---
kind: "range"
citation: "38 C.F.R. §§ 14.600–14.617"
title: "38"
from: "14.600"
to: "14.617"
count: 9
url: "https://uscodex.org/cfr/38/14.600..14.617"
---

# §14.600. Federal Tort Claims Act—general.

- (a) **Federal Tort Claims Act—overview.** The Federal Tort Claims Act (28 U.S.C. [1291](/usc/28/1291.md), [1346](/usc/28/1346.md), [1402](/usc/28/1402.md), [2401](/usc/28/2401.md), [2402](/usc/28/2402.md), [2411](/usc/28/2411.md), [2412](/usc/28/2412.md), and [2671 through 2680](/usc/28/2671..2680.md)) prescribes a uniform procedure for handling of claims against the United States, for money only, on account of damage to or loss of property, or on account of personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred.
- (b) **Applicable regulations.** The regulations issued by the Department of Justice at [28 CFR part 14](/cfr/28/part14.md) are applicable to claims asserted under the Federal Tort Claims Act, including such claims that are filed with VA. The regulations in [§§ 14.600 through 14.605](/cfr/38/14.600..14.605.md) of this part supplement the regulations at [28 CFR part 14](/cfr/28/part14.md).
- (c) **Delegations of authority concerning claims.** Subject to the limitations in 28 CFR [14.6(c)](/cfr/28/14.6.md?p=c), [(d)](/cfr/28/14.6.md?p=d), and [(e)](/cfr/28/14.6.md?p=e), authority to consider, ascertain, adjust, determine, compromise, and settle claims asserted under the Federal Tort Claims Act (including the authority to execute an appropriate voucher and other necessary instruments in connection therewith) is delegated as follows:
  - (1) To the Under Secretary for Health, the Deputy Under Secretary for Health, Veterans Integrated Service Network (VISN) Directors, and VA Medical Facility Directors; with respect to any non-medical malpractice claim for $5,000 or less that arises out of the operations of the Veterans Health Administration.
  - (2) To the General Counsel, Deputy General Counsel, and Chief Counsel, Torts Law Group or those authorized to act for them with respect to any claim; provided that any award, compromise, or settlement in excess of $500,000 shall be effected only with the prior written approval of the Attorney General or his or her designee; provided further that whenever a settlement is effected in an amount in excess of $200,000 a memorandum fully explaining the basis for the action taken shall be sent to the Department of Justice.
  - (3) To the General Counsel, Deputy General Counsel, and Chief Counsel, Torts Law Group or those authorized to act for them with respect to any claim, provided that:
    - (i) Any award, compromise, or settlement in excess of $300,000 but not more than $500,000 shall be effected only with the prior written approval of the General Counsel, Deputy General Counsel, or Chief Counsel, Torts Law Group; provided further that whenever a settlement is effected in an amount in excess of $200,000, a memorandum fully explaining the basis for the action taken shall be sent to the Department of Justice; and
    - (ii) Any award where, for any reason, the compromise of a particular claim, as a practical matter, will, or may control the disposition of a related claim in which the amount to be paid may exceed $300,000 shall be effected only with the prior written approval of the General Counsel, Deputy General Counsel, or Chief Counsel, Torts Law Group; and
    - (iii) Any award, compromise, or settlement in excess of $500,000 shall be effected only with the prior written approval of the General Counsel, Deputy General Counsel, or Chief Counsel, Torts Law Group; and with the prior written approval of the Attorney General or his or her designee.
- (d) **Delegations of authority to reconsider final denial of a claim.** Subject to the limitations in 28 CFR [14.6(c)](/cfr/28/14.6.md?p=c), [(d)](/cfr/28/14.6.md?p=d), and [(e)](/cfr/28/14.6.md?p=e), authority under [28 CFR 14.9](/cfr/28/14.9.md) to reconsider final denials of claims under the Federal Tort Claims Act is delegated as follows:
  - (1) To the Torts Law Group, with respect to any claim for $5,000 or less that arises out of the operations of the Veterans Health Administration.
  - (2) To the General Counsel, Deputy General Counsel, and Chief Counsel, Torts Law Group with respect to any claim; provided that any award, compromise, or settlement in excess of $500,000 shall be effected only with the prior written approval of the Attorney General or his or her designee; provided further that whenever a settlement is effected in an amount in excess of $200,000, a memorandum fully explaining the basis for the action taken shall be sent to the Department of Justice.

