Privacy Act of 1974; System of Records, 4138-4150 [2019-02315]
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Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Notices
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
Notice of Modified System of
Records.
ACTION:
As required by the Privacy
Act of 1974, notice is hereby given that
the Department of Veterans Affairs (VA)
proposes to modify an existing system
of records, Compensation, Pension,
Education, and Vocational
Rehabilitation and Employment
Records—VA’’ (58VA21/22/28).
DATES: Comments on this modified
system of records must be received no
later than 30 days after date of
publication in the Federal Register. If
no public comment is received during
the period allowed for comment or
unless otherwise published in the
Federal Register by VA, the modified
system of records will become effective
a minimum of 30 days after date of
publication in the Federal Register. If
VA receives public comments, VA shall
review the comments to determine
whether any changes to the notice are
necessary.
SUMMARY:
Written comments may be
submitted through https://
www.regulations.gov/; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont Ave.
NW, Room 1064, Washington, DC
20420; or by fax to (202) 273–9026 (not
a toll-free number). Comments should
indicate that they are submitted in
response to 58VA21/22/28. Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, comments may be viewed
online at https://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT:
Michael F. Palmer, Program Analyst,
Office of Business Process Integration,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420 (336) 251–0392.
SUPPLEMENTARY INFORMATION: This
system of records contains information
regarding applicants for and
beneficiaries of benefits chiefly
administered by the Veterans Benefits
Administration (VBA). This system is a
core system for VBA programs. This
ADDRESSES:
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system of records does not directly
address health or memorial benefits
administered respectively by the
Veterans Health Administration or the
National Cemetery Administration, the
other two of the three Administrations
within VA. This system was first
published on March 3, 1976, and last
amended on July 19, 2012, to include
the addition of the Veterans Benefits
Management System (VBMS) to this
existing system of records, the
establishment of the electronic claims
folder (e-Folder) as the copy of record
for Veterans claims processing;
management, adjudication, and appeals;
and to dispose of paper contents of a
claims folder after the folder is
electronically imaged. VBMS is the
well-established, automated, fully
electronic, Web-based claims processing
system serving as the cornerstone of
VBA’s successful transition to paperless
claims processing.
Expanding on the Department of
Veterans Affairs System of Records
Notification (SORN) of July 19, 2012,
the Department proposes to reaffirm the
establishment of the e-Folder as the
official record for Veterans claims
processing, management, adjudication,
and appeals, and proposes the plan to
properly dispose of paper duplicate
copies and other physical media after
imaging and upload into the e-Folder in
accordance with Records Control
Schedule VBA–1 Part 1 Section XIII, as
authorized by the National Archives and
Records Administration (NARA). VA
also proposes to begin using the VBMS
eFolder as an integrated benefits
repository for records related to VA
insurance and loan guarantee benefits.
As such, this SORN has been updated
accordingly, with the most notable
changes being an increase to the number
of Routine Uses (we have added Routine
Use #2 and Routine Uses #75–83), and
the type/number of Individuals Covered
by this System (we have added
Categories of Individuals Covered by
this System #15–24). Please see
applicable sections for further details.
Complete information pertaining to the
systems of records for the VA Loan
Guaranty Program can be found in the
17VA26 SORN, entitled ‘‘Loan Guaranty
Fee Personnel and Program Participant
Records—VA,’’ and 55VA26 SORN,
entitled ‘‘Loan Guaranty Home,
Condominium and Manufactured Home
Loan Applicants Records, Specially
Adapted Housing Applicant Records
and Vendee Loan Applicant RecordsVA.’’ Complete information pertaining
to the systems of records for VA
Insurance can be found in the 36VA29
SORN, entitled ‘‘Veterans and
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Uniformed Services Personnel Programs
of U.S. Government Life Insurance—
VA.’’ Lastly, VA is adding internet
protocol (IP) addresses as a type of
record maintained in this system.
In 2012, VA partnered with the
National Archives and Records
Administration (NARA) to develop, test,
and implement a ‘‘smart scanning’’
capability in support of the VBMS
initiative. VA then began electronically
imaging and uploading all incoming
claims-related documentation into the
VBMS eFolder. VA’s current policy is:
Once a paper document is scanned, the
original paper source material is
reclassified as a duplicate copy. The
duplicate copy is then placed in storage
at great taxpayer expense, and is not
used in the claims adjudication process.
The VBMS eFolder and the electronic
images it contains are considered the
official record, and are the exclusive
means by which VA Decision Makers
review claims-related documentation
when processing a claim for
Compensation or Pension benefits. The
paper duplicate copies are not reviewed
during the claims adjudication process;
however, the mere storage of the paper
duplicate copies has cost taxpayers in
excess of $24 million to date. As VA’s
paperless modernization continues to
expand, the cost of continued storage of
all paper duplicate information is
expected to exceed $500 million over
the next ten years. Given the enormous
expense of storing the paper duplicates
compared to the minimal benefit
conferred to Veterans, VA does not
believe it can justify the cost of
continuing to store paper duplicates. As
such, VA is proposing that, after an
extensive quality review and validation
process to ensure completeness and
accuracy of the electronic record, and a
3-year waiting period to ensure that all
related claims and appeals have been
completely and finally adjudicated, VA
will dispose of paper duplicates in
accordance with applicable laws and
procedures. VA will continue to
maintain the electronic images
indefinitely as a permanent record.
We are adding Data breach response
and remedial efforts to this SORN. VA
may disclose information from this
system to appropriate agencies, entities,
and persons when (1) VA suspects or
has confirmed that there has been a
breach of the system of records; (2) VA
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, VA
(including its information systems,
programs, and operations), and (3) the
Federal Government, or national
security; and the disclosure made to
such agencies, entities, and persons is
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reasonably necessary to assist in
connection with VA’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
This routine use permits disclosures
by the Department to respond to a
suspected or confirmed data breach,
including the conduct of any risk
analysis or provision of credit
protection services as provided in 38
U.S.C. 5724.
