[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: 38CFR14.601]

[Page 576-577]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec.  14.601  Investigation and development.

    (a) Development of untoward incidents. (1) A report of any collision 
involving a

[[Page 577]]

Government-owned vehicle which results in property damage or personal 
injury or death will be made by the operator of the Government vehicle 
immediately following the accident, on SF 91, Operator's Report of Motor 
Vehicle Accident, and shall be submitted to the Director of the facility 
involved. A copy of said report, accompanied by an executed copy of VA 
Form 2162, Report of Accident, will be promptly submitted by the 
Director to the appropriate Regional Counsel, who will authorize such 
additional investigation as the circumstances of the case may warrant. 
Forms required by other agencies will continue to be used in addition to 
VA Form 2162.
    (2)(i) Any incident resulting in damage to, or loss of, property, 
other than personal effects of a patient in a Department of Veterans 
Affairs facility, or in personal injury or death, due apparently or 
allegedly to the negligent or wrongful act or omission of an employee of 
the Department of Veterans Affairs acting within the scope of his or her 
office or employment, or damage to or loss of Government-owned property 
caused by other than a Department of Veterans Affairs employee acting 
within the scope of his or her office or employment, will be immediately 
reported. The Director of the facility where such occurrence took place 
will promptly transmit a copy of the report to the appropriate Regional 
Counsel who will authorize such additional investigation as the 
circumstances of the case may warrant.
    (ii) Where the incident involves the loss of personal effects of a 
patient in a Department of Veterans Affairs facility, the Director will 
assist the patient in completing an SF 95, Claim for Damage, Injury, or 
Death, and will advise the patient that it will be forwarded immediately 
to the appropriate Regional Counsel for consideration. The Director will 
forward along with the claim a brief summary of the facts, as well as 
his or her recommendation, to the Regional Counsel. The Regional Counsel 
will expedite the processing of claims of this nature.
    (3) An employee will be designated at each facility to investigate 
motor vehicle collisions and other incidents involving damage to, or 
loss of privately owned property or personal injury or death, apparently 
or allegedly resulting from the negligent or wrongful act or omission of 
an employee of the Department of Veterans Affairs acting within the 
scope of his or her employment, other than investigation of alleged 
malpractice, or damage to or loss of Government-owned property caused by 
other than Department of Veterans Affairs employees. In Central Office, 
the designation will be made by the Director of Support Service, Office 
of the Assistant Secretary for Human Resources and Administration, and 
at all other facilities, by the Director.
    (4) The Regional Counsel for the area in which a field facility is 
located will be responsible for processing claims involving motor 
vehicle collisions and other occurrences resulting in property damage, 
personal injury, or death, within such area. The Baltimore Regional 
Counsel will also have jurisdiction, except as otherwise provided in 
paragraph (a)(3) of this section over incidents occurring in Department 
of Veterans Affairs Central Office.
    (b) Development of medical malpractice claims. In medical 
malpractice cases, the Regional Counsel may refer a claim to the Under 
Secretary for Health via the Director, Medical-Legal Affairs for review 
and for professional opinion or guidance. In the consideration of claims 
involving a medical question, the responsible Regional Counsel involved 
and the General Counsel will be guided by the views of the Under 
Secretary for Health as to the standard of medical care and treatment, 
the nature and extent of the injuries, the degree of temporary or 
permanent disability, the prognosis, the necessity for future treatment 
or physical rehabilitation, and any other pertinent medical aspects of a 
claim.

(Authority: 28 U.S.C. 2671-2680; 38 U.S.C. 512, 515; 28 CFR part 14, 
appendix to part 14)

[42 FR 41414, Aug. 17, 1977. Redesignated and amended at 61 FR 27784, 
June 3, 1996; 64 FR 47112, Aug. 30, 1999]