--- kind: "range" citation: "38 C.F.R. §§ 14.664–14.667" title: "38" from: "14.664" to: "14.667" count: 4 url: "https://uscodex.org/cfr/38/14.664..14.667" --- # §14.664. Scope of authority and effective date. Pub. L. 88-558 (78 Stat. 767), approved August 31, 1964, as amended, authorizes the Secretary or the Secretary's designee to settle and pay a claim for not more than $40,000 made by a civilian officer or employee of the Department of Veterans Affairs for damage to, or loss of personal property incident to such person's service. Authority is delegated by [§ 2.6(e)(5)](/cfr/38/2.6.md?p=e-5) of this chapter to the General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group III), and the Deputy Assistant General Counsel, of said staff group and the Regional Counsel and those acting for them to settle and pay such claims on behalf of the Secretary, and such settlement shall be final and conclusive. # §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)](/usc/38/703.md?p=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 [§ 14.605](/cfr/38/14.605.md) within 5 days after receipt. - (c) The employee designated pursuant to [§ 14.605](/cfr/38/14.605.md) 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 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. # §14.666. Regional Counsel responsibility. - (a) The Regional Counsel having jurisdiction will conduct such additional investigation as is deemed necessary to establish all facts required. If the claimant has a potential claim for indemnification against other than the United States, the Regional Counsel will ascertain that a suitable assignment, legally enforceable, 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 is of record. If such potential claim is against a carrier or insurer, the Regional Counsel will ascertain that claimant has filed a timely proper claim against the carrier or insurer and review same for legal sufficiency. - (b) The Regional Counsel having jurisdiction over a claim will not authorize payment thereon unless the requirement of [§§ 14.664 through 14.667](/cfr/38/14.664..14.667.md) are met. In determining the equitable value of a claim, the depreciation schedule issued by the General Counsel will be used as a guide. # §14.667. Claims payable. - (a) No claim shall be paid unless timely filed in proper form as provided in [§ 14.665](/cfr/38/14.665.md) 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 [§§ 14.664 through 14.667](/cfr/38/14.664..14.667.md), unless claim filed pursuant to [38 U.S.C. 703(a)(5)](/usc/38/703.md?p=a-5) ([§ 17.78](/cfr/38/17.78.md) of this chapter) has been finally denied for the reason that such claim did not meet the criteria established by that law.