Privacy Act of 1974; System of Records
| Published date | 08 November 2021 |
| Citation | 86 FR 61858 |
| Record Number | 2021-24372 |
| Section | Notices |
| Court | Veterans Affairs Department |
Federal Register, Volume 86 Issue 213 (Monday, November 8, 2021)
[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Notices]
[Pages 61858-61871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24372]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Veterans Benefits
Administration.
ACTION: Notice of a modified system of records.
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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) proposes to modify an
existing system of records, ``Compensation, Pension, Education, and
Vocational Rehabilitation and Employment Records--VA'' (58VA21/22/28).
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Comments may be submitted through www.Regulations.gov or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Compensation, Pension, Education, and Vocational
Rehabilitation and Employment Records--VA'' (58VA21/22/28). Comments
received will be available at regulations.gov for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT: Michael F. Palmer,
[email protected], Senior Program Analyst, Chief Production
Office, Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420 (336) 251-0392.
SUPPLEMENTARY INFORMATION: This system of records contains information
regarding applicants for and beneficiaries of benefits chiefly
administered by the Veterans Benefits Administration (VBA). This system
is a core system for VBA programs. This system of records does not
directly address health or memorial benefits administered respectively
by the Veterans Health Administration or the National Cemetery
Administration, the other two of the three Administrations within VA.
This system was first published on March 3, 1976, and last amended on
February 14, 2019, to reaffirm the establishment of the Veterans
Benefits Management System (VBMS) eFolder as the official record for
Veterans claims processing, management, adjudication, and appeals,
propose the plan to properly dispose of paper duplicate copies and
other physical media after imaging and upload into the eFolder, and to
begin using the eFolder as an integrated benefits repository for
records related to VA Insurance and Loan Guarantee benefits.
VA is proposing to update this SORN to include the addition of two
new applications that will be used by Vocational Rehabilitation and
Employment (VR&E) counselors and/or Veteran participants: The
Electronic Virtual Assistant (e-VA) and the Case Management Solution
(CMS). e-VA is an active, artificial intelligence-enabled application
that alleviates the burden of compliance, data entry, communications,
documentation, and repetitive tasks in order to empower VR&E resources
to focus their time on Veteran participants' needs, fulfilling the
organization's mission of guiding clients to successful outcomes. e-
VA's web-based capabilities allow for bi-directional automated and on-
demand text and email communication between VA's VR&E counselors and
Veterans who are seeking to use or are actively enrolled in VR&E
programs. It provides program participants with the ability to submit
documentation such as training certificates, training receipts, or
employment verification documents using their mobile devices. It will
also enable system-generated, interactive appointment scheduling,
rescheduling and cancellation, plus keep Veterans updated by providing
announcements and broadcast messages.
CMS is a Software as a Service application that will be used to
automate the application process for VR&E, assign and transfer claimant
files between VR&E counselors and stations, communicate with claimants,
manage and record awards and payments to claimants, provide metrics on
VR&E services, and ensure appropriate access controls are enabled for
the system. CMS's web-based capabilities allow for bi-directional,
automated, and on-demand integration between CMS and numerous VA
systems, improving the automation, consistency and efficiency of VR&E
counselors' work with claimants. It will also enable interaction with
the e-VA system to ensure the value of both technologies is available
to the VR&E counselors.
VA is also adding fiduciary records to this system as part of the
retirement of legacy Beneficiary Fiduciary Field System (BFFS) that was
covered under ``Supervised Fiduciary/Beneficiary and General
Investigative Records--VA'' (37VA27). With the sunset of the BFFS
system, Fiduciary records will be managed and stored in VBMS, which
will serve as the primary application for the delivery of Fiduciary
benefits to VA beneficiaries. In addition to the name, mailing address,
Social Security number, medical record information, and financial
information specific to VA Beneficiaries, VBMS will also store
information on individuals/organizations serving as fiduciaries. This
will include the name, mailing address, Social Security or tax
identification number, and credit and criminal histories of
individuals/organizations who are currently VA-appointed fiduciaries,
who previously served as VA-appointed fiduciaries, or who were
considered for service as VA-appointed fiduciaries. The purpose of
maintaining these records is to qualify the individual/organization for
service as a fiduciary and provide oversight of fiduciary activities.
As such, additional Categories of Individuals, Categories of Records,
Routine Uses, and other information specific to the VA Fiduciary
program are being added to this system.
VA is also proposing to add the Filipino Loyalty File as a type of
record stored in this system. The Filipino Loyalty File is a group of
records relating generally to the loyalty of Filipino nationals during
the Japanese occupation of the Philippine Islands during World War II
(WWII). Most of the records were created or collected by Army
investigative or intelligence units after the War and are used to help
determine eligibility for VA benefits for Filipino nationals who served
on behalf of the American cause during the War.
Additionally, VA is updating the name of the Virtual VA system to
[[Page 61859]]
Legacy Content Manager (LCM) due to its change in roles as a primary
system used to process claims to a legacy system that is used to store
documentation.
Finally, VA is adding new Routine Uses 84 to authorize VA to
disclose information from this system of records to telephone company
operators acting in a capacity to facilitate phone calls to or for
hearing-impaired Veterans and their agents, and Routine Uses 85 to 93
to ensure better management and oversight of VA's Fiduciary program.
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Neil C.
Evans, M.D., Chief Officer, Connected Care, Performing the Delegable
Duties of the Assistant Secretary for Information and Technology and
Chief Information Officer, approved this document on September 26, 2021
for publication.
Dated: November 3, 2021.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Compensation, Pension, Education, and Vocational Rehabilitation and
Employment Records--VA (58VA21/22/28).
SECURITY CLASSIFICATION:
This is an unclassified system.
SYSTEM LOCATION:
Records are maintained at VA regional offices, VA centers, the VA
Records Management Center (RMC), St. Louis, Missouri, the Data
Processing Center at Hines, Illinois, the Corporate Franchise Data
Center in Austin, Texas, the VA Insurance Center and the Information
Technology Center at Philadelphia, Pennsylvania, and Terremark
Worldwide, Inc., Federal Hosting Facilities in Culpepper, Virginia,
Miami, Florida, and in the VA Enterprise Cloud (VAEC) AWS GovCloud
regions in Oregon and Ohio. Active educational assistance records are
generally maintained at the regional processing office having
jurisdiction over the educational institution, training establishment,
or other entity where the claimant pursues or intends to pursue
training.
The automated individual employee productivity records are
temporarily maintained at the VA data processing facility serving the
office in which the employee is located. Records provided to the
Department of Housing and Urban Development (HUD) for inclusion on its
Credit Alert Interactive Voice Response System (CAIVRS) are located at
a data processing center under contract to HUD at Lanham, Maryland.
Address locations of VA facilities are listed at: VA Locations Link.
SYSTEM MANAGER(S):
Executive Director, Compensation Service (21C), 810 Vermont Avenue
NW, VA Central Office, Washington, DC 20420.
Executive Director, Pension and Fiduciary Service (21PF), 810
Vermont Avenue NW, VA Central Office, Washington, DC 20420.
Executive Director, Education Service (22), 810 Vermont Avenue NW,
VA Central Office, Washington, DC 20420.
Executive Director, Veteran Readiness and Employment Service (28),
810 Vermont Avenue NW, VA Central Office, Washington, DC 20420.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 10 U.S.C. chapters 106a, 510, 1606 and 1607 and title 38,
U.S.C. Sec. 501(a) and Chapters 3, 11, 13, 15, 18, 19, 21, 23, 30, 31,
32, 33, 34, 35, 36, 37, 39, 51, 53, 55 and 77. Title 5 U.S.C. 5514.
PURPOSE(S) OF THE SYSTEM:
VA gathers or creates these records in order to enable it to
administer statutory benefits programs to Veterans, Service Members,
Reservists, and their spouses, surviving spouses, and dependents, who
file claims for a wide variety of Federal Veteran's benefits
administered by VA. See the statutory provisions cited in ``Authority
for maintenance of the system.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals are covered by this system.
1. Veterans who have applied for compensation for service-connected
disability under title 38 U.S.C. chapter 11.
2. Veterans who have applied for nonservice-connected disability
under title 38 U.S.C. chapter 15.
3. Veterans entitled to burial benefits under title 38 U.S.C.
chapter 23.
4. Surviving spouses and children who have claimed pension based on
nonservice-connected death of a Veteran under title 38 U.S.C. chapter
15.
5. Surviving spouses and children who have claimed death
compensation based on service-connected death of a Veteran under title
38 U.S.C. chapter 11.
6. Surviving spouses and children who have claimed dependency and
indemnity compensation for service-connected death of a Veteran under
title 38 U.S.C. chapter 13.
7. Parents who have applied for death compensation based on
service-connected death of a Veteran under title 38 U.S.C. chapter 11.
8. Parents who have applied for dependency and indemnity
compensation for service-connected death of a Veteran under title 38
U.S.C. chapter 13.
9. Individuals who applied for educational assistance benefits
administered by VA under title 38 U.S.C.
10. Individuals who applied for educational assistance benefits
maintained by the Department of Defense (DoD) under title 10 U.S.C.
that are administered by VA.
