[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: 38CFR14.619]

[Page 583]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.619  Collection action.

    (a) In a case where the Regional Counsel determines that medical 
care and services were furnished as a result of the negligence of a 
third party, other than an employee of the United States while acting in 
the scope of his or her employment, the Regional Counsel will request 
payment in full of the amount of damage from the person liable therefor 
or such person's insurer.
    (b) The Regional Counsel may collect, compromise, suspend, or 
terminate collection activity on any such claim as is authorized under 
Sec. 2.6(e)(3) of this chapter. However, claims in excess of $100,000 
may be compromised, settled, or waived only with the prior approval of 
the Department of Justice, which will be obtained through the General 
Counsel. Any such claim that has not been collected in full and which 
has not been compromised, suspended or terminated will be referred by 
the Regional Counsel to the appropriate U.S. Attorney along with 
appropriate information necessary to protect the interest of the 
Government. A copy of the referral to the U.S. Attorney will be sent to 
the General Counsel's office.
    (c) In a case where the Regional Counsel determines that a claim is 
appropriate under the provisions of Sec. 17.48(g) of this chapter or 38 
U.S.C. 1729, for the cost of medical, hospital, or surgical care, the 
Regional Counsel may assert the claim and collect payment in full. The 
Regional Counsel may compromise, settle, waive, suspend or terminate 
collection activity on any claim not exceeding $100,000. Claims in 
excess of $100,000 may only be compromised, settled, or waived with the 
approval of the General Counsel. Any such claim not compromised, 
settled, or waived or where collection action is not suspended or 
terminated will be referred to the appropriate United States Attorney 
with sufficient data to enable that office to protect the interest of 
the Government. A copy of all materials referred to the United States 
Attorney will be furnished the General Counsel.

(Authority: 38 U.S.C. 1729(c)(1))

[42 FR 41418, Aug. 17, 1977, as amended at 43 FR 10560, Mar. 14, 1978; 
51 FR 23227, June 26, 1986; 58 FR 39153, July 22, 1993; 61 FR 27785, 
June 3, 1996]

Representation of Department of Veterans Affairs Claimants; Recognition 
 of Organizations, Accredited Representatives, Attorneys, Agents; Rules 
    of Practice and Information Concerning Fees, 38 U.S.C. 5901-5905