[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: 38CFR14.667]

[Page 595]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.667  Claims payable.

    (a) No claim shall be paid unless timely filed in proper form as 
provided in Sec. 14.665 and the preponderance of the evidence 
establishes that the loss or damage:
    (1) Actually occurred and the amount claimed is reasonable,
    (2) Was incident to the employee's service and his or her possession 
of the property was reasonable, useful, or proper under the 
circumstances,
    (3) Did not occur at quarters occupied within the 50 States or the 
District of Columbia that were not assigned to the claimant or otherwise 
provided in kind by the United States.
    (4) Was not caused wholly or partly by the negligent act of 
claimant, the claimant's agent, or employee, and that the claimant has 
no right to indemnification for the loss or damage from other than the 
United States, except to the extent that the claimant assigns such right 
to the United States and agrees to furnish evidence required to enable 
the United States to enforce such right. In the event there is a right 
to recovery for the loss or damage from a carrier or insurer the 
claimant will be required to file a timely claim for such recovery 
before consideration of the claim against the United States.
    (b) No claim for the cost of repair or replacement of personal 
property of employees damaged or destroyed by patients or domiciliary 
members while such employees are engaged in the performance of official 
duties shall be entertained under Sec. Sec. 14.664 through 14.667, 
unless claim filed pursuant to 38 U.S.C. 703(a)(5) (Sec. 17.78 of this 
chapter) has been finally denied for the reason that such claim did not 
meet the criteria established by that law.

[38 FR 5475, Mar. 1, 1973, as amended at 42 FR 41422, Aug. 17, 1977]