11. Veterans who apply for training and employers who apply for
approval of their programs under the provisions of the Emergency
Veterans' Job Training Act of 1983, Public Law 98-77.
12. Any VA employee who generates or finalizes adjudicative actions
using the Benefits Delivery Network (BDN), the Veterans Service Network
(VETSNET), CMS, or Veterans Benefits Management System (VBMS) computer
processing systems.
13. Veterans who apply for training and employers who apply for
approval of their programs under the provisions of the Service Members
Occupational Conversion and Training Act of 1992, Public Law 102-484.
14. Representatives of individuals covered by the system.
15. Fee personnel who may be paid by the VA or by someone other
than the VA (e.g., appraisers, compliance inspectors, management
brokers, loan closing and fee attorneys who are not VA employees but
are paid for actual case work performed).
16. Program participants (e.g., property management brokers and
agents, real estate sales brokers and agents, participating lenders and
their employees, title companies whose fees are paid by someone other
than the VA, and manufactured home dealers, manufacturers, and
manufactured home park or subdivision owners).
17. Disabled veterans who have applied for and received specially
adapted housing assistance under title 38, U.S.C. chapter 21.
18. Veterans, their spouses or unmarried surviving spouses who have
applied for and received VA housing credit assistance under title 38,
U.S.C., chapter 37.
[[Page 61860]]
19. Person(s) applying to purchase VA owned properties (vendee
loans).
20. Transferee owners of properties encumbered by a VA-guaranteed,
insured, direct or vendee loan (e.g., individuals who have assumed a
VA-guaranteed loan and those who have purchased property directly from
the VA).
21. Individuals other than those previously identified who may have
applied for loan guarantee benefits.
22. Veterans (not including dependents) and members of the
uniformed services (including dependents) who have applied for and/or
have been issued government life insurance.
23. Beneficiaries of government life insurance entitled to or in
receipt of insurance proceeds.
24. Attorneys drawing fees for aiding in settlement of VA insurance
claims. The individuals noted above are covered by this system based on
applications, claims, and notices of eligibility for the following
government life insurance programs provided in title 38 U.S.C. chapters
19 and 21:
(1) U.S. Government Life Insurance (USGLI) under Section 1942.
(2) National Service Life Insurance (NSLI) under Section 1904.
(3) Veterans' Special Life Insurance (VSLI) under Section 1923.
(4) Veterans' Reopened Insurance (VRI) under Section 1925.
(5) Service-Disabled Veterans Insurance (S-DVI) under Section 1922
and 1922A.
(6) Veterans' Mortgage Life Insurance (VMLI) under Section 2106.
(7) Servicemembers' Group Life Insurance (SGLI), including Family
Servicemembers' Group Life Insurance (FSGLI), Veterans' Group Life
Insurance (VGLI), and Servicemembers' Group Life Insurance Traumatic
Injury Protection.
(8) (TSGLI) under Sections 1967 through 1980A.
25. VA Fiduciary beneficiaries (i.e., a veteran or a non-veteran
adult who receives VA monetary benefits, lacks the mental capacity to
manage his or her own financial affairs regarding disbursement of funds
without limitation, and is either rated incapable of managing his or
her financial affairs or adjudged to be under legal disability by a
court of competent jurisdiction; or a child who has not reached
majority under State law and receives VA monetary benefits).
26. Current, former, and prospective VA-appointed fiduciaries
(i.e., a VA Federal fiduciary appointed by VA to serve as fiduciary of
VA monetary benefits for a VA beneficiary determined unable to manage
his or her financial affairs; or a person or legal entity appointed by
a State or foreign court to supervise the person and/or payee of a VA
beneficiary adjudged to be under a legal disability). The statutory
title of a court-appointed fiduciary may vary from State to State.
27. A chief officer of a hospital, domiciliary, institutional or
nursing home care facility where a beneficiary, who VA has determined
is unable to manage his or her financial affairs, is receiving care and
who has contracted to use the veteran's VA funds in a specific manner.
28. Supervised Direct Payment (SDP) (i.e., an adult beneficiary in
the fiduciary program who manages his or her VA benefits with limited
and temporary supervision based upon a field examination and subsequent
to determination by the hub manager pertaining to benefits eligibility
and other issues; or, to develop evidence for further investigations of
potential criminal issues).
29. Physicians named in treatment records and financial managers or
attorneys who help disperse funds for VA beneficiaries deemed unable to
manage those funds.
CATEGORIES OF RECORDS IN THE SYSTEM:
The record, or information contained in the record, may include
identifying information (e.g., name, address, social security number);
military service and active duty separation information (e.g., name,
service number, date of birth, rank, sex, total amount of active
service, branch of service, character of service, pay grade, assigned
separation reason, service period, whether Veteran was discharged with
a disability, reenlisted, received a Purple Heart or other military
decoration); payment information (e.g., Veteran payee name, address,
dollar amount of readjustment service pay, amount of disability or
pension payments, number of nonpay days, any amount of indebtedness
(accounts receivable) arising from title 38 U.S.C. benefits and which
are owed to the VA); medical information (e.g., medical and dental
treatment in the Armed Forces including type of service-connected
disability, medical facilities, or medical or dental treatment by VA
health care personnel or received from private hospitals and health
care personnel relating to a claim for VA disability benefits or
medical or dental treatment); personal information (e.g., marital
status, name and address of dependents, internet protocol addresses,
occupation, amount of education of a Veteran or a dependent,
dependent's relationship to Veteran); education benefit information
(e.g., information arising from utilization of training benefits such
as a Veteran trainee's induction, reentrance or dismissal from a
program or progress and attendance in an education or training
program); applications for compensation, pension, education and
vocational rehabilitation benefits and training which may contain
identifying information, military service and active duty separation
information, payment information, medical and dental information,
personal and education benefit information relating to a Veteran or
beneficiary's incarceration in a penal institution (e.g., name of
incarcerated Veteran or beneficiary, claims file number, name and
address of penal institution, date of commitment, type of offense,
scheduled release date, Veteran's date of birth, beneficiary
relationship to Veteran and whether Veteran or beneficiary is in a work
release or half-way house program, on parole or has been released from
incarceration); case notes from the e-VA application created from email
and text message correspondence through the application; degree audits
and copies of grades for Veterans and dependents enrolled in school;
training records for Veterans and dependents participating in training
programs. The Filipino Loyalty file (the File) consists of
correspondence, memoranda, reports, affidavits, depositions, press
clippings, rosters, photographs, and other papers accumulated by post-
WWII U.S. Army investigative and intelligence units. The File relates
to anti-Japanese resistance activities in the Philippines, Filipino
collaboration with the Japanese, wartime guerrilla activities, and
instances of real or suspected Communist activities.
The VA employee's BDN, VETSNET or VBMS identification numbers, the
number and kind of actions generated and/or finalized by each such
employee, the compilation of cases returned for each employee.
Records (or information contained in records) may also include:
Applications for certificates of eligibility (these applications
generally contain information from a veteran's military service records
except for character of discharge); applications for Federal Housing
Administration (FHA) Veterans' low-down payment loans (these
applications generally contain information from a Veteran's military
service records including whether or not a veteran is in the service);
applications for a guaranteed or direct loan, applications for release
of liability, applications for substitutions of VA entitlement and
applications for specially adapted housing (these applications
generally contain
[[Page 61861]]
information relating to employment, income, credit, personal data;
e.g., social security number, marital status, number and identity of
dependents; assets and liabilities at financial institutions,
profitability data concerning business of self-employed individuals,
information relating to an individual Veteran's loan account and
payment history on a VA-guaranteed, direct, or vendee loan on an
acquired property, medical information when specially adapted housing
is sought, and information regarding whether a Veteran owes a debt to
the United States) and may be accompanied by other supporting documents
which contain the above information; applications for the purchase of a
VA acquired property (e.g., vendee loans--these applications generally
contain personal and business information on a prospective purchaser
such as social security number, credit, income, employment history,
payment history, business references, personal information and other
financial obligations and may be accompanied by other supporting
documents which contain the above information); loan instruments
including deeds, notes, installment sales contracts, and mortgages;
property management information; e.g., condition and value of property,
inspection reports, certificates of reasonable value, correspondence
and other information regarding the condition of the property
(occupied, vandalized), and a legal description of the property;
information regarding VA loan servicing activities regarding default,
repossession and foreclosure procedures, assumability of loans, payment
of taxes and insurance, filing of judgments (liens) with State or local
authorities and other related matters in connection with active and/or
foreclosed loans; information regarding the status of a loan (e.g.,
approved, pending or rejected by the VA); Applications by individuals
to become VA-approved fee basis appraisers, compliance inspector, fee
attorneys, or management brokers. These applications include
information concerning applicant's name, address, business phone
numbers, social security numbers or taxpayer identification number, and
professional qualifications; applications by non-supervised lenders for
approval to close guaranteed loans without the prior approval of VA
(automatically); applications by lenders supervised by Federal or State
agencies for designation as supervised automatic lenders in order that
they may close loans without the prior approval (automatically) of the
VA; applications for automatic approval or designation contain
information concerning the corporate structure of the lender,
professional qualifications of the lender's officers or employees,
financial data such as profit and loss statements and balance sheets to
insure the firm's financial integrity; identifying information such as
names, business names (if applicable), addresses, phone numbers and
professional resumes of corporate officials or employees; corporate
structure information on prior approval lenders, participating real
estate sales brokers or agents, developers, builders, investors,
closing attorneys or other program participants as necessary to carry
out the functions of the Loan Guaranty Program; records of performance
concerning appraisers, compliance inspectors, management brokers, or
fee attorneys on both firms and individual employees; records of
performance including disciplinary proceedings, concerning program
participants; e.g., lenders, investors, real estate brokers, builders,
fee appraisers, compliance inspectors and developers both as to the
firm and to individual employees maintained on an as-needed basis to
carry out the functions of the Loan Guaranty program; National Control
Lists which identify suspended real estate brokers and agents, lenders
and their employees, investors, manufactured home dealers and
manufacturers, and builders or developers; and a master record of the
National Control List (e.g., Master Control List) which includes
information regarding parties previously suspended but currently
reinstated to participation in the Loan Guaranty program in addition to
all parties currently suspended.