A federal agency’s ability to respond
quickly and effectively in the event of
a breach of federal data is critical to its
efforts to prevent or minimize any
consequent harm. An effective response
necessitates disclosure of information
regarding the breach to those
individuals affected by it, as well as to
persons and entities in a position to
cooperate, either by assisting in
notification to affected individuals or
playing a role in preventing or
minimizing harms from the breach.
Often, the information to be disclosed
to such persons and entities is
maintained by federal agencies and is
subject to the Privacy Act (5 U.S.C.
552a). The Privacy Act prohibits the
disclosure of any record in a system of
records by any means of communication
to any person or agency absent the
written consent of the subject
individual, unless the disclosure falls
within one of twelve statutory
exceptions. In order to ensure an agency
is in the best position to respond in a
timely and effective manner, in
accordance with 5 U.S.C. 552a(b)(3) of
the Privacy Act, agencies should
publish a routine use for appropriate
systems specifically applying to the
disclosure of information in connection
with response and remedial efforts in
the event of a data breach.
VA may disclose information from
this system to another Federal agency or
Federal entity, when VA determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
The narrative statement and an
advance copy of the proposed changes
have been sent to the appropriate
Congressional committees and to the
Director of the Office of Management
and Budget (OMB) as required by title
5 U.S.C. 552a(r) (Privacy Act) and
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guidelines issued by OMB (65 FR
77677), December 12, 2000.
Signing Authority
The Senior Agency Official for
Privacy, or designee, approved this
document and authorized the
undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of Veterans Affairs. James B. Ford,
Acting Executive Director, Privacy,
Office of Quality, Privacy and Risk,
Office of Information and Technology,
approved this document on June 27,
2018 for publication.
Dated: February 11, 2019.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office
of Information Security, Office of Information
and Technology, Department of Veterans
Affairs.
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SYSTEM MANAGER(S):
Director, Compensation Service (21C),
810 Vermont Avenue NW, VA Central
Office, Washington, DC 20420.
Director, Pension and Fiduciary
Service (21PF), 810 Vermont Avenue
NW, VA Central Office, Washington, DC
20420.
Director, Education Service (22), 810
Vermont Avenue NW, VA Central
Office, Washington, DC 20420.
Director, Vocational Rehabilitation
and Employment Service (28), 810
Vermont Avenue NW, VA Central
Office, Washington, DC 20420.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 10 U.S.C. chapters 106a, 510,
1606 and 1607 and title 38, U.S.C.,
§ 501(a) and Chapters 3, 11, 13, 15, 18,
19, 21, 23, 30, 31, 32, 33, 34, 35, 36, 37,
39, 51, 53, 55 and 77. Title 5 U.S.C.
5514.
PURPOSE(S) OF THE SYSTEM:
SYSTEM NAME AND NUMBER
Compensation, Pension, Education,
and Vocational Rehabilitation and
Employment Records—VA (58VA21/22/
28)
SECURITY CLASSIFICATION:
This is an unclassified system.
SYSTEM LOCATION:
Records are maintained at VA
regional offices, VA centers, the VA
Records Management Center (RMC), St.
Louis, Missouri, the Data Processing
Center at Hines, Illinois, the Corporate
Franchise Data Center in Austin, Texas,
the VA Insurance Center and the
Information Technology Center at
Philadelphia, Pennsylvania, and
Terremark Worldwide, Inc., Federal
Hosting Facilities in Culpepper,
Virginia, and Miami, Florida. Active
educational assistance records are
generally maintained at the regional
processing office having jurisdiction
over the educational institution, training
establishment, or other entity where the
claimant pursues or intends to pursue
training.
The automated individual employee
productivity records are temporarily
maintained at the VA data processing
facility serving the office in which the
employee is located. Records provided
to the Department of Housing and Urban
Development (HUD) for inclusion on its
Credit Alert Interactive Voice Response
System (CAIVRS) are located at a data
processing center under contract to
HUD at Lanham, Maryland. Address
locations of VA facilities are listed at:
https://www.va.gov/landing2_
locations.htm.
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VA gathers or creates these records in
order to enable it to administer statutory
benefits programs to Veterans,
Servicemembers, Reservists, and their
spouses, surviving spouses, and
dependents, who file claims for a wide
variety of Federal Veteran’s benefits
administered by VA. See the statutory
provisions cited in ‘‘Authority for
maintenance of the system.’’
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The following categories of
individuals are covered by this system.
1. Veterans who have applied for
compensation for service-connected
disability under title 38 U.S.C. chapter
11.
2. Veterans who have applied for
nonservice-connected disability under
title 38 U.S.C. chapter 15.
3. Veterans entitled to burial benefits
under title 38 U.S.C. chapter 23.
4. Surviving spouses and children
who have claimed pension based on
nonservice-connected death of a Veteran
under title 38 U.S.C. chapter 15.
5. Surviving spouses and children
who have claimed death compensation
based on service-connected death of a
Veteran under title 38 U.S.C. chapter 11.
6. Surviving spouses and children
who have claimed dependency and
indemnity compensation for serviceconnected death of a Veteran under title
38 U.S.C. chapter 13.
7. Parents who have applied for death
compensation based on serviceconnected death of a Veteran under title
38 U.S.C. chapter 11.
8. Parents who have applied for
dependency and indemnity
compensation for service-connected
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death of a Veteran under title 38 U.S.C.
chapter 13.
9. Individuals who applied for
educational assistance benefits
administered by VA under title 38
U.S.C.
10. Individuals who applied for
educational assistance benefits
maintained by the Department of
Defense (DoD) under title 10 U.S.C. that
are administered by VA.
11. Veterans who apply for training
and employers who apply for approval
of their programs under the provisions
of the Emergency Veterans’ Job Training
Act of 1983, Public Law 98–77.
12. Any VA employee who generates
or finalizes adjudicative actions using
the Benefits Delivery Network (BDN),
the Veterans Service Network
(VETSNET), or Veterans Benefits
Management System (VBMS) computer
processing systems.
13. Veterans who apply for training
and employers who apply for approval
of their programs under the provisions
of the Service Members Occupational
Conversion and Training Act of 1992,
Public Law 102–484.