# §14.601. Investigation and development.

- (a) **Development of untoward incidents.**
  - (1) A report of any collision involving a Government-owned vehicle which results in property damage or personal injury or death will be made by the operator of the Government vehicle immediately following the accident, on SF 91, Operator's Report of Motor Vehicle Accident, and shall be submitted to the Director of the facility involved. A copy of said report, accompanied by an executed copy of VA Form 2162, Report of Accident, will be promptly submitted by the Director to the appropriate Regional Counsel, who will authorize such additional investigation as the circumstances of the case may warrant. Forms required by other agencies will continue to be used in addition to VA Form 2162.
  - (2)
    - (i) Any incident resulting in damage to, or loss of, property, other than personal effects of a patient in a Department of Veterans Affairs facility, or in personal injury or death, due apparently or allegedly to the negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her office or employment, or damage to or loss of Government-owned property caused by other than a Department of Veterans Affairs employee acting within the scope of his or her office or employment, will be immediately reported. The Director of the facility where such occurrence took place will promptly transmit a copy of the report to the appropriate Regional Counsel who will authorize such additional investigation as the circumstances of the case may warrant.
    - (ii) Where the incident involves the loss of personal effects of a patient in a Department of Veterans Affairs facility, the Director will assist the patient in completing an SF 95, Claim for Damage, Injury, or Death, and will advise the patient that it will be forwarded immediately to the appropriate Regional Counsel for consideration. The Director will forward along with the claim a brief summary of the facts, as well as his or her recommendation, to the Regional Counsel. The Regional Counsel will expedite the processing of claims of this nature.
  - (3) An employee will be designated at each facility to investigate motor vehicle collisions and other incidents involving damage to, or loss of privately owned property or personal injury or death, apparently or allegedly resulting from the negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, other than investigation of alleged malpractice, or damage to or loss of Government-owned property caused by other than Department of Veterans Affairs employees. In Central Office, the designation will be made by the Director of Support Service, Office of the Assistant Secretary for Human Resources and Administration, and at all other facilities, by the Director.
  - (4) The Regional Counsel for the area in which a field facility is located will be responsible for processing claims involving motor vehicle collisions and other occurrences resulting in property damage, personal injury, or death, within such area. The Baltimore Regional Counsel will also have jurisdiction, except as otherwise provided in [paragraph (a)(3)](#a-3) of this section over incidents occurring in Department of Veterans Affairs Central Office.
- (b) **Development of medical malpractice claims.** In medical malpractice cases, the Regional Counsel may refer a claim to the Under Secretary for Health via the Director, Medical-Legal Affairs for review and for professional opinion or guidance. In the consideration of claims involving a medical question, the responsible Regional Counsel involved and the General Counsel will be guided by the views of the Under Secretary for Health as to the standard of medical care and treatment, the nature and extent of the injuries, the degree of temporary or permanent disability, the prognosis, the necessity for future treatment or physical rehabilitation, and any other pertinent medical aspects of a claim.

# §14.602. Requests for medical information.

- (a) Where there is indication that a tort claim will be filed, medical records or other information shall not be released without approval of the Regional Counsel.
- (b) Request for medical records, documents, reports, or other information shall be handled in accordance with the provisions of [§ 1.511(a)(2)](/cfr/38/1.511.md?p=a-2) of this chapter.

# §14.603. Disposition of claims.


Setoff for cost of unauthorized medical treatment. In any tort claim administratively settled or compromised where the claimant owes the Department of Veterans Affairs for unauthorized medical treatment, there will be included in the tort claim award the amount of the claimant's indebtedness to the Government. The amount of the indebtedness is for credit to the appropriation account from which the services were provided. The voucher prepared for settlement of the claim will specify the amount to be deposited to the credit of the designated account and that the balance of the award be paid to the claimant.


# §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](/cfr/28/14.4.md) 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](/cfr/28/14.2.md).
- (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)](#a) and [(b)](#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)](/usc/28/2675.md?p=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)](/usc/28/2675.md?p=a) shall not accrue until 6 months after the filing of the amendment.