Life insurance records (or information contained in records) may
consist of:
1. Applications for insurance, including the name and address of
the Veteran or member of the uniformed services, email address, phone
number, correspondence to and from the veteran or member of the
uniformed services or their legal representatives, date of birth,
social security number, military service number, dates of service,
military ranking, character of discharge, VA file number, plan or type
of insurance, disability rating, medical information regarding
disability and health history, method of payment, amount of insurance
coverage requested, and bank routing and account numbers. Applications
for Veterans' Mortgage Life Insurance (VMLI), including supporting
mortgage documents, contain the address of the mortgaged property, name
and address of the mortgagor, the mortgage account number, the rate of
interest, the original amount of the mortgage, and the current amount
of the mortgage, the monthly payment amount, the mortgage payment
period, and VA Specially Adapted Grant Cards (which contain the
Veteran's or uniformed services member's name, address, dates of
military service, branch of service, method of separation, whether the
Veteran or member of the uniformed services has VMLI, the name and
address of the lender, the legal description and property address,
improvements to such property, date applied for disability
compensation, date of initial application submission, grant
information, amount of the grant approved or whether the grant was
denied or canceled).
2. Beneficiary and option designation information, including the
names and addresses of principal and contingent beneficiaries,
beneficiary social security number, share amount to each beneficiary,
the method of payment, and the designated estate(s) and trust(s).
3. Insurance contract information, including: (a) Authorization of
allotment payment; (b) authorization for deduction from VA benefit
payments; (c) authorization for deduction from military retired pay;
(d) authorization for deduction from employee payroll; (e) paid
dividend information; (f) claims for disability or death payments; (g)
cash value, policy loan, and lien information; (h) a listing of lapsed
actions and unpaid insurance proceeds; (i) payment vouchers; (j)
reinstatement information; (k) premium records status, and retired
status of the policy; (l) court-martial orders; (m) copies of personal
papers of the insured, including birth certificate, marriage license,
divorce decree, citizen or naturalization papers, death certificate,
adoption decree, and family support documents; (n) correspondence to
and from the Veteran, member of the uniformed services, legal
representative and payee; (o) employment information; (p) returned
check and check tracer information; (q) court documents; and (r)
insurance death claims settlement information, including indebtedness,
interest, and other credits.
4. Records of checks withheld from delivery to certain foreign
countries.
5. Index of payees, including CO index cards and premium record
cards.
6. Disability Outreach Tracking System (DOTS) records stored in the
Veterans Insurance Claims Tracking and Response System (VICTARS)
including the Veteran's or uniformed services member's name, address,
phone number, and disability status.
7. Policy information and access history from the VA Insurance
website self-service-portal stored in VICTARS, which includes the name
of the insured,
[[Page 61862]]
file number, policy number, address, phone number, email address, loan
status, including loan amount requested, denied, or pending, the date
of request for information, loan history, policy changes, dividend
option changes, and VA Insurance website pages accessed.
8. Information from the VA Insurance website, which provides access
to Veterans for completion of an application for Service-Disabled
Veterans Insurance (S-DVI), which includes the Veteran's name, address,
social security number, date of birth, phone number, medical history,
email address, and beneficiary information, such as the beneficiary's
name, address, and social security number.
Fiduciary Records (or information contained in records) may consist
of:
1. Field examination reports (i.e., VA Form 27-4716a or 27-3190,
Field Examination Request and Report, which contains a VA beneficiary's
name, address, Social Security number, VA file number, an assessment of
the beneficiary's ability to handle VA and non-VA funds, description of
family relationships, economic and social adjustment information,
information on the beneficiary's activities, and the name, address, and
assessment of the performance of a VA-appointed fiduciary).
2. Correspondence from and to a VA beneficiary, a VA-appointed
fiduciary, and other interested third parties.
3. Medical records (i.e., medical and social work reports generated
in VA, State, local, or private medical treatment facilities or private
physicians' offices indicating the medical history of a VA beneficiary,
including diagnosis, treatment and nature of any physical or mental
disability).
4. Financial records (e.g., accountings regarding a fiduciary's
management of a beneficiary's income, investments, and accumulated
funds, amount of monthly benefits received, amounts charged for fees by
the fiduciary, certificates of balance on accounts from financial
institutions, and withdrawal agreements between VA, financial
institutions, and the fiduciary).
5. Court documents (e.g., petitions, court orders).
6. Agreements to serve as a VA Federal fiduciary.
7. Information pertaining to individuals, including companies and
other entities, who previously served as a VA-appointed fiduciary.
8. Information related to the qualification and appointment of
individuals, including companies and other entities, considered by VA
for appointment as a fiduciary.
9. Photographs of people (beneficiaries who VA has determined are
unable to manage their financial affairs, fiduciaries, and other
persons who are the subject of a VA investigation), places, and things.
10. Fingerprint records.
11. SSA records containing information about the type and amount of
SSA benefits paid to beneficiaries who are eligible to receive benefits
under both VA and SSA eligibility criteria, records containing
information developed by SSA about SSA beneficiaries who are in need of
representative payees, accountings provided to SSA, and records
containing information about SSA representative payees. Also contained
in this system are copies of non-fiduciary program investigation
records. These records are reports of field examinations or
investigations performed at the request of any organizational element
of VA about any subject under the jurisdiction of VA other than a
fiduciary issue. In addition to copies of the reports, records may
include copies of exhibits or attachments such as photographs of
people, places, and things; sworn statements; legal documents involving
loan guaranty transactions, bankruptcy, and debts owed to VA; accident
reports; birth, death, and divorce records; certification of search for
vital statistics documents; beneficiary's financial statements and tax
records; immigration information; and newspaper clippings.
RECORD SOURCE CATEGORIES:
Veterans, Servicemembers, Reservists, spouses, surviving spouses,
dependents and other beneficiaries of the Veteran, accredited service
organizations and other VA-approved representatives of the Veteran, VA-
supervised fiduciaries (e.g., VA Federal fiduciaries, court-appointed
fiduciaries), military service departments, VA medical facilities and
physicians, private medical facilities and physicians, education and
rehabilitation training establishments, State and local agencies, other
Federal agencies including the Department of Defense (DoD), Social
Security Administration (SSA); U.S. Treasury Department, State, local,
and county courts and clerks, Federal, State, and local penal
institutions and correctional facilities, other third parties and other
VA records, Office of Servicemembers' Group Life Insurance (OSGLI);
commercial insurance companies; undertakers; lending institutions
holding a veteran's or uniformed services member's mortgage; VA Loan
Guaranty records; contractors remodeling or enlarging or adding
construction to existing homes; relatives and other interested persons;
Westlaw and InfoUSA; Inquiry Routing & Information System (IRIS)
(maintained under System of Records ``151VA005OP6'' by the Office of
Information &Technology), brokers and builder/sellers, credit and
financial reporting agencies, an applicant's credit sources, depository
institutions and employers, independent auditors and accountants,
hazard insurance companies, taxing authorities, title companies, fee
personnel, business and professional organizations, the general public,
and other parties of interest involving VA-guaranteed, insured, vendee
or direct loans or specially adapted housing; VA Fiduciary
beneficiaries, VA beneficiaries' dependents, VA-appointed fiduciaries,
individuals who were previously VA-appointed fiduciaries, individuals
who VA considered for service as a VA-appointed fiduciary but did not
select, field examiners, legal instrument examiners, fiduciary program
personnel, third parties, other Federal, State, and local agencies, and
VA records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Note: To the extent that records contained in this system include
individually-identifiable patient information protected by 38 U.S.C.
7332, that information cannot be disclosed under a routine use unless
there is also specific disclosure authority in 38 U.S.C. 7332.
1. Congress: VA may disclose information to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff requests
the information on behalf of, and at the request of, the individual who
is the subject of the record.