14. Representatives of individuals
covered by the system.
15. Fee personnel who may be paid by
the VA or by someone other than the VA
(e.g., appraisers, compliance inspectors,
management brokers, loan closing and
fee attorneys who are not VA employees
but are paid for actual case work
performed).
16. Program participants (e.g.,
property management brokers and
agents, real estate sales brokers and
agents, participating lenders and their
employees, title companies whose fees
are paid by someone other than the VA,
and manufactured home dealers,
manufacturers, and manufactured home
park or subdivision owners).
17. Disabled veterans who have
applied for and received specially
adapted housing assistance under title
38, U.S.C. chapter 21;
18. Veterans, their spouses or
unmarried surviving spouses who have
applied for and received VA housing
credit assistance under title 38, U.S.C.,
chapter 37;
19. Person(s) applying to purchase VA
owned properties (vendee loans);
20. Transferee owners of properties
encumbered by a VA-guaranteed,
insured, direct or vendee loan (e.g.,
individuals who have assumed a VAguaranteed loan and those who have
purchased property directly from the
VA);
21. Individuals other than those
previously identified who may have
applied for loan guarantee benefits.
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22. Veterans (not including
dependents) and members of the
uniformed services (including
dependents) who have applied for and/
or have been issued government life
insurance.
23. Beneficiaries of government life
insurance entitled to or in receipt of
insurance proceeds.
24. Attorneys drawing fees for aiding
in settlement of VA insurance claims.
The individuals noted above are
covered by this system based on
applications, claims, and notices of
eligibility for the following government
life insurance programs provided in title
38 U.S.C. chapters 19 and 21:
(1) U.S. Government Life Insurance
(USGLI) under Section 1942.
(2) National Service Life Insurance
(NSLI) under Section 1904.
(3) Veterans’ Special Life Insurance
(VSLI) under Section 1923.
(4) Veterans’ Reopened Insurance
(VRI) under Section 1925.
(5) Service-Disabled Veterans
Insurance (S–DVI) under Section 1922
and 1922A.
(6) Veterans’ Mortgage Life Insurance
(VMLI) under Section 2106.
(7) Servicemembers’ Group Life
Insurance (SGLI), including Family
Servicemembers’ Group Life Insurance
(FSGLI), Veterans’ Group Life Insurance
(VGLI), and Servicemembers’ Group Life
Insurance Traumatic Injury Protection
(TSGLI) under Sections 1967 through
1980A.
CATEGORIES OF RECORDS IN THE SYSTEM:
The record, or information contained
in the record, may include identifying
information (e.g., name, address, social
security number); military service and
active duty separation information (e.g.,
name, service number, date of birth,
rank, sex, total amount of active service,
branch of service, character of service,
pay grade, assigned separation reason,
service period, whether Veteran was
discharged with a disability, reenlisted,
received a Purple Heart or other military
decoration); payment information (e.g.,
Veteran payee name, address, dollar
amount of readjustment service pay,
amount of disability or pension
payments, number of nonpay days, any
amount of indebtedness (accounts
receivable) arising from title 38 U.S.C.
benefits and which are owed to the VA);
medical information (e.g., medical and
dental treatment in the Armed Forces
including type of service-connected
disability, medical facilities, or medical
or dental treatment by VA health care
personnel or received from private
hospitals and health care personnel
relating to a claim for VA disability
benefits or medical or dental treatment);
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personal information (e.g., marital
status, name and address of dependents,
internet protocol addresses, occupation,
amount of education of a Veteran or a
dependent, dependent’s relationship to
Veteran); education benefit information
(e.g., information arising from
utilization of training benefits such as a
Veteran trainee’s induction, reentrance
or dismissal from a program or progress
and attendance in an education or
training program); applications for
compensation, pension, education and
vocational rehabilitation benefits and
training which may contain identifying
information, military service and active
duty separation information, payment
information, medical and dental
information, personal and education
benefit information relating to a Veteran
or beneficiary’s incarceration in a penal
institution (e.g., name of incarcerated
Veteran or beneficiary, claims file
number, name and address of penal
institution, date of commitment, type of
offense, scheduled release date,
Veteran’s date of birth, beneficiary
relationship to Veteran and whether
Veteran or beneficiary is in a work
release or half-way house program, on
parole or has been released from
incarceration).
The VA employee’s BDN, VETSNET
or VBMS identification numbers, the
number and kind of actions generated
and/or finalized by each such employee,
the compilation of cases returned for
each employee.
