38 C.F.R. § 14.603

Disposition of claims

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

[42 FR 41416, Aug. 17, 1977, as amended at 43 FR 2722, Jan. 19, 1978. Redesignated and amended at 61 FR 27784, June 3, 1996]

Notes of Decisions

Cited in 2 cases, 1977–1983 · leading case: Rothman v. United States, 434 F. Supp. 13 (C.D. Cal. 1977).

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Rothman v. United States, 434 F. Supp. 13 (C.D. Cal. 1977). “38 C.F.R. § 14.603 (a)(3). In California, the right to maintain a wrongful death action is governed by Code of Civil Procedure § 377.”

Del Valle v. Vets. Admin., Kingsbridge, 571 F. Supp. 676 (S.D.N.Y. 1983). “3 (e) (1982); accord 38 C.F.R. § 14.603 (a)(3) (1982). The regulations also state that an administrative claim must be: presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing and be…”

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