2. Data breach response and remediation, for VA: VA may disclose
information to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that there has been a breach of the system of
records,[middot] (2) VA has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
VA (including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with VA's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
3. Data breach response and remediation, for another Federal
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agency: VA may disclose information to another Federal agency or
Federal entity, when VA determines that the information is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
4. Law Enforcement: VA may disclose information that, either alone
or in conjunction with other information, indicates a violation or
potential violation of law, whether civil, criminal, or regulatory in
nature, to a Federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing such law. The disclosure of the
names and addresses of Veterans and their dependents from VA records
under this routine use must also comply with the provisions of 38
U.S.C. 5701.
5. DOJ for Litigation or Administrative Proceeding: VA may disclose
information to the Department of Justice (DoJ), or in a proceeding
before a court, adjudicative body, or other administrative body before
which VA is authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her official capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components, is a party to
such proceedings or has an interest in such proceedings, and VA
determines that use of such records is relevant and necessary to the
proceedings.
6. Contractors: VA may disclose information to contractors,
grantees, experts, consultants, students, and others performing or
working on a contract, service, grant, cooperative agreement, or other
assignment for VA, when reasonably necessary to accomplish an agency
function related to the records.
7. Office of Personnel Management (OPM): VA may disclose
information to the Office of Personnel Management (OPM) in connection
with the application or effect of civil service laws, rules,
regulations, or OPM guidelines in particular situations.
8. Equal Employment Opportunity Commission (EEOC): VA may disclose
information to the Equal Employment Opportunity Commission (EEOC) in
connection with investigations of alleged or possible discriminatory
practices, examination of Federal affirmative employment programs, or
other functions of the Commission as authorized by law.
9. Federal Labor Relations Authority (FLRA): VA may disclose
information to the Federal Labor Relations Authority (FLRA) in
connection with: The investigation and resolution of allegations of
unfair labor practices, the resolution of exceptions to arbitration
awards when a question of material fact is raised; matters before the
Federal Service Impasses Panel; and the investigation of representation
petitions and the conduct or supervision of representation elections.
10. Merit Systems Protection Board (MSPB): VA may disclose
information to the Merit Systems Protection Board (MSPB) and the Office
of the Special Counsel in connection with appeals, special studies of
the civil service and other merit systems, review of rules and
regulations, investigation of alleged or possible prohibited personnel
practices, and such other functions promulgated in 5 U.S.C. 1205 and
1206, or as authorized by law.
11. National Archives and Records Administration (NARA): VA may
disclose information to NARA in records management inspections
conducted under 44 U.S.C. 2904 and 2906, or other functions authorized
by laws and policies governing NARA operations and VA records
management responsibilities.
12. Governmental Agencies, for VA Hiring, Security Clearance,
Contract, License, Grant: VA may disclose information to a Federal,
state, local, or other governmental agency maintaining civil or
criminal violation records, or other pertinent information, such as
employment history, background investigations, or personal or
educational background, to obtain information relevant to VA's hiring,
transfer, or retention of an employee, issuance of a security
clearance, letting of a contract, or issuance of a license, grant, or
other benefit. The disclosure of the names and addresses of veterans
and their dependents from VA records under this routine use must also
comply with the provisions of 38 U.S.C. 5701.
13. State or Local Agencies, for Employment: VA may disclose
information to a state, local, or other governmental agency, upon its
official request, as relevant and necessary to that agency's decision
on the hiring, transfer, or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit by that agency. The disclosure of the
names and addresses of veterans and their dependents from VA records
under this routine use must also comply with the provisions of 38
U.S.C. 5701.
14. VA may disclose on its own initiative any information in this
system, except the names and home addresses of individuals, that are
relevant to a suspected violation or reasonably imminent violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general or program statue or by regulation, rule or order
issued pursuant thereto, to a Federal, State, local, tribal, or foreign
agency charged with the responsibility of investigating or prosecuting
such violation, or charged with enforcing or implementing the statute,
rule, regulation or order.
15. VA may disclose on its own initiative the names and addresses
of individuals, that are relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program statute
or by regulation, rule or order issued pursuant thereto, to a Federal
agency charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing the statue,
regulation, rule or order.
16. The name and address of an individual, which is relevant to a
suspected violation or reasonably imminent violation of law concerning
public health or safety, whether civil, criminal or regulatory in
nature an whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed to
any foreign, State or local governmental agency or instrumentality
charged under applicable law with the protection of the public health
or safety if a qualified representative of such organization, agency or
instrumentality has made a written request that such name and address
be provided for a purpose authorized by law.
17. The name, address, entitlement code (e.g., compensation or
pension), period(s) of service, sex, and date(s) of discharge may be
disclosed to any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of benefits
under title 38 U.S.C. Disclosures may be in the form of a computerized
list.
18. Any information in this system, except for the name and address
of an individual, may be disclosed to a
[[Page 61864]]
Federal agency in order for VA to obtain information relevant to the
issuance of a benefit under title 38 U.S.C. The name and address of an
individual may be disclosed to a Federal agency under this routine use
if they are required by the Federal agency to respond to the VA
inquiry.)
19. Any information in this system may be disclosed in connection
with any proceeding for the collection of an amount owed to the United
States by virtue of a person's participation in any benefit program
administered by VA when in the judgment of the Secretary, or official
generally delegated such authority under standard agency delegation of
authority rules (38 CFR 2.6), such disclosure is deemed necessary and
proper, in accordance with title 38 U.S.C. 5701(b)(6).
20. Consumer Reporting Agencies: VA may disclose information as is
reasonably necessary to identify such individual or concerning that
individual's indebtedness to the United States by virtue of the
person's participation in a benefits program administered by the
Department, to a consumer reporting agency for the purpose of locating
the individual, obtaining a consumer report to determine the ability of
the individual to repay an indebtedness to the United States, or
assisting in the collection of such indebtedness, provided that the
provisions of 38 U.S.C. 57019(g)(2) and (4) have been met.
21. The name and address of an individual, and other information as
is reasonably necessary to identify such individual, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning the individual's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by VA, may be
disclosed to a consumer reporting agency for purposes of assisting in
the collection of such indebtedness, provided that the provisions of
title 31 U.S.C. 3701-3702 and 3711-3718; and 38 U.S.C. 5701(g)(4) have
been met.
22. Any information in this system, including available identifying
information regarding the debtor, such as name of debtor, last known
address of debtor, VA insurance number, VA loan number, VA claim
number, place of birth, date of birth of debtor, name and address of
debtor's employer or firm and dates of employment may be disclosed,
under this routine use, except to consumer reporting agencies, to a
third party in order to obtain current name, address, locator, and
credit report in connection with any proceeding for the collection of
an amount owed to the United States by virtue of a person's
participation in any VA benefit program when in the judgment of the
Secretary such disclosure is deemed necessary and proper. This purpose
is consistent with the Federal Claims Collection Act of 1966 (Pub. L.
89-508, title 31 U.S.C. 951-953 and 4 CFR parts 101-105 and title 38
U.S.C. 5701(b)(6)).
23. Any information in this system, including the nature and amount
of a financial obligation, may be disclosed to a debtor's employing
agency or commanding officer so that the debtor- employee may be
counseled by his or her Federal employer or commanding officer and to
assist in the collection of unpaid financial obligations owed VA.
24. Payment information may be disclosed to the Department of the
Treasury, in accordance with its official request, to permit delivery
of benefit payments to Veterans or other beneficiaries.
25. Medical information may be disclosed in response to a request
from the superintendent of a State hospital for psychotic patients, a
commissioner or head of a State department of mental hygiene, or a head
of a State, county or city health department or any fee basis physician
or sharing institution in direct connection with authorized treatment
for a Veteran, provided the name of the individual to whom the record
pertains is given and the information will be treated as confidential,
as is customary in civilian professional medical practice.
26. The name, address, VA file number, effective date of
compensation or pension, current and historical benefit pay amounts for
compensation or pension, service information, date of birth, competency
payment status, incarceration status, and social security number of
Veterans and their surviving spouses may be disclosed to the following
agencies upon their official request: Department of Defense (DoD);
Defense Manpower Data Center; Marine Corps; Department of Homeland
Security; Coast Guard; Public Health Service; National Oceanic and
Atmospheric Administration and Commissioned Officer Corps in order for
these departments and agencies and VA to reconcile the amount and/or
waiver of service, department and retired pay. These records may also
be disclosed as a part of an ongoing computer-matching program to
accomplish these purposes. This purpose is consistent with title 10
U.S.C. 12316, title 38 U.S.C. 5304 and title 38 U.S.C. 5701.
27. The amount of pension, compensation, dependency and indemnity
compensation, educational assistance allowance, retirement pay and
subsistence allowance of any individual identified to VA may be
disclosed to any person who applies for such information as authorized
by 38 U.S.C. 5701(c)(1).
28. Identifying, personal, payment and medical information may be
disclosed to a Federal, State, or local government agency at the
request of a Veteran in order to assist the Veteran and ensure that all
of the title 38 U.S.C. or other benefits to which the Veteran is
entitled are received. This information may also be disclosed upon the
request from a Federal agency, or to a State or local agency, provided
the name and address of the Veteran is given beforehand by the
requesting agency, in order to assist the Veteran in obtaining a non-
title 38 U.S.C. benefit to which the Veteran is entitled. These records
may also be disclosed as part of an ongoing computer-matching program
to accomplish this purpose.