Records (or information contained in
records) may also include: Applications
for certificates of eligibility (these
applications generally contain
information from a veteran’s military
service records except for character of
discharge); applications for FHA
Veterans’ low-down payment loans
(these applications generally contain
information from a Veteran’s military
service records including whether or not
a veteran is in the service); applications
for a guaranteed or direct loan,
applications for release of liability,
applications for substitutions of VA
entitlement and applications for
specially adapted housing (these
applications generally contain
information relating to employment,
income, credit, personal data; e.g., social
security number, marital status, number
and identity of dependents; assets and
liabilities at financial institutions,
profitability data concerning business of
self-employed individuals, information
relating to an individual Veteran’s loan
account and payment history on a VAguaranteed, direct, or vendee loan on an
acquired property, medical information
when specially adapted housing is
sought, and information regarding
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whether a Veteran owes a debt to the
United States) and may be accompanied
by other supporting documents which
contain the above information;
applications for the purchase of a VA
acquired property (e.g., vendee loans—
these applications generally contain
personal and business information on a
prospective purchaser such as social
security number, credit, income,
employment history, payment history,
business references, personal
information and other financial
obligations and may be accompanied by
other supporting documents which
contain the above information); loan
instruments including deeds, notes,
installment sales contracts, and
mortgages; property management
information; e.g., condition and value of
property, inspection reports, certificates
of reasonable value, correspondence and
other information regarding the
condition of the property (occupied,
vandalized), and a legal description of
the property; information regarding VA
loan servicing activities regarding
default, repossession and foreclosure
procedures, assumability of loans,
payment of taxes and insurance, filing
of judgments (liens) with State or local
authorities and other related matters in
connection with active and/or
foreclosed loans; information regarding
the status of a loan (e.g., approved,
pending or rejected by the VA);
Applications by individuals to become
VA-approved fee basis appraisers,
compliance inspector, fee attorneys, or
management brokers. These
applications include information
concerning applicant’s name, address,
business phone numbers, social security
numbers or taxpayer identification
number, and professional qualifications;
applications by non-supervised lenders
for approval to close guaranteed loans
without the prior approval of VA
(automatically); applications by lenders
supervised by Federal or State agencies
for designation as supervised automatic
lenders in order that they may close
loans without the prior approval
(automatically) of the VA; applications
for automatic approval or designation
contain information concerning the
corporate structure of the lender,
professional qualifications of the
lender’s officers or employees, financial
data such as profit and loss statements
and balance sheets to insure the firm’s
financial integrity; identifying
information such as names, business
names (if applicable), addresses, phone
numbers and professional resumes of
corporate officials or employees;
corporate structure information on prior
approval lenders, participating real
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estate sales brokers or agents,
developers, builders, investors, closing
attorneys or other program participants
as necessary to carry out the functions
of the Loan Guaranty Program; records
of performance concerning appraisers,
compliance inspectors, management
brokers, or fee attorneys on both firms
and individual employees; records of
performance including disciplinary
proceedings, concerning program
participants; e.g., lenders, investors, real
estate brokers, builders, fee appraisers,
compliance inspectors and developers
both as to the firm and to individual
employees maintained on an as-needed
basis to carry out the functions of the
Loan Guaranty program; National
Control Lists which identify suspended
real estate brokers and agents, lenders
and their employees, investors,
manufactured home dealers and
manufacturers, and builders or
developers; and a master record of the
National Control List (e.g., Master
Control List) which includes
information regarding parties previously
suspended but currently reinstated to
participation in the Loan Guaranty
program in addition to all parties
currently suspended.
Life insurance records (or information
contained in records) may consist of:
1. Applications for insurance,
including the name and address of the
Veteran or member of the uniformed
services, email address, phone number,
correspondence to and from the veteran
or member of the uniformed services or
their legal representatives, date of birth,
social security number, military service
number, dates of service, military
ranking, character of discharge, VA file
number, plan or type of insurance,
disability rating, medical information
regarding disability and health history,
method of payment, amount of
insurance coverage requested, and bank
routing and account numbers.
Applications for Veterans’ Mortgage Life
Insurance (VMLI), including supporting
mortgage documents, contain the
address of the mortgaged property,
name and address of the mortgagor, the
mortgage account number, the rate of
interest, the original amount of the
mortgage, and the current amount of the
mortgage, the monthly payment amount,
the mortgage payment period, and VA
Specially Adapted Grant Cards (which
contain the Veteran’s or uniformed
services member’s name, address, dates
of military service, branch of service,
method of separation, whether the
Veteran or member of the uniformed
services has VMLI, the name and
address of the lender, the legal
description and property address,
improvements to such property, date
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4141
applied for disability compensation,
date of initial application submission,
grant information, amount of the grant
approved or whether the grant was
denied or canceled).
2. Beneficiary and option designation
information, including the names and
addresses of principal and contingent
beneficiaries, beneficiary social security
number, share amount to each
beneficiary, the method of payment, and
the designated estate(s) and trust(s).
3. Insurance contract information,
including: (a) Authorization of
allotment payment; (b) authorization for
deduction from VA benefit payments;
(c) authorization for deduction from
military retired pay; (d) authorization
for deduction from employee payroll; (e)
paid dividend information; (f) claims for
disability or death payments; (g) cash
value, policy loan, and lien information;
(h) a listing of lapsed actions and
unpaid insurance proceeds; (i) payment
vouchers; (j) reinstatement information;
(k) premium records status, and retired
status of the policy; (l) court-martial
orders; (m) copies of personal papers of
the insured, including birth certificate,
marriage license, divorce decree, citizen
or naturalization papers, death
certificate, adoption decree, and family
support documents; (n) correspondence
to and from the Veteran, member of the
uniformed services, legal representative
and payee; (o) employment information;
(p) returned check and check tracer
information; (q) court documents; and
(r) insurance death claims settlement
information, including indebtedness,
interest, and other credits.
4. Records of checks withheld from
delivery to certain foreign countries.
5. Index of payees, including CO
index cards and premium record cards.
6. Disability Outreach Tracking
System (DOTS) records stored in the
Veterans Insurance Claims Tracking and
Response System (VICTARS) including
the Veteran’s or uniformed services
member’s name, address, phone
number, and disability status.
7. Policy information and access
history from the VA Insurance website
self-service-portal stored in VICTARS,
which includes the name of the insured,
file number, policy number, address,
phone number, email address, loan
status, including loan amount
requested, denied, or pending, the date
of request for information, loan history,
policy changes, dividend option
changes, and VA Insurance website
pages accessed.
8. Information from the VA Insurance
website, which provides access to
Veterans for completion of an
application for Service-Disabled
Veterans Insurance (S–DVI), which
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includes the Veteran’s name, address,
social security number, date of birth,
phone number, medical history, email
address, and beneficiary information,
such as the beneficiary’s name, address,
and social security number.
