[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: 38CFR14.507]

[Page 570-571]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec.  14.507  Opinions.

    (a) A written legal opinion of the General Counsel involving 
veterans' benefits under laws administered by the Department of Veterans 
Affairs shall be conclusive as to all Department officials and employees 
with respect to the matter at issue, unless there has been a material 
change in controlling statute or regulation, a superseding written legal 
opinion by the General Counsel, or the designation on its face as 
``advisory only'' by the General Counsel or the Deputy General Counsel 
acting as or for the General Counsel. Written legal opinions having 
conclusive effect under this section and not designated as precedent 
opinions pursuant to paragraph (b) of this section shall be considered 
by the Department of Veterans Affairs to be subject to the provisions of 
5 U.S.C. 552(a)(2). Advice, recommendations, or conclusions on matters 
of Government or Department policy, contained within a written legal 
opinion, shall not be

[[Page 571]]

binding on Department officials and employees merely because of their 
being contained within a written legal opinion. Written legal opinions 
will be maintained in the Office of the General Counsel. Written legal 
opinions involving veterans' benefits under laws administered by the 
Department of Veterans Affairs, which pertain to a particular benefit 
matter, in addition to being maintained in the Office of the General 
Counsel, will be filed in the individual claim folder.
    (b) A written legal opinion of the General Counsel involving 
veterans' benefits under laws administered by the Department of Veterans 
Affairs which, in the judgment of the General Counsel or the Deputy 
General Counsel acting as or for the General Counsel, necessitates 
regulatory change, interprets a statute or regulation as a matter of 
first impression, clarifies or modifies a prior opinion, or is otherwise 
of significance beyond the matter at issue, may be designated a 
``precedent opinion'' for purposes of such benefits. Written legal 
opinions designated as precedent opinions under this section shall be 
considered by Department of Veterans Affairs to be subject to the 
provisions of 5 U.S.C. 552(a)(1). An opinion designated as a precedent 
opinion is binding on Department officials and employees in subsequent 
matters involving a legal issue decided in the precedent opinion, unless 
there has been a material change in a controlling statute or regulation 
or the opinion has been overruled or modified by a subsequent precedent 
opinion or judicial decision.
    (c) For purposes of this section, the term written legal opinion of 
the General Counsel means a typed or printed memorandum or letter signed 
by the General Counsel or by the Deputy General Counsel acting as or for 
the General Counsel, addressed to an official or officials of the 
Department of Veterans Affairs stating a conclusion on a legal issue 
pertaining to Department of Veterans Affairs activities.

(Authority: 38 U.S.C. 501)

[54 FR 5613, Feb. 6, 1989, as amended at 61 FR 68666, Dec. 30, 1996]

       Litigation (Other Than Under the Federal Tort Claims Act); 
                             Indemnification