29. Any information in this system, which directly affects payment
or potential payment of benefits to contesting claimants, including
parties claiming an apportioned share of benefits, may be coequally
disclosed to each affected claimant upon request from that claimant in
conjunction with the claim for benefits sought or received.
30. Any information in this system, such as identifying
information, nature of a claim, amount of benefit payments, percentage
of disability, income and medical expense information maintained by VA
which is used to determine the amount payable to recipients of VA
income-dependent benefits and personal information, may be disclosed to
the Social Security Administration (SSA), upon its official request, in
order for that agency to determine eligibility regarding amounts of
social security benefits, or to verify other information with respect
thereto. These records may also be disclosed as part of an ongoing
computer-matching program to accomplish this purpose.
31. VA may disclose an individual's identifying information to an
educational institution, training establishment, or other entity which
administers programs approved for VA educational assistance in order to
assist the individual in completing claims forms, to obtain information
necessary to adjudicate the individual's claim, or to monitor the
progress of the individual who is pursuing or intends to pursue
training at the request of the appropriate institution, training
establishment, or
[[Page 61865]]
other entity administrating approved VA educational programs or at the
request of the Veteran.
32. Researchers, for Research: VA may disclose information from
this system to epidemiological and other research facilities approved
by the Under Secretary for Health for research purposes determined to
be necessary and proper, provided that the names and addresses of
veterans and their dependents will not be disclosed unless those names
and addresses are first provided to VA by the facilities making the
request.
33. VA may disclose information to a Federal agency for the purpose
of conducting research and data analysis to perform a statutory purpose
of that Federal agency upon the prior written request of that agency.
34. Claims Representatives: VA may disclose information from this
system of records relevant to a claim of a veteran or beneficiary, such
as the name, address, the basis and nature of a claim, amount of
benefit payment information, medical information, and military service
and active duty separation information, at the request of the claimant
to accredited service organizations, VA-approved claim agents, and
attorneys acting under a declaration of representation, so that these
individuals can aid claimants in the preparation, presentation, and
prosecution of claims under the laws administered by VA.
35. Identifying and payment information may be disclosed, upon the
request of a Federal agency, to a State or local government agency, to
determine a beneficiary's eligibility under programs provided for under
Federal legislation and for which the requesting Federal agency has
responsibility. These records may also be disclosed as a part of an
ongoing computer-matching program to accomplish these purposes. This
purpose is consistent with title 38 U.S.C. 5701.
36. Guardians, for Incompetent Veterans: VA may disclose relevant
information from this system of records in the course of presenting
evidence to a court, magistrate, or administrative tribunal; in matters
of guardianship, inquests, and commitments; to private attorneys
representing veterans rated incompetent in conjunction with issuance of
Certificates of Incompetency; and to probation and parole officers in
connection with court-required duties.
37. Guardians Ad Litem, for Representation: VA may disclose
information to a fiduciary or guardian ad litem in relation to his or
her representation of a claimant in any legal proceeding as relevant
and necessary to fulfill the duties of the fiduciary or guardian ad
litem.
38. VA may disclose information to another federal agency, court,
or party in litigation before a court or in an administrative
proceeding conducted by a Federal agency, when the government is a
party to the judicial or administrative proceeding.
39. Any information in this system including the name, social
security number, date of birth, delimiting date and remaining
entitlement of VA educational benefits, may be disclosed to the
Department of Education (ED) upon its official request, or contractor
thereof, for specific use by the ED to validate information regarding
entitlement to VA benefits which is submitted by applicants who request
educational assistance grants from the ED. The ED or contractor thereof
will not use such information for any other purpose. These records may
also be disclosed as part of an ongoing computer-matching program to
accomplish this purpose.
40. VA may, at the request of the individual, disclose identifying
information of an individual who is pursuing or intends to pursue
training at an educational institution, training establishment, or
other entity which administers programs approved for VA educational
assistance in order for the VA to obtain sufficient information
necessary to pay that individual or the educational or training
establishment the correct monetary amounts in an expeditious manner.
However, information will not be provided under this routine use to an
educational institution, training establishment, or other entity when
the request is clearly an attempt by that establishment to seek
assistance in collection attempts against the individual.
41. Identifying information and information regarding the
induction, reentrance and dismissal of a disabled Veteran from a
vocational rehabilitation program may be disclosed at the request of
the Veteran to a VA-approved vocational rehabilitation training
establishment to ensure that the trainee receives the maximum benefit
from training.
42. Identifying information and information regarding the extent
and nature of a Veteran's disabilities with respect to any limitations
to be imposed on the Veteran's vocational programs may be disclosed at
the request of the Veteran to a VA-approved vocational rehabilitation
training establishment to ensure that the trainee receives the maximum
benefit from training.
43. Information regarding the type and amount of training/education
received, and the name and address of a Veteran, may be disclosed at
the request of a Veteran to local and State agencies and to prospective
employers in order to assist the Veteran in obtaining employment or
further training.
44. The name, claims file number and any other information relating
to a Veteran's or beneficiary's incarceration in a penal institution
and information regarding a dependent's right to a special
apportionment of the incarcerated individual's VA benefit payment may
be disclosed to those dependents who may be eligible for entitlement to
such apportionment in accordance with title 38 U.S.C. 5313 and Sec.
5307.
45. The name, claims file number and any other information relating
to an individual who may be incarcerated in a penal institution may,
pursuant to an arrangement, be disclosed to penal institutions or to
correctional authorities in order to verify information concerning the
individual's incarceration status. The disclosure of this information
is necessary to determine that individual's continuing eligibility as
authorized under title 38 U.S.C. 5313, Sec. 5307. These records may
also be disclosed as part of an ongoing computer-matching program to
accomplish this purpose.
46. VA may disclose information from this system to other federal
agencies for the purpose of conducting computer matches to obtain
information to determine or verify eligibility of veterans receiving VA
benefits or medical care under Title 38, U.S.C.
47. Identifying, disability, and award (type, amount and reasons
for award) information may be released to the Department of Labor (DOL)
in order for the DOL to conduct a computer matching program against the
Office of Workers' Compensation Programs Federal Employees Compensation
File, DOL/ESA-13, published in 46 FR 12357 on February 13, 1981. This
match will permit the DOL to verify a person's eligibility for DOL
payments as well as to detect situations where recipients may be
erroneously receiving concurrent multiple payments from the DOL and VA,
to identify areas where legislative and regulatory amendments directed
toward preventing overpayments are needed, and to collect debts owed to
the United States Government. This matching program is performed
pursuant to the DOL Inspector General's authority under Public Law 95-
452, section 4(a) to detect and prevent fraud and abuse.
[[Page 61866]]
This disclosure is consistent with title 38 U.S.C. 5701(b)(3).
48. Treasury, to Report Waived Debt as Income: VA may disclose
information concerning an individual's indebtedness that is waived
under 38 U.S.C. 3102, compromised under 4 CFR part 103, otherwise
forgiven, or for which the applicable statute of limitations for
enforcing collection has expired, to the Department of the Treasury as
a report of income under 26 U.S.C. 61(a)(12).
49. Identifying information, including social security number,
except for the name and address, may be disclosed to a Federal, State,
County or Municipal agency for the purpose of conducting computer
matches to obtain information to validate the entitlement of an
individual, who is receiving or has received Veterans' benefits under
title 10 or title 38 U.S.C. The name and address of individuals may
also be disclosed to a Federal agency under this routine use if
required by the Federal agency in order to provide information.
50. Identifying information, including the initials and abbreviated
surname, the social security number, the date of birth and coding
indicating the category of the individual's records, the degree of
disability, the benefit program under which benefits are being paid and
the computed amount of VA benefits for a calendar year may be released
to the Department of the Treasury, and IRS, in order for IRS to conduct
a computer matching program against IRS Forms 1040, Schedule R, Credit
for the Elderly and the Permanently and Totally Disabled. This match
will permit IRS to determine the eligibility for and the proper amount
of Elderly and Disabled Credits claimed on IRS Form 1040, Schedule R.
This matching program is performed pursuant to the provisions of
Internal Revenue Code Section 7602. This disclosure is consistent with
title 38 U.S.C. 5701(b)(3).
51. Identifying information, such as name, social security number,
VA claim number, date and place of birth, etc., in this system may be
disclosed to an employer or school having information relevant to a
claim in order to obtain information from the employer or school to the
extent necessary to determine that eligibility for VA compensation or
pension benefits continues to exist or to verify that there has been an
overpayment of VA compensation or pension benefits. Any information in
this system also may be disclosed to any of the above-entitled
individuals or entities as part of ongoing computer matching programs
to accomplish these purposes.
52. Treasury, for Withholding: VA may disclose information
concerning an individual's indebtedness by virtue of a person's
participation in a benefits program administered by VA, to the
Department of the Treasury for the collection of Title 38 benefit
overpayments, overdue indebtedness, or costs of services provided to an
individual not entitled to such services, by the withholding of all or
a portion of the person's Federal income tax refund.
53. Veterans' addresses which are contained in this system of
records may be disclosed to the Defense Manpower Data Center, upon its
official request, for military recruiting command needs, DoD civilian
personnel offices' mobilization studies and mobilization information,
debt collection, and Individual Ready Reserve Units' locator services.