RECORD SOURCE CATEGORIES:
Veterans, Servicemembers, Reservists,
spouses, surviving spouses, dependents
and other beneficiaries of the Veteran,
accredited service organizations and
other VA-approved representatives of
the Veteran, VA-supervised fiduciaries
(e.g., VA Federal fiduciaries, courtappointed fiduciaries), military service
departments, VA medical facilities and
physicians, private medical facilities
and physicians, education and
rehabilitation training establishments,
State and local agencies, other Federal
agencies including the Department of
Defense (DoD), Social Security
Administration (SSA); U.S. Treasury
Department, State, local, and county
courts and clerks, Federal, State, and
local penal institutions and correctional
facilities, other third parties and other
VA records, Office of Servicemembers’
Group Life Insurance (OSGLI);
commercial insurance companies;
undertakers; lending institutions
holding a veteran’s or uniformed
services member’s mortgage; VA Loan
Guaranty records; contractors
remodeling or enlarging or adding
construction to existing homes; relatives
and other interested persons; Westlaw
and InfoUSA; Inquiry Routing &
Information System (IRIS) (maintained
under System of Records ‘‘151VA005N’’
by the Office of Information
&Technology), brokers and builder/
sellers, credit and financial reporting
agencies, an applicant’s credit sources,
depository institutions and employers,
independent auditors and accountants,
hazard insurance companies, taxing
authorities, title companies, fee
personnel, business and professional
organizations, the general public, and
other parties of interest involving VAguaranteed, insured, vendee or direct
loans or specially adapted housing.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. Congress: VA may disclose
information from the record of an
individual in response to an inquiry
from the congressional office made at
the request of that individual.
VA must be able to provide
information about individuals to
adequately respond to inquiries from
Members of Congress at the request of
constituents who have sought their
assistance.
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2. Data breach response and remedial
efforts: VA may, on its own initiative,
disclose information from this system to
appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that there has been a breach
of the system of records; (2) VA has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, VA
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
the disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
VA’s efforts to respond to the suspected
or confirmed breach or to prevent,
minimize, or remedy such harm.
a. Effective Response. A federal
agency’s ability to respond quickly and
effectively in the event of a breach of
federal data is critical to its efforts to
prevent or minimize any consequent
harm. An effective response necessitates
disclosure of information regarding the
breach to those individuals affected by
it, as well as to persons and entities in
a position to cooperate, either by
assisting in notification to affected
individuals or playing a role in
preventing or minimizing harms from
the breach.
b. Disclosure of Information. Often,
the information to be disclosed to such
persons and entities is maintained by
federal agencies and is subject to the
Privacy Act (title 5 U.S.C. 552a). The
Privacy Act prohibits the disclosure of
any record in a system of records by any
means of communication to any person
or agency absent the written consent of
the subject individual, unless the
disclosure falls within one of twelve
statutory exceptions. In order to ensure
an agency is in the best position to
respond in a timely and effective
manner, in accordance with title 5
U.S.C. 552a(b)(3) of the Privacy Act,
agencies should publish a routine use
for appropriate systems specifically
applying to the disclosure of
information in connection with
response and remedial efforts in the
event of a data breach.
3. Data breach response and remedial
efforts with another Federal agency: VA
may, on its own initiative, disclose
information from this system to another
Federal agency or Federal entity, when
VA determines that information from
this system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
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operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
4. Law Enforcement: VA may, on its
own initiative, disclose information in
this system, except the names and home
addresses of Veterans and their
dependents, which is relevant to a
suspected or reasonably imminent
violation of law, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, to a Federal, state,
local, tribal, or foreign agency charged
with the responsibility of investigating
or prosecuting such violation, or
charged with enforcing or implementing
the statute, regulation, rule or order. On
its own initiative, VA may also disclose
the names and addresses of Veterans
and their dependents to a Federal
agency charged with the responsibility
of investigating or prosecuting civil,
criminal or regulatory violations of law,
or charged with enforcing or
implementing the statute, regulation,
rule or order issued pursuant thereto.
VA must be able to provide on its own
initiative information that pertains to a
violation of laws to law enforcement
authorities in order for them to
investigate and enforce those laws.
Under title 38 U.S.C. 5701(a) and (f), VA
may disclose the names and addresses
of Veterans and their dependents to
Federal entities with law enforcement
responsibilities. This is distinct from the
authority to disclose records in response
to a qualifying request from a law
enforcement entity, as authorized by
Privacy Act subsection title 5 U.S.C.
552a(b)(7).
5. Litigation: VA may disclose
information from this system of records
to the Department of Justice (DoJ), either
on VA’s initiative or in response to DoJ’s
request for the information, after either
VA or DoJ determines that such
information is relevant to DoJ’s
representation of the United States or
any of its components in legal
proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to the DoJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its own initiative, may disclose records
in this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of the records to the
court or administrative body is a use of
the information contained in the records
that is compatible with the purpose for
which VA collected the records.
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To determine whether to disclose
records under this routine use, VA will
comply with the guidance promulgated
by the Office of Management and
Budget in a May 24, 1985, memorandum
entitled ‘‘Privacy Act Guidance—
Update,’’ currently posted at https://
www.whitehouse.gov/sites/
whitehouse.gov/files/omb/assets/OMB/
inforeg/guidance1985.pdf.
VA must be able to provide
information to DoJ in litigation where
the United States or any of its
components is involved or has an
interest. A determination would be
made in each instance that under the
circumstances involved, the purpose is
compatible with the purpose for which
VA collected the information. This
routine use is distinct from the authority
to disclose records in response to a
court order under subsection (b)(11) of
the Privacy Act, title 5 U.S.C. 552(b)(11),
or any other provision of subsection (b),
in accordance with the court’s analysis
in Doe v. DiGenova, 779 F.2d 74, 78–85
(D.C. Cir. 1985) and Doe v. Stephens,
851 F.2d 1457, 1465–67 (D.C. Cir. 1988).
6. Contractors: VA may disclose
information from this system of records
to individuals, organizations, private or
public agencies, or other entities or
individuals with whom VA has a
contract or agreement to perform such
services as VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor,
subcontractor, public or private agency,
or other entity or individual with whom
VA has a contract or agreement to
perform services under the contract or
agreement.
This routine use includes disclosures
by an individual or entity performing
services for VA to any secondary entity
or individual to perform an activity that
is necessary for individuals,
organizations, private or public
agencies, or other entities or individuals
with whom VA has a contract or
agreement to provide the service to VA.
This routine use, which also applies
to agreements that do not qualify as
contracts defined by Federal
procurement laws and regulations, is
consistent with OMB guidance in OMB
Circular A–130, App. I, paragraph
5a(1)(b) that agencies promulgate
routine uses to address disclosure of
Privacy Act-protected information to
contractors in order to perform the
services contracts for the agency.
