38 C.F.R. § 14.500

Functions and responsibilities of General Counsel

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The General Counsel is responsible to the Secretary for the following:

(a) All litigation arising in, or out of, the activities of the Department of Veterans Affairs or involving any employee thereof in his or her official capacity.

(b) All interpretative legal advice involving construction or application of laws, including statutes, regulations, and decisional as well as common law.

(c) All legal services, advice and assistance required to implement any law administered by the Department of Veterans Affairs.

(d) All delegations of authority and professional guidance required to meet these responsibilities.

(e) Maintenance of a system of field offices capable of providing legal advice and assistance to all Department of Veterans Affairs field installations and acting for the General Counsel as provided by Department of Veterans Affairs Regulations and instructions, or as directed by the General Counsel in special cases. This includes cooperation with U.S. Attorneys in all civil and criminal cases pertaining to the Department of Veterans Affairs and reporting to the U.S. Attorneys, as authorized, or to the General Counsel, or both, criminal matters coming to the attention of the Regional Counsel.

(f) Other matters assigned.

[42 FR 41410, Aug. 17, 1977]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1996–2024 · leading case: William Rickett v. Eric K. Shinseki, 26 Vet. App. 210 (Vet. App. 2013).

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William Rickett v. Eric K. Shinseki, 26 Vet. App. 210 (Vet. App. 2013). · cites it 2× “Rickett mailed his NOA to the "Office of General Counsel (022D)," which is an address on the NAR attached to the November 5, 2008, Board decision that was provided to Mr.”

Kelly v. Brown, 9 Vet. App. 37 (Vet. App. 1996). “See 38 C.F.R. § 14.500 (a) (1995) (VA General Counsel is responsible to the Secretary for “[a]ll litigation arising in, or out of, the activities of the Department of Veterans Affairs or involving any employee thereof in his or her official capacity”).”

Terry L. Hamilton v. Denis McDonough (Vet. App. 2024). “See generally 38 C.F.R. §§ 14.500 , 14.501 (2023). Regional counsels therefore may be required in FTCA claims "to conduct investigations, examine witnesses, take affadavits, [sic] administer oaths and affirmations and certify copies of public or private documents.”

Kutrzeba v. Shinseki, 23 Vet. App. 61 (Vet. App. 2009). “38 C.F.R. § 14.500 (a), (c), (d) (1999). The General Counsel represents the Secretary of Veterans Affairs before the Court.”

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