(a) Each person who inquires as to the procedure for filing a claim against the United States, predicated on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, will be furnished a copy of SF 95, Claim for Damage, Injury, or Death. The claimant will be advised to submit the executed claim directly to the Regional Counsel having jurisdiction of the area wherein the occurrence complained of took place. He or she will also be advised to submit the information prescribed by 28 CFR 14.4 to the extent applicable. If a claim is presented to the Department of Veterans Affairs which involves the actions of employees or officers of other agencies, it will be forwarded to the Department of Veterans Affairs General Counsel, for appropriate action in accord with 28 CFR 14.2.
(b) A claim shall be deemed to have been presented when the Department of Veterans Affairs receives from a claimant, his or her duly authorized agent or legal representative, an executed SF 95, or other written notification of an incident, together with a claim for money damages, in a sum certain, for damage to or loss of property or personal injury or death: Provided, however, That before compromising or settling any claim, an executed SF 95 shall be obtained from the claimant.
(c) A claim presented in compliance with paragraphs (a) and (b) of this section may be amended by the claimant at any time prior to final Department of Veterans Affairs action or prior to the exercise of the claimant's option under 28 U.S.C. 2675(a). Amendments shall be submitted in writing and signed by the claimant or his or her duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, the Department of Veterans Affairs shall have 6 months in which to make a final disposition of the claim as amended and the claimant's option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing of the amendment.
(Authority: 28 U.S.C. 1346(b)(1), 2401(b), 2671-2680; 38 U.S.C. 512, 515; 28 CFR part 14, appendix to part 14)
[42 FR 41414, Aug. 17, 1977, as amended at 61 FR 27784, June 3, 1996; 64 FR 47112, Aug. 30, 1999]
Notes of Decisions
Peter Barber v. United States, 642 F. App'x 411 (5th Cir. 2016).
· cites it 3× “Under 38 C.F.R. § 14.604 (b), a claim “shall be deemed to have been presented when the [VA] receives from, a claimant .”
William F. Glarner v. United States of Am., Dep't of Vets. Admin., 30 F.3d 697 (6th Cir. 1994).
· cites it 2× “According to 38 C.F.R. § 14.604 (a), it had a duty to provide Glarner with an SF95: Each person who inquires as to procedure for filing a claim against the United States, predicated on a negligent or wrongful act or omission of an employee of the Veterans Administration .”
Robert F. Burns v. United States, 764 F.2d 722 (9th Cir. 1985).
“According to 38 C.F.R. § 14.604 (a) (1984), [e]ach person who inquires as to the procedure for filing a claim against the United States, predicated on a negligent or wrongful act or omission of an employee of the Veterans Administration .”
Perez v. United States, 167 F.3d 913 (5th Cir. 1999).
“The Sixth Circuit in Glarner found that the Department of Veterans Affairs had failed to comply with 38 C.F.R. § 14.604 (a), which similarly requires furnishing a copy of a claim form.”
Casey v. United States, 161 F. Supp. 2d 86 (D. Conn. 2001).
“In so holding, these courts relied upon 38 C.F.R. § 14.604 (a), promulgated by the Department of Veterans Affairs, which provides: Each person who inquires as to the procedure for filing a claim against the United States, predicated on a negligent or wrongful act or omission of…”
Bartus v. United States, 930 F. Supp. 679 (D. Mass. 1996).
“The Government challenges the significance of Glarner and disputes the Sixth Circuit’s reliance on 38 C.F.R. § 14.604 (a), which provides in part: Each person who inquires as to the procedure for filing a claim against the United States, predicated on a negligent or wrongful act…”
Clayton v. Pazcoquin, 529 F. Supp. 245 (W.D. Pa. 1981).
“In an effort to insure that any SF 95 that you may elect to submit constitutes a valid and proper administrative claim, your attention is directed to the requirements set forth in 38 CFR 14.604(b). The SF 95 may be signed by the claimant, Linda Clayton, or you may, as her legal…”
Jackson v. United States, 488 F. Supp. 2d 191 (N.D.N.Y. 2007).
· cites it 3× “That Section provides, in relevant part: (a) Each person who inquires as to the procedure for filing a claim against the United States, predicated on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or…”
Lenske v. The United States of Am. (N.D. Miss. 2022).
“2016) (unpublished) (citing 38 C.F.R. § 14.604 (b); Montoya, 851 F.2d at 104) (“Even assuming we construe Barber’s unsigned 38 U.”
— 38 C.F.R. § 14.604(b) — 1 case
Clayton v. Pazcoquin, 529 F. Supp. 245 (W.D. Pa. 1981).
“In an effort to insure that any SF 95 that you may elect to submit constitutes a valid and proper administrative claim, your attention is directed to the requirements set forth in 38 CFR 14.604(b). The SF 95 may be signed by the claimant, Linda Clayton, or you may, as her legal…”
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