7. Equal Employment Opportunity
Commission (EEOC): VA may disclose
information from this system to the
EEOC when requested in connection
with investigations of alleged or
possible discriminatory practices,
examination of Federal affirmative
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employment programs, or other
functions of the Commission as
authorized by law or regulation.
VA must be able to provide
information to EEOC to assist it in
fulfilling its duties to protect employees’
rights, as required by statute and
regulation.
8. Federal Labor Relations Authority
(FLRA): VA may disclose information
from this system to the FLRA, including
its General Counsel, information related
to the establishment of jurisdiction,
investigation, and resolution of
allegations of unfair labor practices, or
in connection with the resolution of
exceptions to arbitration awards when a
question of material fact is raised; for it
to address matters properly before the
Federal Services Impasses Panel,
investigate representation petitions, and
conduct or supervise representation
elections.
VA must be able to provide
information to FLRA to comply with the
statutory mandate under which it
operates.
9. Merit Systems Protection Board
(MSPB): VA may disclose information
from this system to the MSPB, or the
Office of the Special Counsel, when
requested in connection with appeals,
special studies of the civil service and
other merit systems, review of rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
and such other functions promulgated
in title 5 U.S.C. 1205 and 1206, or as
authorized by law.
VA must be able to provide
information to MSPB to assist it in
fulfilling its duties as required by statute
and regulation.
10. National Archives and Records
Administration (NARA) and General
Services Administration (GSA): VA may
disclose information from this system to
NARA and GSA in records management
inspections conducted under title 44,
U.S.C.
NARA is responsible for archiving old
records which are no longer actively
used but may be appropriate for
preservation, and for the physical
maintenance of the Federal
government’s records. VA must be able
to provide the records to NARA in order
to determine the proper disposition of
such records.
11. The record of an individual who
is covered by this system or records may
be disclosed to a Member of Congress,
or staff person acting for the member
when, the member or staff person
request the record on behalf of and at
the written request of that individual.
12. Any information in this system
may be disclosed to a Federal agency,
upon its official request, to the extent
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that it is relevant and necessary to that
agency’s decision regarding: The hiring,
retention or transfer of an employee; the
issuance of a security clearance; the
letting of a contract; or the issuance or
continuance of a license, grant or other
benefit given by that agency. However,
in accordance with an agreement with
the U.S. Postal Service, disclosures to
the U.S. Postal Service for decisions
concerning the employment of Veterans
will only be made with the Veteran’s
prior written consent.
13. Any information in this system
may be disclosed to a State or local
agency, upon official request, to the
extent that it is relevant and necessary
to that agency’s decision on: The hiring,
retention or transfer of an employee; the
issuance of a security clearance; the
letting of a contract; or the issuance or
continuance of a license, grant or other
benefit by that agency including
eligibility for unemployment
compensation; provided, that if the
information pertains to a Veteran, the
name and address of the Veteran will
not be disclosed unless the name and
address are provided first by the
requesting State or local agency.
14. VA may disclose on its own
initiative any information in this
system, except the names and home
addresses of individuals, that are
relevant to a suspected violation or
reasonably imminent violation of law,
whether civil, criminal or regulatory in
nature and whether arising by general or
program statue or by regulation, rule or
order issued pursuant thereto, to a
Federal, State, local, tribal, or foreign
agency charged with the responsibility
of investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, rule,
regulation or order.
15. VA may disclose on its own
initiative the names and addresses of
individuals, that are relevant to a
suspected violation or reasonably
imminent violation of law, whether
civil, criminal or regulatory in nature
and whether arising by general or
program statute or by regulation, rule or
order issued pursuant thereto, to a
Federal agency charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statue, regulation, rule or order.
16. The name and address of an
individual, which is relevant to a
suspected violation or reasonably
imminent violation of law concerning
public health or safety, whether civil,
criminal or regulatory in nature an
whether arising by general or program
statute or by regulation, rule or order
issued pursuant thereto, may be
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disclosed to any foreign, State or local
governmental agency or instrumentality
charged under applicable law with the
protection of the public health or safety
if a qualified representative of such
organization, agency or instrumentality
has made a written request that such
name and address be provided for a
purpose authorized by law.
17. The name, address, entitlement
code (e.g., compensation or pension),
period(s) of service, sex, and date(s) of
discharge may be disclosed to any
nonprofit organization if the release is
directly connected with the conduct of
programs and the utilization of benefits
under title 38 U.S.C. Disclosures may be
in the form of a computerized list.
18. Any information in this system,
except for the name and address of an
individual, may be disclosed to a
Federal agency in order for VA to obtain
information relevant to the issuance of
a benefit under title 38 U.S.C. The name
and address of an individual may be
disclosed to a Federal agency under this
routine use if they are required by the
Federal agency to respond to the VA
inquiry.)
19. Any information in this system
may be disclosed in connection with
any proceeding for the collection of an
amount owed to the United States by
virtue of a person’s participation in any
benefit program administered by VA
when in the judgment of the Secretary,
or official generally delegated such
authority under standard agency
delegation of authority rules (38 CFR
2.6), such disclosure is deemed
necessary and proper, in accordance
with title 38 U.S.C. 5701(b)(6).
20. The name and address of an
individual, and other information as is
reasonably necessary to identify such
individual, may be disclosed to a
consumer reporting agency for the
purpose of locating the individual, or
obtaining a consumer report to
determine the ability of the individual
to repay an indebtedness to the United
States arising by virtue of the
individual’s participation in a benefits
program administered by the VA,
provided that the requirements of title
38 U.S.C. 5701(g)(2) have been met.
21. The name and address of an
individual, and other information as is
reasonably necessary to identify such
individual, including personal
information obtained from other Federal
agencies through computer matching
programs, and any information
concerning the individual’s
indebtedness to the United States by
virtue of the person’s participation in a
benefits program administered by VA,
may be disclosed to a consumer
reporting agency for purposes of
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assisting in the collection of such
indebtedness, provided that the
provisions of title 31 U.S.C. 3701–3702
and 3711–3718; and 38 U.S.C.