# §14.605. Suits against Department of Veterans Affairs employees arising out of a wrongful act or omission or based upon medical care and treatment furnished in or for the Veterans Health Administration.

- (a)
  - (1) [Section 2679](/usc/28/2679.md) of title 28 U.S.C., provides that no suit will lie against a Federal employee, or the employee's estate, for damage to property, personal injury, or death resulting from his or her wrongful act or omission while acting within the scope of his or her office or employment with the Federal Government. An action against the United States under [28 U.S.C. 2671-2680](/usc/28/2671-2680.md) is the exclusive remedy under these circumstances.
  - (2) [Section 7316](/usc/38/7316.md) of title 38 U.S.C., provides that (i) where there is remedy against the United States under 28 U.S.C. [2671-2680](/usc/28/2671-2680.md), or [(ii)](/usc/28/2671-2680.md?p=ii) where proceedings for compensation or other benefits from the United States are provided by law, and the availability of such benefits precludes a remedy under [28 U.S.C. 2671-2680](/usc/28/2671-2680.md) (as is the case, for example, in the Federal Employees' Compensation Act, [5 U.S.C. 8101](/usc/5/8101.md), et seq.), such recourse is the exclusive remedy for property damage, personal injury, or death allegedly occurring as a result of malpractice or negligence committed by a physician, dentist, nurse, physician's assistant, dentist's assistant, pharmacist or paramedical (for example, medical and dental technicians, nursing assistants, and therapists), or other supporting personnel, while furnishing medical care and treatment in the exercise of duties in or for the Veterans Health Administration. Accordingly, a malpractice or negligence suit for property damage, personal injury, or death will not lie against such personnel under the circumstances set forth in this subparagraph.
- (b) The Department of Justice will defend any civil action or proceeding brought in any court against persons referred to in [paragraph (a)](#a) (1) or (2) of this section under the circumstances set forth therein. Accordingly, when a suit is filed against any employee of the Department of Veterans Affairs as a result of a wrongful act or omission arising out of employment with the Government, or as a result of furnishing medical or dental care and treatment in or for the Veterans Health Administration, the employee shall immediately forward a copy of all papers served on him or her to the Regional Counsel having jurisdiction over the area in which the employee works. The employee will also promptly forward to the appropriate Regional Counsel a signed statement indicating whether he or she desires the Department of Justice to provide representation, and to otherwise protect his or her interests as provided for by law. Even though there may not have been service, if an employee learns that a suit arising from either of the above-described circumstances has been filed against him or her, the employee shall immediately so advise the appropriate Regional Counsel, provide the Regional Counsel with a brief description of the facts involved, and state whether he or she desires Federal intervention.
- (c) Upon receipt of notice that suit has been filed against an employee of the Department of Veterans Affairs who is entitled to protection under 28 U.S.C. [2679](/usc/28/2679.md) or [38](/usc/28/38.md) U.S.C. 7316, the Regional Counsel having jurisdiction over the place where the employee works will conduct a preliminary investigation, which will include an affidavit by the employee's supervisor as to whether the defendant-employee was acting in the scope of his or her employment at the time of the incident, and a request from the defendant-employee for representation. The affidavit will contain a factual description of the employee's duties and responsibilities at the time of the incident and should describe the incident in question. Upon receipt of such