54. The name, address, VA file number, date of birth, date of
death, social security number, and service information may be disclosed
to the Defense Manpower Data Center. DoD will use this information to
identify retired Veterans and dependent members of their families who
have entitlement to DoD benefits but who are not identified in the
Defense Enrollment Eligibility Reporting System program and to assist
in determining eligibility for Civilian Health and Medical Program of
the Uniformed Services benefits. This purpose is consistent with title
38 U.S.C. 5701. These records may also be disclosed as part of an
ongoing computer-matching program to accomplish this purpose.
55. The name, address, VA file number, social security number, sex
of Veteran, date(s) of birth of the Veteran and dependents, current
benefit pay amounts for compensation or pension, pay status, check
amount, aid and attendance status, Veteran and spouse annual income
amounts and type and combined degree of disability will be disclosed to
the Department of Health and Human Services. The SSA will use the data
in the administration of the Supplemental Security Income payment
system as prescribed by Public Law 92-603. These records may also be
disclosed as part of an ongoing computer-matching program to accomplish
these purposes. This purpose is consistent with title 38 U.S.C. 5701.
56. The names and current addresses of VA beneficiaries who are
identified by finance centers of individual uniformed services of DoD
and the Department of Homeland Security (Coast Guard) as responsible
for the payment of Survivor Benefit Plan (SBP) premium payments to be
released from this system of records to them upon their official
written request for such information for their use in attempting to
recover amounts owed for SBP premium payments.
57. This routine use authorizes VA to compile lists of the social
security numbers and loan account numbers of all persons with VA-
guaranteed and portfolio loans in default, or VA loans on which there
has been a foreclosure and the Department paid a claim and provide
these records to HUD for inclusion in its CAIVRS. Information included
in this system may be disclosed to all participating agencies and
lenders who participate in the agencies' programs to enable them to
verify information provided by new loan applicants and evaluate the
creditworthiness of applicants. These records may also be disclosed as
part of an ongoing computer-matching program to accomplish these
purposes.
58. SSA, HHS, for SSN Validation: VA may disclose information to
the Social Security Administration and the Department of Health and
Human Services for the purpose of conducting computer matches to obtain
information to validate the social security numbers maintained in VA
records.
This information may also be disclosed as part of a computer
matching agreement to accomplish this purpose.
59. Any information contained in the files of Veterans whose claims
were referred to VA Central Office for an advisory opinion concerning
their claims that their disabilities were incurred secondary to
occupational radiation exposure may be disclosed to the Department of
the Navy. The information to be furnished to the Navy would include the
medical opinions, dose estimates, advisory opinions, and rating
decisions including Veterans' names, addresses, VA claim numbers,
social security numbers and medical information. The requested
information may be disclosed to the Department of the Navy upon receipt
of its official written request for such information for its use in the
review and assessment of its occupational radiation exposure controls
and training.
60. A Veteran's claims file number and folder location may be
disclosed to a court of proper jurisdiction that has issued a
garnishment order for that Veteran under title 42 U.S.C. 659 through
Sec. 660. An individual's identifying and payment information may be
disclosed to the educational institution, training establishment, or
other entity the individual attends (or attended) if that individual
received educational assistance from VA based on training at that
educational institution, training establishment, or
[[Page 61867]]
entity. VA will disclose this information to assist the educational
institution, training establishment, or other entity in verifying the
individual's receipt of VA educational assistance and to assist the
individual in applying for additional financial aid (e.g., student
loans).
61. The name and address of a prospective, present, or former
accredited representative, claims agent or attorney and any information
concerning such individual which is relevant to a refusal to grant
access privileges to automated Veterans' claims records, or a potential
or past suspension or termination of such access privileges may be
disclosed to the entity employing the individual to represent Veterans
on claims for Veterans benefits.
62. The name and address of a former accredited representative,
claim agent or attorney, and any information concerning such
individual, except a Veteran's name and home address, which is relevant
to a revocation of such access privileges may be disclosed to an
appropriate governmental licensing organization where VA determines
that the individual's conduct that resulted in revocation merits
reporting.
63. A record from this system (other than the address of the
beneficiary) may be disclosed to a former representative of a
beneficiary to the extent necessary to develop and adjudicate a claim
for payment of attorney fees to such representative from past-due
benefits under title 38 U.S.C. 5904(d) and Public Law 109-461 or to
review a fee agreement between such representative and the beneficiary
for reasonableness under title 38 U.S.C. 5904(c)(2) and Public Law 109-
461.
64. Disclosure of tax returns and return information received from
the IRS may be made only as provided by title 26 U.S.C. 6103 (an IRS
confidentiality statute) also covering any IRS tax return information
provided as part of an ongoing computer matching program.
65. Where VA determines that there is good cause to question the
legality or ethical propriety of the conduct of a person or
organization representing a person in a matter before VA, a record from
this system may be disclosed, on VA's initiative, to any or all of the
following: (1) Applicable civil or criminal law enforcement authorities
and (2) a person or entity responsible for the licensing, supervision,
or professional discipline of the person or organization acting as a
representative. Name and home addresses of Veterans and their
dependents will be released on VA's initiative under this routine use
only to Federal entities.
66. The name and address of a beneficiary, and other information as
is reasonably necessary to identify such a beneficiary, who has been
adjudicated as incompetent under 38 CFR 3.353, may be provided to the
Attorney General of the United States or his/her designee, for use by
the DOJ in the National Instant Criminal Background Check System
mandated by the Brady Handgun Violence Prevention Act, Public Law 103-
159.
67. Disclosure may be made to the National Archives and Records
Administration (NARA) and General Services Administration in record
management inspections and such other activities conducted under
Authority of title 44 U.S.C.
68. VA may disclose information from this system of records to the
DOJ, either on VA's initiative or in response to DOJ's request for the
information, after either VA or DOJ determines that such information is
relevant to DOJ's representation of the United States or any of its
components in legal proceedings before a court or adjudicative body,
provided that, in each case, the agency also determines prior to
disclosure that release of the records to the DOJ is a use of the
information contained in the records that is compatible with the
purpose for which VA collected the records. VA, on its own initiative,
may disclose records in this system of records in legal proceedings
before a court or administrative body after determining that the
disclosure of records to the court or administrative body is a use of
the information contained in the records that is compatible with the
purpose for which VA collected the records.
69. Disclosure of relevant information may be made to individuals,
organizations, public or private agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement.
70. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud, waste,
overpayment, or abuse by individuals in their operations and programs
as well as identifying areas where legislative and regulatory
amendments directed toward preventing overpayments. These records may
also be disclosed as part of an ongoing computer-matching program to
accomplish this purpose.
71. VA may on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) VA has
determined that as a result of the suspected or confirmed compromise,
there is a risk of embarrassment or harm to the reputations of the
record subjects, harm to the economic or property interests, identity
theft or fraud, or harm to the programs (whether maintained by VA or
another agency or entity) that rely upon the potentially compromised
information; and (3) the disclosure is to agencies, entities, or
persons whom VA determines are reasonably necessary to assist or carry
out the VA's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by VA to respond to a suspected or confirmed data
breach, including the conduct of any risk analysis or provision of
credit protection services as provided in title 38 U.S.C. 5724, as the
terms are defined in title 38 U.S.C. 5727.
72. VA may disclose information to other Federal Agencies
including, but not limited to, identifying information, payment
information, and vocational objectives about a Veteran or Servicemember
who is receiving or has received benefits under the Vocational
Rehabilitation program to be used in data analysis and development of
performance measures.
73. Any information contained in this system may be disclosed by
VA, as deemed necessary, to DoD for use for determinations required by
DoD. VA will routinely use the information to conduct medical
evaluations needed to produce VA disability ratings and to promulgate
subsequent claims for benefits under title 38 U.S.C.
74. Information in this system (excluding date of birth, social
security number, and address) relating to the use of transferred
educational assistance benefits may be coequally disclosed to the
transferor, e.g., the individual from whom eligibility was derived, and
to each transferee, e.g., the individual receiving the transferred
benefit. The information disclosed is limited to the two parties in
each transferor-transferee relationship, as the transferor may have
multiple transferred relationships.
75. The name, address, insurance account information of an insured
Veteran or member of the uniformed services, their beneficiary(ies),
legal representatives, or designated payee(s), and the amount of
payment may be disclosed to the Treasury Department, upon its official
request, in order for the
[[Page 61868]]
Treasury Department to make payment of dividends, policy loans, cash
surrenders, maturing endowments, insurance refunds, issue checks and
perform check tracer activities for the veteran or member of the
uniformed services, beneficiary(ies), legal representative or
designated payee(s).
76. The name and address of an insured Veteran or member of the
uniformed services, date and amount of payments made to VA, including
specific status of each policy (e.g., premiums paid in, dividends paid
out, cash and loan values) may be disclosed to the Internal Revenue
Service (IRS), upon its official request, in order for the IRS to
collect tax liens by withholding insurance payments to satisfy unpaid
taxes. This purpose is consistent with title 26 of the United States
Code, Sec. 7602.
