regulations upon which the 
denial is based.

[24 FR 8174, Oct. 8, 1959, as amended at 32 FR 10848, July 25, 1967; 38 
FR 15601, June 14, 1973]