38 C.F.R. § 42.1

Basis and purpose

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(a) Basis. This part implements the Program Fraud Civil Remedies Act of 1986, Pub. L. 99-509, 6101-6104, 100 Stat. 1874 (October 21, 1986), to be codified at 31 U.S.C. 3801-3812. Section 3809 of title 31 U.S.C., requires each authority head, such as the Secretary of Veterans Affairs, to promulgate regulations necessary to implement the provisions of the statute.

(b) Purpose. This part:

(1) Establishes and provides the only administrative procedures and actions for imposing civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to authorities or to their agents, and

(2) Specifies the hearing and appeal rights of persons subject to allegations of liability for such penalties and assessments.

Notes of Decisions

Cited in 3 cases, 2009–2010 · leading case: Keith A. Roberts v. Eric K. Shinseki, 23 Vet. App. 416 (Vet. App. 2010).

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Keith A. Roberts v. Eric K. Shinseki, 23 Vet. App. 416 (Vet. App. 2010). · cites it 8× “§§ 3801-3812 and 38 C.F.R. § 42.1 et seq. Alternatively, he contends that the Board's determination that there was CUE in the May 1998 RO decision granting him service connection for PTSD with dysthymia and depression, which the Board reached by applying 38 C.”

Brown v. First Tennessee Bank Nat'l Ass'n, 753 F. Supp. 2d 1249 (N.D. Ga. 2009). “38 C.F.R. § 42.1 (b). . The court has apprehensions as to whether absent a statute Mr.”

Brown v. First Tennessee Bank Nat. Ass'n, 753 F. Supp. 2d 1249 (N.D. Ga. 2009). “38 C.F.R. § 42.1 (b). [5] The court has apprehensions as to whether absent a statute Mr.”

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