5701(g)(4) have been met.
22. Any information in this system,
including available identifying
information regarding the debtor, such
as name of debtor, last known address
of debtor, VA insurance number, VA
loan number, VA claim number, place
of birth, date of birth of debtor, name
and address of debtor’s employer or firm
and dates of employment may be
disclosed, under this routine use, except
to consumer reporting agencies, to a
third party in order to obtain current
name, address, locator, and credit report
in connection with any proceeding for
the collection of an amount owed to the
United States by virtue of a person’s
participation in any VA benefit program
when in the judgment of the Secretary
such disclosure is deemed necessary
and proper. This purpose is consistent
with the Federal Claims Collection Act
of 1966 (Pub. L. 89–508, title 31 U.S.C.
951–953 and 4 CFR parts 101–105 and
title 38 U.S.C. 5701(b)(6)).
23. Any information in this system,
including the nature and amount of a
financial obligation, may be disclosed to
a debtor’s employing agency or
commanding officer so that the debtoremployee may be counseled by his or
her Federal employer or commanding
officer and to assist in the collection of
unpaid financial obligations owed VA.
24. Payment information may be
disclosed to the Department of the
Treasury, in accordance with its official
request, to permit delivery of benefit
payments to Veterans or other
beneficiaries.
25. Medical information may be
disclosed in response to a request from
the superintendent of a State hospital
for psychotic patients, a commissioner
or head of a State department of mental
hygiene, or a head of a State, county or
city health department or any fee basis
physician or sharing institution in direct
connection with authorized treatment
for a Veteran, provided the name of the
individual to whom the record pertains
is given and the information will be
treated as confidential, as is customary
in civilian professional medical
practice.
26. The name, address, VA file
number, effective date of compensation
or pension, current and historical
benefit pay amounts for compensation
or pension, service information, date of
birth, competency payment status,
incarceration status, and social security
number of Veterans and their surviving
spouses may be disclosed to the
following agencies upon their official
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request: DoD; Defense Manpower Data
Center; Marine Corps; Department of
Homeland Security; Coast Guard; Public
Health Service; National Oceanic and
Atmospheric Administration and
Commissioned Officer Corps in order
for these departments and agencies and
VA to reconcile the amount and/or
waiver of service, department and
retired pay. These records may also be
disclosed as a part of an ongoing
computer-matching program to
accomplish these purposes. This
purpose is consistent with title 10
U.S.C. 12316, title 38 U.S.C. 5304 and
title 38 U.S.C. 5701.
27. The amount of pension,
compensation, dependency and
indemnity compensation, educational
assistance allowance, retirement pay
and subsistence allowance of any
individual identified to VA may be
disclosed to any person who applies for
such information.
28. Identifying, personal, payment
and medical information may be
disclosed to a Federal, State, or local
government agency at the request of a
Veteran in order to assist the Veteran
and ensure that all of the title 38 U.S.C.
or other benefits to which the Veteran
is entitled are received. This
information may also be disclosed upon
the request from a Federal agency, or to
a State or local agency, provided the
name and address of the Veteran is
given beforehand by the requesting
agency, in order to assist the Veteran in
obtaining a non-title 38 U.S.C. benefit to
which the Veteran is entitled. These
records may also be disclosed as part of
an ongoing computer-matching program
to accomplish this purpose.
29. Any information in this system,
which directly affects payment or
potential payment of benefits to
contesting claimants, including parties
claiming an apportioned share of
benefits, may be coequally disclosed to
each affected claimant upon request
from that claimant in conjunction with
the claim for benefits sought or
received.
30. Any information in this system,
such as identifying information, nature
of a claim, amount of benefit payments,
percentage of disability, income and
medical expense information
maintained by VA which is used to
determine the amount payable to
recipients of VA income-dependent
benefits and personal information, may
be disclosed to the Social Security
Administration (SSA), upon its official
request, in order for that agency to
determine eligibility regarding amounts
of social security benefits, or to verify
other information with respect thereto.
These records may also be disclosed as
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part of an ongoing computer-matching
program to accomplish this purpose.
31. VA may disclose an individual’s
identifying information to an
educational institution, training
establishment, or other entity which
administers programs approved for VA
educational assistance in order to assist
the individual in completing claims
forms, to obtain information necessary
to adjudicate the individual’s claim, or
to monitor the progress of the individual
who is pursuing or intends to pursue
training at the request of the appropriate
institution, training establishment, or
other entity administrating approved
VA educational programs or at the
request of the Veteran.
32. Medical data (excluding the name
and address of a Veteran unless the
name and address are furnished by the
requestor) may be disclosed to
epidemiological and other research
facilities approved by the Under
Secretary for Health to obtain data from
those facilities necessary to assist in
medical studies on Veterans for VA or
for any research purposes determined to
be necessary and proper by the Under
Secretary for Health.
33. The name(s) and address(es) of a
Veteran may be disclosed to another
Federal agency or to a contractor of that
agency, at the written request of the
head of that agency or designee of the
head of that agency for the purpose of
conducting government research
necessary to accomplish a statutory
purpose of that agency.
34. Any information in this system
relevant to a Veteran’s claim such as the
name, address, the basis and nature of
a claim, amount of benefit payment
information, medical information and
military service and active duty
separation information may be disclosed
at the request of the Veteran to
accredited service organizations, VAapproved claims agents and attorneys
acting under a declaration of
representation so that these individuals
can aid Veterans in the preparation,
presentation and prosecution of claims
under the laws administered by VA.
35. Identifying and payment
information may be disclosed, upon the
request of a Federal agency, to a State
or local government agency, to
determine a beneficiary’s eligibility
under programs provided for under
Federal legislation and for which the
requesting Federal agency has
responsibility. These records may also
be disclosed as a part of an ongoing
computer-matching program to
accomplish these purposes. This
purpose is consistent with title 38
U.S.C. 5701.
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36. Any information in this system
such as the amount of benefit or
disability payments and medical
information may be disclosed in the
course of presenting evidence to a court,
magistrate, or administrative authority,
in matters of guardianship, inquests,
and commitments, to private attorneys
representing Veterans rated incompetent
in conjunction with issuance of
Certificates of Incompetency, and to
probation and parole officers in
connection with court-required duties.