77. The name, address, social security number, date of discharge
from the military, medical information concerning the grounds for total
disability or the nature of an injury or illness, and dependency or
beneficiary related information of a member of the uniformed services
or Veteran may be disclosed to the Office of Servicemembers' Group Life
Insurance (OSGLI) at the request of a member of the uniformed services
or Veteran in order to aid OSGLI in the verification of such
information for the purpose of issuance and maintenance of insurance
policies provided to members of the uniformed services or Veterans
participating in the Servicemembers' Group Life Insurance (SGLI)
program and/or Veterans' Group Life Insurance (VGLI) program and to pay
insurance benefits under these programs.
78. The name, address, and other identifying information such as a
social security number or a military service number may be disclosed to
the Department of Defense (Army, Air Force, Navy, Marine Corps); the
Coast Guard of the Department of Homeland Security; the Commissioned
Officers Corps of the U.S. Public Health Service; and the Commissioned
Officers Corps of the National Oceanic and Atmospheric Administration
(NOAA) of the Department of Commerce; this disclosure may be made upon
their official request, for use in order for these departments to
establish and maintain allotments from active and retired service pay
for VA insurance premiums and loan repayments.
79. The face amount and cash and/or loan value of an insurance
policy, verification of an existing insurance policy, and the name and
address of an insured Veteran or member of the uniformed services may
be disclosed at the request of the veteran or member of the uniformed
services to a Federal, State, or local agency, in order for these
agencies to assist a veteran or member of the uniformed services
applying for Medicaid, Medicare, nursing home admittance, welfare
benefits, or other benefits provided by the requesting agency to the
extent that the information is relevant and necessary to the agency's
decision regarding benefits.
80. The name and address of a Veteran or member of the uniformed
services and military service information (e.g., dates of service,
branch of service) may be disclosed to the Armed Forces Institute of
Pathology (AFIP), upon its official request, in order for the AFIP to
conduct research for specified official purposes.
81. Any information in this system such as notice of renewal,
reinstatement, premium due, lapse actions, miscellaneous insurance
instructions, disposition of dividends, policy loans, and transfer of
records may be disclosed to VA fiduciaries, court-appointed guardians/
conservators, powers of attorney, or military trustees of incompetent
Veterans or members of the uniformed services in order to advise VA
fiduciaries, court-appointed guardians/conservators, powers of
attorney, or military trustees of current actions to be taken in
connection with ownership of U.S. government life insurance policies
and to enable them to properly perform their duties as fiduciaries or
guardians, powers of attorney, or military trustees.
82. Any information in this system of records may be disclosed, in
the course of presenting evidence in or to a court, magistrate,
administrative tribunal, or grand jury, including disclosures to
opposing counsel in the course of such proceedings or in settlement
negotiations.
83. Identifying information, except for the name and address of a
Veteran or member of the uniformed services, may be disclosed to a
Federal, State, County or Municipal agency for the purpose of
conducting computer matches to obtain information to validate the
entitlement of a Veteran or member of the uniformed services who is
receiving or has received government insurance benefits under title 38
U.S.C. The name and address of a Veteran or member of the uniformed
services may also be disclosed to a Federal agency under this routine
use if they are required by the Federal agency to respond to the VA
inquiry.
84. Phone Operators, for the Hearing-Impaired: VA may disclose
information from this system of records to telephone company operators
acting in a capacity to facilitate phone calls to or for hearing-
impaired individuals, such as veterans or authorized agents, using
telephone devices for the hearing-impaired, including
Telecommunications Devices for the Deaf (TDD) or Text Telephones (TTY).
85. Any information in this system, including name, address, Social
Security number, VA file number, medical records, financial records,
and field examination reports of a VA beneficiary, and the name,
address, and information regarding the activities of a VA-appointed
fiduciary or beneficiary may be disclosed at the request of a VA
beneficiary or fiduciary to a Federal, State, or local agency in order
for VA to obtain information relevant to a VA decision concerning the
payment and usage of funds payable by VA on behalf of a beneficiary, or
to enable VA to assist a beneficiary or VA-appointed fiduciary in
obtaining the maximum amount of benefits for a VA beneficiary from a
Federal, State, or local agency.
86. Any information in this system, including name, address, Social
Security number, VA file number, medical records, financial records,
and field examination reports of a VA beneficiary who is in receipt of
VA and SSA benefits concurrently, and the name, address, and
information regarding the activities of a VA-supervised fiduciary may
be disclosed to a representative of the SSA to the extent necessary for
the operation of a VA program, or to the extent needed as indicated by
such representative.
87. Any information in this system, including medical records,
financial records, field examination reports, correspondence and court
documents may be disclosed in the course of presenting evidence to a
court, magistrate or administrative tribunal in matters of
guardianship, inquests and commitments, and to probation and parole
officers in connection with court required duties.
88. Any information in this system may be disclosed to a VA-
appointed fiduciary in order for that fiduciary to perform his or her
duties, provided this information will only be released when the
disclosure is for the benefit of the beneficiary. Any information in
this system may also be disclosed to a proposed fiduciary in order for
the fiduciary to make an informed decision with regard to accepting
fiduciary responsibility for a VA beneficiary.
89. Any information in this system, including medical records,
correspondence records, financial records, field examination reports,
and court documents may be disclosed to an attorney employed by the
beneficiary, or
[[Page 61869]]
to a spouse, relative, next friend, or to a guardian ad litem
representing the interests of the beneficiary, provided the name and
address of the beneficiary is given beforehand and the disclosure is
for the benefit of the beneficiary, and the release is authorized by 38
U.S.C. 7332, if applicable.
90. Any information in this system relating to the adjudication of
a VA beneficiary's ability to manage his or her VA benefits, either by
a court of competent jurisdiction or by VA, may be disclosed to a
lender or prospective lender participating in the VA Loan Guaranty
Program who is extending credit or proposing to extend credit on behalf
of a veteran for VA to protect veterans in this category from entering
into unsound financial transactions which might deplete the resources
of the veteran and to protect the interest of the Government giving
credit assistance to a Veteran.
91. The name and mailing address of a VA beneficiary, and other
information as is reasonably necessary to identify such a beneficiary,
who has been adjudicated as incapable of managing his or her financial
affairs under 38 CFR 3.353, may be provided to the Attorney General of
the United States or his/her designee, for use by DoJ in the National
Instant Criminal Background Check System mandated by the Brady Handgun
Violence Prevention Act, Public Law 103-59.
92. The name, mailing address, and any other information obtained
by VA pertaining to the qualification of an individual seeking
appointment as a VA fiduciary may be released to the beneficiary or his
or her accredited representative or court-appointed guardian for the
purpose of notifying the beneficiary of the reasons for selection or
non-selection of the individual.
93. The name, mailing address, and any other information obtained
by VA pertaining to the allegation, investigation, determination of
misuse by a fiduciary, or determination of negligence on the part of VA
may be released to the beneficiary or his or her accredited
representative or court-appointed guardian for the purpose of notifying
the beneficiary of the reasons for VA's decision regarding misuse.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The BDN, Legacy Content Manager (LCM), Corporate WINRS, VETSNET,
The Image Management System (TIMS), Long Term Solution (LTS), CMS and
the VBMS are data telecommunication terminal systems. For Compensation
and Pension-related claims, records (or information contained in
records) are no longer maintained on paper documents in claims folders
(C-folders), but are now 100% digitized and stored in the VBMS
electronic folder (VBMS eFolder). In 2012, VA declared the VBMS eFolder
to be the official record for all documentation submitted to VA
pursuant to claims for Compensation and Pension benefits. All paper
documents VA receives pursuant to a Compensation or Pension claim are
converted to a digital image via VA's electronic imaging process and
uploaded into the VBMS eFolder. An electronically-imaged document in
the VBMS eFolder is the official copy of record for adjudicating claims
for VA Compensation or Pension benefits. When VA decision makers
adjudicate claims for Compensation or Pension benefits, they rely
solely on the electronic image contained in the VBMS eFolder,
irrespective of whether a document is initially submitted to VA in
electronic or paper format. VA decision makers do not have access to
the original paper source documents during the claims adjudication
process. Once a paper source document is electronically imaged and
uploaded into the eFolder, VA considers the electronic image to be the
official copy of record, while the physical paper document is
reclassified as a duplicate copy. All duplicate copies of the official
record are subject to destruction in accordance with applicable
procedures and laws (please see the Retention and Disposal section for
further details.)
