[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: 38CFR14.640]

[Page 591-592]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec.  14.640  Purpose.

    (a) Sections 14.640 through 14.643 establish policy, assign 
responsibilities and prescribe procedures with respect to:
    (1) When, and under what circumstances, VA will grant authorized 
claimants' representatives read-only access to the automated Veterans 
Benefits Administration (VBA) claims records of those claimants whom 
they represent;
    (2) The exercise of authorized access by claimants' representatives; 
and
    (3) The bases and procedures for disqualification of a 
representative for violating any of the requirements for access.
    (b) VBA will grant access to its automated claimants' claims records 
from locations outside Regional Offices under the following conditions. 
Access will be provided:
    (1) Only to individuals and organizations granted access to 
automated claimants' records under Sec. Sec.  14.640 through 14.643;
    (2) Only to the claims records of VA claimants whom the organization 
or individual represents as reflected in the claims file;
    (3) Solely for the purpose of the representative assisting the 
individual claimant whose records are accessed in

[[Page 592]]

a claim for benefits administered by VA; and
    (4) On a read-only basis. Individuals authorized access to VBA 
automated claims records under Sec. Sec.  14.640 through 14.643 will not 
be permitted to modify the data.
    (c)(1) Access will be authorized only to the inquiry commands of the 
Benefits Delivery Network which provide access to the following 
categories of data:
    (i) Beneficiary identification data such as name, social security 
number, sex, date of birth, service number and related service data; and
    (ii) Claims history and processing data such as folder location, 
claim status, claim establishment date, claim processing history, award 
data, rating data, including service-connected medical conditions, 
income data, dependency data, deduction data, payment data, educational 
facility and program data (except chapter 32 benefits), and education 
program contribution and delimiting data (except chapter 32 benefits).
    (2) Access to this information will currently be through the inquiry 
commands of BINQ (BIRLS (Beneficiaries Identification and Records 
Location Subsystem) Inquiry), SINQ (Status Inquiry), MINQ (Master Record 
Inquiry), PINQ (Pending Issue Inquiry) and TINQ (Payment History 
Inquiry). The identifying information received from BIRLS to 
representative inquiries will be limited to file number, veteran's name, 
date of death, folder location and transfer date of folder, insurance 
number, insurance type, insurance lapse date and insurance folder 
jurisdiction.
    (d) Sections 14.640 through 14.643 are not intended to, and do not:
    (1) Waive the sovereign immunity of the United States; or
    (2) Create, and may not be relied upon to create, any right or 
benefit, substantive or procedural, enforceable at law against the 
United States or the Department of Veterans Affairs.