[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: 38CFR14.604]

[Page 578]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.604  Filing a claim.

    (a) Each person who inquires as to the procedure for filing a claim 
against the United States, predicated on a negligent or wrongful act or 
omission of an employee of the Department of Veterans Affairs acting 
within the scope of his or her employment, will be furnished a copy of 
SF 95, Claim for Damage, Injury, or Death. The claimant will be advised 
to submit the executed claim directly to the Regional Counsel having 
jurisdiction of the area wherein the occurrence complained of took 
place. He or she will also be advised to submit the information 
prescribed by 28 CFR 14.4 to the extent applicable. If a claim is 
presented to the Department of Veterans Affairs which involves the 
actions of employees or officers of other agencies, it will be forwarded 
to the Department of Veterans Affairs General Counsel, for appropriate 
action in accord with 28 CFR 14.2.
    (b) A claim shall be deemed to have been presented when the 
Department of Veterans Affairs receives from a claimant, his or her duly 
authorized agent or legal representative, an executed SF 95, or other 
written notification of an incident, together with a claim for money 
damages, in a sum certain, for damage to or loss of property or personal 
injury or death: Provided, however, That before compromising or settling 
any claim, an executed SF 95 shall be obtained from the claimant.
    (c) A claim presented in compliance with paragraphs (a) and (b) of 
this section may be amended by the claimant at any time prior to final 
Department of Veterans Affairs action or prior to the exercise of the 
claimant's option under 28 U.S.C. 2675(a). Amendments shall be submitted 
in writing and signed by the claimant or his or her duly authorized 
agent or legal representative. Upon the timely filing of an amendment to 
a pending claim, the Department of Veterans Affairs shall have 6 months 
in which to make a final disposition of the claim as amended and the 
claimant's option under 28 U.S.C. 2675(a) shall not accrue until 6 
months after the filing of the amendment.

(Authority: 28 U.S.C. 1346(b)(1), 2401(b), 2671-2680; 38 U.S.C. 512, 
515; 28 CFR part 14, appendix to part 14)

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