[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: 38CFR14.665]

[Page 594-595]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.665  Claims.

    (a) The claim must be presented in writing on VA Form 2-4760, 
Employee's Claim for Reimbursement for Personal Property Damaged or Lost 
Incident to Employment. It will be submitted to the personnel office 
where the claim originates within 2 years after it accrues except that 
if the claim accrues in time of war or in time of armed conflict in 
which any Armed Force of the United States is engaged or if such war or 
armed conflict intervenes within 2 years after it accrues, and if good 
cause is shown, the claim may be presented not later than 2 years after 
that cause ceases to exist. The claim must be executed and certified by 
the officer or the employee suffering the loss or damage, or in the 
event of his or her death, by the surviving spouse, children, father or 
mother or both, or brothers or sisters or both. Claims of survivors 
shall be settled and paid in the order named. All claims must contain 
the following:
    (1) The date, time, and place the loss or damage occurred and the 
circumstances surrounding such loss or damage, together with the 
supporting statements of any witnesses who can verify such facts.
    (2) In the event of damage, the date of acquisition, original cost, 
condition before damage, and at least two estimates of the cost of 
repair or replacement. In the event of loss, the date of acquisition, 
the original cost, the condition, and an estimate of the reasonable 
market value of the article or articles.
    (3) A statement as to any claims or potential claim he or she may 
have for indemnification of the loss or damage against other than the 
United States and whether he or she will assign such to the United 
States and cooperate in its prosecution. Where such claim or potential 
claim is against a carrier or insurer, evidence that a timely claim has 
been properly made. Where a recovery from the carrier or his or her 
insurer has been obtained or offered, such information shall be 
included.
    (4) In cases involving damage or destruction of personal property by 
patients or domiciliary members, a statement as to whether a claim was 
filed pursuant to 38 U.S.C. 703(a)(5) and whether such claim has been 
finally denied.
    (b) The Personnel Officer receiving the claim will forward same to 
the person designated to investigate accidents at the station pursuant 
to Sec. 14.605 within 5 days after receipt.
    (c) The employee designated pursuant to Sec. 14.605 will ascertain 
if such claim is complete in all respects and conduct such investigation 
as is necessary to establish all facts required to properly evaluate the 
claim both as to merit and the reasonable amount payable for the loss or 
damage. Where it is indicated that the claimant may have a potential 
claim against other than the United States, the employee designated will 
secure a suitable assignment of all right and title to such claim, to 
the extent the United States makes reimbursement, and the agreement of 
the claimant to furnish such evidence as may be necessary to pursue such 
claim. If the potential claim is

[[Page 595]]

against a carrier or insurer, the employee designated will ascertain 
that the claimant has filed a timely proper claim and procure evidence 
thereof. The employee designated will also include information 
concerning any offer of settlement the carrier may have made. The 
completed investigation, original claim and supporting evidence will be 
forwarded to the appropriate Regional Counsel.

[38 FR 5475, Mar. 1, 1973, as amended at 42 FR 41421, Aug. 17, 1977]