information, the Regional Counsel will make a preliminary determination as to whether such suit comes within the provisions of either 28 U.S.C. [2679](/usc/28/2679.md) or [38](/usc/28/38.md) U.S.C. 7316. The Regional Counsel will refer the matter to the appropriate U.S. Attorney with a recommendation as to whether the employee is eligible for protection under 28 U.S.C. [2679](/usc/28/2679.md) or [38](/usc/28/38.md) U.S.C. 7316. The U.S. Attorney will decide whether the Department of Veterans Affairs employee is eligible for the protection. The Regional Counsel will submit to the General Counsel a preliminary report in duplicate containing the information furnished the U.S. Attorney. In all such cases, the Regional Counsel will conduct a complete investigation of the facts and law. Two copies of the investigation report will be sent to the General Counsel and one copy will be sent to the appropriate U.S. Attorney. The General Counsel, through the Regional Counsel, will keep the employee advised of the action being taken concerning the suit. In the event that the U.S. Attorney or the Department of Justice determines that the employee is not eligible for immunization pursuant to one of the aformentioned provisions, the General Counsel's office, through the Regional Counsel, will advise the employee and will call to his or her attention the discretionary conditional indemnification provisions of [section 7316(e)](/usc/38/7316.md?p=e) of title 38 U.S.C.
- (d) Where a civil action is commenced in a State court against a Department of Veterans Affairs employee, and the matter is within the purview of either 28 U.S.C. [2679](/usc/28/2679.md), or [38](/usc/28/38.md) U.S.C. 7316, the Department of Justice will be asked to remove such suit to the appropriate Federal District Court before trial, where it will be deemed an action against the United States. The defendant employee will be dismissed from the suit. After such removal, the United States has available all defenses to which it would have been entitled if the action had originally been commenced against the United States in the proper Federal District Court. Should a Federal District Court determine that the Department of Veterans Affairs employee whose acts or omissions gave rise to the suit was not acting within the scope of his or her office or employment, and therefore not eligible for immunization as provided for in the aforementioned section, the case will be remanded to the State court from which it was removed, the employee will be reinstated as the defendant, and the United States will be dismissed from the suit. Where the employee has been reinstated as the defendant under such circumstances, in order to protect any rights which he or she may have under [38 U.S.C. 7316(e)](/usc/38/7316.md?p=e), he or she shall immediately notify the General Counsel, through the local Regional Counsel. Through the Regional Counsel, the General Counsel will call the employee's attention to the discretionary conditional indemnification provisions of [section 7316(e)](/cfr/38/7316.md?p=e).
- (e) Under the authority of [38 U.S.C. 7316(e)](/usc/38/7316.md?p=e), the Secretary of Veterans Affairs may pay for monetary damages sustained by or assessed against an individual (or his or her estate) described in [paragraph (a)(2)](#a-2) of this section, as the result of any suit instituted against such individual which is not congnizable under the provisions of [28 U.S.C. 2671-2680](/usc/28/2671-2680.md) because the individual was assigned to a foreign country, the said individual was detailed to a State or political division thereof, or the cause of action was specifically excluded under the provisions of [28 U.S.C. 2680(h)](/usc/28/2680.md?p=h); Provided, That the amount of damages sustained is reasonable when compared with similar cases, litigated or settled, and the United States was given a reasonable opportunity to defend such individual and to participate in settlement negotiations.