VR&E and Education claims are maintained on paper, electronic
folders, and on automated storage media (e.g., microfilm, microfiche,
magnetic tape and disks). Texts and emails from the Veterans pursuant
to a VR&E claim are stored in the Corporate Database as a Corporate
WINRS Case Note, which becomes the official record. Any texts and
emails stored in the cloud/contractor server are considered duplicate
copies. Such information may be accessed through BDN, VBMS, CMS, TIMS,
LTS, and VETSNET terminals. BDN, LCM, Corporate WINRS, VETSNET, and
VBMS terminal locations include VA Central Office, regional offices, VA
health care facilities, Veterans Integrated Service Network offices,
DoD Finance and Accounting Service Centers and the U.S. Coast Guard Pay
and Personnel Center. Remote on-line access is also made available to
authorized remote sites, representatives of claimants and to attorneys
of record for claimants. A VA claimant must execute a prior written
consent or a power of attorney authorizing access to his or her claims
records before VA will allow the representative or attorney to have
access to the claimant's automated claims records. Access by
representatives and attorneys of record is to be used solely for the
purpose of assisting an individual claimant whose records are accessed
in a claim for benefits administered by VA. Information relating to
receivable accounts owed to VA, designated the Centralized Accounts
Receivable System (CARS), is maintained on magnetic tape, microfiche
and microfilm. CARS is accessed through a data telecommunications
terminal system at St. Paul, Minnesota.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
File folders, whether paper or electronic, are indexed by name of
the individual and VA file number. Automated records are indexed by
name, VA file number, payee name and type of benefit. Employee
productivity is measured using automated systems. At the conclusion of
a monthly reporting period, the generated listing is indexed by
employee BDN identification number. Records in CAIVRS may only be
retrieved by social security number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All claims files folders for Compensation and Pension claims are
electronically imaged and uploaded into the VBMS eFolder. Once a file
is electronically imaged and established by VA as the official record,
its paper contents (with the exception of documents that are on hold
due to pending litigation, and service treatment records and other
documents that are the property of DoD), are reclassified as
duplicate--non record keeping--copies of the official record, and will
be destroyed in accordance with Records Control Schedule VB-1, Part 1
Section XIII, Item 13-052.100 as authorized by NARA. All paper
documentation that is not the property of VA (e.g., DoD-owned
documentation) is currently stored by VA after scanning, pending a
policy determination as to its final disposition. All documentation
being held pursuant to active litigation is held in its native format
during the pendency of the litigation. All VBMS eFolders are stored on
a secure VA server, pending permanent transfer to NARA where they will
be maintained as historical records. Once an electronic record has been
transferred into NARA custody, the record will be fully purged and
deleted from the VA system in accordance with governing records control
schedules
[[Page 61870]]
using commercial off the shelf (COTS) software designed for the
purpose. Once purged, the record will be unavailable on the VA system,
and will only be accessible through NARA.
Prior to destruction of any paper source documentation reclassified
as duplicate copies, VA engages in a comprehensive and multi-layered
quality control and validation program to ensure material that has been
electronically imaged is completely and accurately uploaded into the
VBMS eFolder. To guarantee the integrity and completeness of the
record, VA engages in industry-best practices, using state-of-the-art
equipment, random sampling, independent audit, and 100% VA review
throughout the claims adjudication process. Historically, VA's success
rate in ensuring the accuracy and completeness of the electronic record
routinely and consistently exceeds 99%. Furthermore, no paper document
is ever destroyed while any related claim or appeal for VA benefits is
still pending. VA waits 3 years after the final adjudication of any
claim or appeal before destroying the paper duplicate copies that have
been scanned into the VBMS eFolder. As noted, the electronic image of
the paper document is retained indefinitely as a permanent record
either by VA or NARA.
Decisions to destroy VR&E paper counseling records are to be made
in accordance with Records Control Schedule (RCS), RCS VB-1, Part I,
Field in Section VII, dated January 31, 2014. Automated storage media
containing temporary working information are retained until a claim is
decided, and then destroyed. All other automated storage media are
retained and disposed of in accordance with disposition authorization
approved by NARA. Education file folders in paper are retained at the
servicing Regional Processing Office. Education paper folders may be
destroyed in accordance with the times set forth in the VBA Records
Management, Records Control Schedule VB-1, Part 1, Section VII, as
authorized by NARA.
Employee productivity records are maintained for two years after
which they are destroyed by shredding or burning. File information for
CAIVRS is provided to HUD by VA on magnetic tape. After information
from the tapes has been read into the computer the tapes are returned
to VA for updating. HUD does not keep separate copies of the tapes.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. Physical Security:
(a) Access to working spaces and claims folder file storage areas
in VA regional offices and centers is restricted to VA employees on a
need-to-know basis. Generally, file areas are locked after normal duty
hours and the offices and centers are protected from outside access by
the Federal Protective Service or other security personnel. Employee
claims file records and claims file records of public figures are
stored in separate locked files. Strict control measures are enforced
to ensure that access to and disclosure from these claims file records
are limited to a need- to-know basis. Duplicate paper copies after
imaging are stored in NARA-compliant facilities, pending destruction.
(b) Access to BDN, LCM, Corporate WINRS, VETSNET, CMS, and VBMS
data telecommunication networks are by authorization controlled by the
site security officer who is responsible for authorizing access to the
BDN, LCM, VBMS and VETSNET by a claimant's representative or attorney
approved for access in accordance with VA regulations. The site
security officer is responsible for ensuring that the hardware,
software and security practices of a representative or attorney satisfy
VA security requirements before granting access. The security
requirements applicable to the access of automated claims files by VA
employees also apply to the access of automated claims files by
claimants' representatives or attorneys. The security officer is
assigned responsibility for privacy-security measures, especially for
review of violation logs, information logs and control of password
distribution, including password distribution for claimants'
representatives.
(c) Access to data processing centers is generally restricted to
center employees, custodial personnel, Federal Protective Service and
other security personnel. Access to computer rooms is restricted to
authorized operational personnel through electronic locking devices.
All other persons provided access to computer rooms are escorted.
(d) Employee production records are identified by the confidential
BDN and VETSNET employee identification number, and are protected by
management/supervisory personnel from unauthorized disclosure in the
same manner as other confidential records maintained by supervisors.
2. BDN, LCM, VETSNET, CMS, e-VA, and VBMS System Security:
(a) Usage of the BDN, LCM, Corporate WINRS, VETSNET, e-VA and VBMS
systems is protected by the usage of ``login'' identification passwords
and authorized function passwords. The passwords are changed
periodically. These same protections apply to remote access users.
(b) At the data processing centers, identification of magnetic
tapes and disks containing data is rigidly enforced using labeling
techniques. Automated storage media, which are not in use, are stored
in tape libraries, which are secured in locked rooms. Access to
programs is controlled at three levels: Programming, auditing and
operations. Access to the data processing centers where HUD maintains
CAIVRS is generally restricted to center employees and authorized
subcontractors. Access to computer rooms is restricted to center
employees and authorized operational personnel through electronic
locking devices. All other persons granted access to computer rooms are
escorted. Files in CAIVRS use social security numbers as identifiers.
Access to information files is restricted to authorized employees of
participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency
distribution of passwords. Information in the system may be accessed by
use of a touch-tone telephone by authorized agency and lender employees
on a ``need-to-know'' basis.
(3) e-VA and CMS System Security:
A unique SSL certificate has been generated for this connection
which provides authentication for the e-VA and CMS applications, which
enables an encrypted connection. Short Message Service (SMS) text
messages are processed using a secure SMS gateway hosted by Twilio. The
client's first and last name (the only PII in the text message) are
encrypted when the information is passed back and forth. Emails are
processed by AWS Simple Email Service (SES) using Transport Layer
Security (TLS) protocol, which is a cryptographic protocol designed to
provide communications security over a computer network. All emails to
participants are sent from a single email address ([email protected]).
RECORD ACCESS PROCEDURES:
Veterans and authorized parties have a statutory right to request a
copy of or an amendment to a record in VA's possession at any time
under the Freedom of Information Act (FOIA) and the Privacy Act (PA).
VA has a decentralized system for fulfilling FOIA and PA requests. The
type of information or records an individual is seeking will determine
the location to which a request should be submitted. For records
contained within a VA
[[Page 61871]]
claims folder (Compensation and Pension claims), or military service
medical records in VA's possession, the request will be fulfilled by
the VA Records Management Center. Authorized requestors should mail
their Privacy Act or FOIA requests to: Department of Veterans Affairs,
Claims Intake Center, P.O. Box 4444, Janesville, WI 53547-4444, DID:
608-373-6690.
For other benefits records maintained by VA (to include Vocational
Rehabilitation & Employment, Insurance, Loan Guaranty or Education
Service) submit requests to the FOIA/Privacy Act Officer at the VA
Regional Office serving the individual's jurisdiction. Address
locations for the nearest VA Regional Office are listed at VA Locations
Link.
Any individuals who have questions about access to records may also
call 1-800-327-1000. Information about how to contact Fiduciary
services can be found here: https://www.benefits.va.gov/FIDUCIARY/contact-us.asp.
CONTESTING RECORD PROCEDURES:
See Record access procedures above.
NOTIFICATION PROCEDURES:
Any individual, who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the nearest VA regional
office or center. Address locations are listed at VA Locations Link.
VA employees wishing to inquire whether the system of records
contains employee productivity information about themselves should
contact their supervisor at the regional office or center of
employment.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
There is no category of records in this system that has been
identified as exempt from any section of the Privacy Act.
HISTORY:
Compensation, Pension, Education, and Vocational Rehabilitation and
Employment Records-VA (58VA21/22/28) was published on February 14, 2019
at 84FR4138.
[FR Doc. 2021-24372 Filed 11-5-21; 8:45 am]
BILLING CODE 8320-01-P
