C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 14—LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

38 C.F.R. § 14.803

Policy

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(a) VA personnel may provide testimony or produce VA records in legal proceedings covered by §§ 14.800 through 14.810 only as authorized in accordance with these regulations. In determining whether to authorize testimony or the production of records, the determining official will consider the effect in this case, as well as in future cases generally, based on the factors set forth in § 14.804, which testifying or producing records not available for public disclosure will have on the ability of the agency or VA personnel to perform their official duties.

(b) The Department of Veterans Affairs does not seek to deny its employees access to the courts as citizens, or in the employees' private capacities on off-duty time.

(c) The Department of Veterans Affairs does not seek to deny the Nation's veterans access to the courts.

(Authority: 38 U.S.C. 501 (a) and (b); 5 U.S.C. 301)
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2011–2025 · leading case: Solomon v. Nassau Cnty., 274 F.R.D. 455 (E.D.N.Y 2011).
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Solomon v. Nassau Cnty., 274 F.R.D. 455 (E.D.N.Y 2011). “38 C.F.R. § 14.803 . “In other words, the statute gives the government varying degrees of discretion to grant or deny such requests depending on the type of information involved.”
Rhoads v. United States Dep't of Vets. Affairs, 242 F. Supp. 3d 985 (E.D. Cal. 2017). “” 38 C.F.R. § 14.803 (a). The VA’s Touhy regulations also outline the following factors for the determining official to consider in deciding whether to authorize VA personnel to testify: (a)The need to avoid spending the time and money of the United States for private purposes…”
Eugene M. Sanchez v. David Leija & Lindale Wrecker Serv. (Tex. App. 2020). “See 38 C.F.R. § 14.803 . Such testimony or records must be sought through the process provided in the 9 regulations.”
Murphy v. United States Dep't of Vets. Affairs (D. Colo. 2025). “38 C.F.R. §§ 14.803 (a), 14.806. “In determining whether to authorize testimony .”
Armando Hernandez v. State (Tex. App. 2015). “See 38 C.F.R. § 14.803 . Such testimony or records must be sought through the process provided in the regulations.”
Thuesen, John (Tex. Crim. App. 2014). “See 38 C.F.R. § 14.803 . Such testimony or records must be sought through the process provided in the regulations.”
Thuesen, John (Tex. Crim. App. 2014). “See 38 C.F.R. § 14.803 . Such testimony or records must be sought through the process provided in the regulations.”
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