# §14.615. General.

- (a) **Authority.** [Section 515(b)](/cfr/38/515.md?p=b), [title 38](/cfr/38.md) U.S.C., provides that the Secretary of Veterans Affairs may pay tort claims, in the manner authorized in the first paragraph of [section 2672](/usc/28/2672.md) of title 28 U.S.C., when such claims arise in foreign countries in connection with Department of Veterans Affairs operations abroad.
- (b) **Action by claimant.** Claims for property loss or damage may be filed by the owner of the property or his or her duly authorized agent or legal representative. If the property was insured and the insurer is subrogated, in whole or in part, and if both the owner and the insurer desire to file a claim for their respective losses they should join in one claim. Claims for personal injury may be filed by the injured person or his or her agent or legal representative. Claims for death may be filed by the personal representative of the decedent or any other legally qualified person. When filed by an agent or legal representative, the claim must show the title or capacity of the person representing the claimant and be accompanied by evidence of the appointment of such person as agent, legal representative, executor/executrix, administrator/administratrix, guardian, or other fiduciary.
- (c) **Time for filing.** A claim may not be allowed under [38 U.S.C. 515(b)](/usc/38/515.md?p=b) unless it is presented to the Secretary or his or her designee within 2 years after the claim accrues.

# §14.616. Form and place of filing claim.

- (a) **Form of claim.** Claims arising under [38 U.S.C. 515(b)](/usc/38/515.md?p=b) will be prepared in the form of a sworn statement and submitted in duplicate. The original copy of the claim will be sworn to or affirmed before an official with authority to administer oaths or affirmations and will contain the following information, at least:
  - (1) The name and address of claimant;
  - (2) The amount claimed for injury or death, and for property loss or damage;
  - (3) If property was lost or damaged, the amount paid or payable by the insurer together with the name of the insurer;
  - (4) A detailed statement of the facts and circumstances giving rise to the claim, including the time, place, and date of the accident or incident;
  - (5) If property was involved, a description of the property and the nature and extent of the damage and the cost of repair or replacement based upon at least two impartial estimates;
  - (6) If personal injury was involved, the nature of the injury, the cost of medical and/or hospital services, and time and income lost due to the injury;
  - (7) If death is involved, the names and ages of claimants and their relationship to decedent;
  - (8) The name and official position of the employee of the United States allegedly responsible for the accident or injury, or loss or damage of property;
  - (9) The names and addresses of any witnesses to accident or incident; and
  - (10) If desired, the law applicable to the claim.
- (b) **Place of filing claim.** Claims arising in the Philippines under [38 U.S.C. 515(b)](/usc/38/515.md?p=b) will be filed with the Director, Department of Veterans Affairs Regional Office, Manila, Republic of the Philippines. Claims arising in other foreign countries will be filed with the American Embassy or Consulate nearest the place where the incident giving rise to the claim took place.
- (c) **Evidence to be submitted by claimant—**
  - (1) **General.** The amount claimed on account of damage to or loss of property or on account of personal injury or death shall, so far as possible, be substantiated by competent evidence. Supporting statements, estimates and the like will, if possible, be obtained from disinterested parties. All evidence will be submitted in duplicate. Original evidence or certified copies shall be attached to the original copy of the claim, and simple copies shall be attached to the other copy of the claim. All documents in other than the English language will be accompanied by English translations.
  - (2) **Personal injury or death.** In support of claims for personal injury or death, the claimant will submit, as may be appropriate, itemized bills for medical, hospital, or burial expenses actually incurred; a statement from the claimant's or decedent's employer as to time and income lost from work; and a written report by the attending physician with respect to the nature and extent of the injury, the nature and extent of treatment, the degree of disability, the period of hospitalization or incapacitation, and the prognosis as to future treatment, hospitalization and the like.
  - (3) **Damage to personal property.** In support of claims for damage to personal property which has been repaired, the claimant will submit an itemized receipt, or, if not repaired, itemized estimates of the cost of repairs by two reliable parties who specialize in such work. If the property is not economically repairable, the claimant will submit corroborative statements of two reliable, qualified persons with respect to cost, age of the property and salvage value.
  - (4) **Damage to real property.** In support of claims for damage to land, trees, buildings, fences, or other improvements to real property, the claimant will submit an itemized receipt if repairs have been made, or, if repairs have not been made, itemized estimates of the cost of repairs by two reliable persons who specialize in such work. If the property is not economically repairable, the claimant will submit corroborative statements of two reliable, qualified persons with respect to the value of the improvements both before and after the accident or incident and the cost of replacements.
  - (5) **Damage to crops.** In support of claims for damage to crops, the claimant will submit an itemized signed statement showing the number of acres, or other unit measure of crop damaged, the probable yield per unit, the gross amount which would have been realized from such probable yield and an estimate of the costs of cultivating, harvesting and marketing the crop. If the crop is one which need not be planted each year, the diminution in value of the land beyond the damage to the current year's crop will also be stated.

# §14.617. Disposition of claims.

- (a) **Disposition of claims arising in Philippines.** All claims arising under [38 U.S.C. 515(b)](/usc/38/515.md?p=b) in the Philippines, including a complete investigation report and a brief résumé of applicable law, will be forwarded directly by the Director to the General Counsel, together with a recommendation as to disposition.
- (b) **Disposition of claims arising in foreign countries other than the Philippines.** When a claim is received in an American Embassy or Consulate, the Embassy or Consulate receiving such claim shall make such investigation as may be necessary or appropriate for a determination of the validity of the claim and thereafter shall forward the claim, together with all pertinent material, including a résumé of applicable law and a recommendation regarding allowance or disallowance of the claim, through regular channels of the Department of State to the General Counsel, Department of Veterans Affairs Central Office, Washington, DC.
- (c) **Payment of claims.** Upon determining that there is liability on the part of the United States under [38 U.S.C. 515(b)](/usc/38/515.md?p=b), the General Counsel, or such other personnel as may be designated by the Secretary, will take the necessary action to effect payment.