[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: 38CFR14.503]

[Page 569-570]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec.  14.503  Requests for legal advice and assistance in other 

than domestic relations matters.

    (a) Requests from administrative officials in the field for legal 
advice or assistance will be addressed to the appropriate Regional 
Counsel and will be in writing if requested by the Regional Counsel. 
Questions regarding insurance activities at St. Paul and Philadelphia 
should be referred to the Regional Counsel at the respective station. 
Except as to matters referred to in Sec.  14.504(b), the Regional 
Counsel's authority to render legal advice and assistance shall extend 
to the release (unless otherwise instructed by the General Counsel), 
without prior approval of the General Counsel, of opinions on all legal 
questions which are either:
    (1) Wholly controlled by the interpretation or application of the 
laws of the State or States in the district office area, or
    (2) Covered by Department of Veterans Affairs precedents and 
opinions of the General Counsel which the Regional Counsel knows to be 
currently authoritative on the issues involved.

In cases covered by Sec.  14.504(b) and all others not included in 
paragraph (a)(1)

[[Page 570]]

or (2) or paragraph (b) of this section, the Regional Counsel will 
prepare a tentative opinion (including identification of the benefit 
sought) and forward it to the General Counsel for review. When it is 
returned, the Regional Counsel will conform the opinion (if necessary) 
to the views of the General Counsel, and release it to the requesting 
official. The Regional Counsel may release any modified opinion as the 
opinion of the General Counsel.
    (b) The Regional Counsel may submit to the General Counsel any legal 
question, opinion, or question pertinent to legal functions, upon which 
the views or advice of the General Counsel are desired. This request 
should set forth the special circumstances, contain a statement of the 
legal implications involved (including any Department of Veterans 
Affairs benefits claimed), set forth the facts out of which they arise, 
and cite any statutes or court decisions readily available, regulations, 
related opinions of the General Counsel and other matters deemed 
pertinent, with appropriate discussion. If any administration will be 
affected, a copy of the reply will be forwarded to that administration 
head.

[42 FR 41411, Aug. 17, 1977, as amended at 54 FR 34982, Aug. 23, 1989]