38 C.F.R. § 14.800

Purpose

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Sections 14.800 through 14.810 establish policy, assign responsibilities and prescribe procedures with respect to:

(a) The production or disclosure of official information or records of the Department of Veterans Affairs (VA); and

(b) The testimony of present or former VA personnel relating to any official information acquired by any individual as part of that individual's performance of official duties, or by virtue of that individual's official status, in federal, state or other legal proceedings covered by these regulations.

(Authority: 38 U.S.C. 501(a) and (b); 5 U.S.C. 301)
Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2009–2023 · leading case: Bates v. State, 313 Ga. 57 (Ga. 2021).
Bates v. State, 313 Ga. 57 (Ga. 2021). · cites it 6× “Dzagnidze, a VA employee, in compliance with federal Touhy regulations 7 contained in 38 CFR § 14.800 et seq. These regulations govern [t]he production or disclosure of .”
Solomon v. Nassau Cnty., 274 F.R.D. 455 (E.D.N.Y 2011). · cites it 2× “On March 9, 2011, the VA contacted counsel for the Defendant and informed her that pursuant to 38 C.F.R. § 14.800 , et seq., the VA had the authority to determine whether its employees would comply with a third-party subpoena in a civil matter, and that the VA did not have…”
Middlebrooks v. State, 884 S.E.2d 318 (Ga. 2023). · cites it 2× “Evans to court and advised the trial court that federal law required approval from the federal government anytime 13 See 38 CFR §§ 14.800 through 14.810, establishing policy, assigning responsibilities, and prescribing procedures with respect to the testimony of VA personnel and…”
Rhoads v. United States Dep't of Vets. Affairs, 242 F. Supp. 3d 985 (E.D. Cal. 2017). “, provide that VA personnel may provide testimony or records “only as authorized by the agency” when the VA is not a party and does not have a direct or substantial interest in the case. In determining whether to authorize testimony, the regulations provide that the determining…”
Burlodge Ltd. v. Standex Int'l Corp., 257 F.R.D. 12 (D.D.C. 2009). “See 38 C.F.R. § 14.800 . 2 A. Burlodge First, Burlodge contends that Rule 45, and not the Touhy regulations, provides the controlling standard as to whether DVA must comply with the subpoena.”
Bates v. State (Ga. 2021). · cites it 3× “Dzagnidze, a VA employee, in compliance with federal Touhy regulations 7 contained in 38 CFR § 14.800 et seq. These regulations govern [t]he production or disclosure of .”
Johnson v. ThyssenKrupp Elevator Corp. (E.D.N.Y 2019). · cites it 2× “Monteleone to testify pursuant to 38 C.F.R. §§ 14.800 et seg. (ECF No. 5 at 2.”
Thuesen, John (Tex. Crim. App. 2014). · cites it 2× “§ 301 , the VA has promulgated regulations restricting the circumstances in which VA employees may be called to testify and the scope of their testimony in matters that do not involve the federal government as a party.”
Thuesen, John (Tex. Crim. App. 2014). · cites it 2× “See 38 C.F.R. § 14.800 et seq. ; see also U.S.”
Marcus Sebastian Payne v. United States Dep't of Vets. Affairs (11th Cir. 2018). “See 38 C.F.R. § 14.800 et seq. But the regulations 5 Case: 18-11139 Date Filed: 10/29/2018 Page: 6 of 6 he cites do not apply to “[l]egal proceedings in which the [VA] or the United States is a party, is represented or has a direct and substantial interest.”
Eugene M. Sanchez v. David Leija & Lindale Wrecker Serv. (Tex. App. 2020). “See 38 C.F.R. § 14.800 , .806. This issue is not properly before the court because Sanchez did not raise it in his summary judgment response or motion for reconsideration.”
Schroeder v. United States Dep't of Vets. Affairs, The (D. Kan. 2023). “38 C.F.R. § 14.800 (citing 38 C.F.R. §§ 14 .”
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