38 C.F.R. § 14.806
Scope of testimony or production
VA personnel shall not, in response to a request or demand for testimony or production of records in legal proceedings, comment or testify or produce records without the prior written approval of the responsible VA official designated in § 14.807(b). VA personnel may only testify concerning or comment upon official VA information, subjects or activities, or produce records, that were specified in writing, submitted to and properly approved by the responsible VA official.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2021–2023 · leading case: Bates v. State, 313 Ga. 57 (Ga. 2021).
Bates v. State, 313 Ga. 57 (Ga. 2021). “Dzagnidze averred that she was subpoenaed to Appellant’s trial but was not authorized to provide expert testimony pursuant to the Touhy regulations contained in 38 CFR §§ 14.806 and 14.808.8 She further averred that she was involved in Appellant’s treatment from September 2011…”
Bates v. State (Ga. 2021). “Dzagnidze averred that she was subpoenaed to Appellant’s trial but was not authorized to provide expert testimony pursuant to the Touhy regulations contained in 38 CFR §§ 14.806 and 14.808.8 She further averred that she was involved in Appellant’s treatment from September 2011…”
Schroeder v. United States Dep't of Vets. Affairs, The (D. Kan. 2023). “” 38 C.F.R. § 14.806 . Section 14.807(b) designates the responsible VA official as “the General Counsel, the Regional Counsel, an attorney in the Office of General Counsel designated by the General Counsel, or an attorney in the Regional Counsel office designated by the Regional…”
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