37. Any information in this system
including medical information, the basis
and nature of claim, the amount of
benefits and personal information may
be disclosed to a VA Federal fiduciary
or a guardian ad litem in relation to his
or her representation of a Veteran only
to the extent necessary to fulfill the
duties of the VA Federal fiduciary or the
guardian ad litem.
38. Any relevant information
(including changes in disability ratings)
may be disclosed to the DOJ and United
States Attorneys in the defense or
prosecution of litigation involving the
United States, and to Federal agencies
upon their request in connection with
review of administrative tort claims and
potential tort claims filed under the
Federal Tort Claims Act, title 28 U.S.C.
2672, the Military Claims Act, title 10
U.S.C. 2733, and other similar claims
statutes.
39. Any information in this system
including the name, social security
number, date of birth, delimiting date
and remaining entitlement of VA
educational benefits, may be disclosed
to the Department of Education (ED)
upon its official request, or contractor
thereof, for specific use by the ED to
validate information regarding
entitlement to VA benefits which is
submitted by applicants who request
educational assistance grants from the
ED. The ED or contractor thereof will
not use such information for any other
purpose. These records may also be
disclosed as part of an ongoing
computer-matching program to
accomplish this purpose.
40. VA may, at the request of the
individual, disclose identifying
information of an individual who is
pursuing or intends to pursue training at
an educational institution, training
establishment, or other entity which
administers programs approved for VA
educational assistance in order for the
VA to obtain sufficient information
necessary to pay that individual or the
educational or training establishment
the correct monetary amounts in an
expeditious manner. However,
information will not be provided under
this routine use to an educational
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institution, training establishment, or
other entity when the request is clearly
an attempt by that establishment to seek
assistance in collection attempts against
the individual.
41. Identifying information and
information regarding the induction,
reentrance and dismissal of a disabled
Veteran from a vocational rehabilitation
program may be disclosed at the request
of the Veteran to a VA-approved
vocational rehabilitation training
establishment to ensure that the trainee
receives the maximum benefit from
training.
42. Identifying information and
information regarding the extent and
nature of a Veteran’s disabilities with
respect to any limitations to be imposed
on the Veteran’s vocational programs
may be disclosed at the request of the
Veteran to a VA-approved vocational
rehabilitation training establishment to
ensure that the trainee receives the
maximum benefit from training.
43. Information regarding the type
and amount of training/education
received, and the name and address of
a Veteran, may be disclosed at the
request of a Veteran to local and State
agencies and to prospective employers
in order to assist the Veteran in
obtaining employment or further
training.
44. The name, claims file number and
any other information relating to a
Veteran’s or beneficiary’s incarceration
in a penal institution and information
regarding a dependent’s right to a
special apportionment of the
incarcerated individual’s VA benefit
payment may be disclosed to those
dependents who may be eligible for
entitlement to such apportionment in
accordance with title 38 U.S.C. 5313
and § 5307.
45. The name, claims file number and
any other information relating to an
individual who may be incarcerated in
a penal institution may, pursuant to an
arrangement, be disclosed to penal
institutions or to correctional authorities
in order to verify information
concerning the individual’s
incarceration status. The disclosure of
this information is necessary to
determine that individual’s continuing
eligibility as authorized under title 38
U.S.C. 5313, § 5307. These records may
also be disclosed as part of an ongoing
computer-matching program to
accomplish this purpose.
46. Identifying information, except for
the name and address of a Veteran, may
be disclosed to a State agency for the
purpose of conducting a computer
match to determine if income and
employment data are being properly
reported to VA and to detect the
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unwarranted payment of benefits under
title 38 U.S.C.
47. Identifying, disability, and award
(type, amount and reasons for award)
information may be released to the
Department of Labor (DOL) in order for
the DOL to conduct a computer
matching program against the Office of
Workers’ Compensation Programs
Federal Employees Compensation File,
DOL/ESA–13, published in 46 FR 12357
on February 13, 1981. This match will
permit the DOL to verify a person’s
eligibility for DOL payments as well as
to detect situations where recipients
may be erroneously receiving
concurrent multiple payments from the
DOL and VA, to identify areas where
legislative and regulatory amendments
directed toward preventing
overpayments are needed, and to collect
debts owed to the United States
Government. This matching program is
performed pursuant to the DOL
Inspector General’s authority under
Public Law 95–452, section 4(a) to
detect and prevent fraud and abuse.
This disclosure is consistent with title
38 U.S.C. 5701(b)(3).
48. The beneficiary’s name, address,
social security number and the amount
(excluding interest) of any indebtedness
waived under title 38 U.S.C. 5302, or
compromised under 4 CFR part 103 may
be disclosed to the Treasury
Department, Internal Revenue Service
(IRS), as a report of income under title
26 U.S.C. 61(a)(12).
49. Identifying information, including
social security number, except for the
name and address, may be disclosed to
a Federal, State, County or Municipal
agency for the purpose of conducting
computer matches to obtain information
to validate the entitlement of an
individual, who is receiving or has
received Veterans’ benefits under title
10 or title 38 U.S.C. The name and
address of individuals may also be
disclosed to a Federal agency under this
routine use if required by the Federal
agency in order to provide information.
50. Identifying information, including
the initials and abbreviated surname,
the social security number, the date of
birth and coding indicating the category
of the individual’s records, the degree of
disability, the benefit program under
which benefits are being paid and the
computed amount of VA benefits for a
calendar year may be released to the
Department of the Treasury, and IRS, in
order for IRS to conduct a computer
matching program against IRS Forms
1040, Schedule R, Credit for the Elderly
and the Permanently and Totally
Disabled. This match will permit IRS to
determine the eligibility for and the
proper amount of Elderly and Disabled
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Credits claimed on IRS Form 1040,
Schedule R. This matching program is
performed pursuant to the provisions of
Internal Revenue Code Section 7602.
This disclosure is consistent with title
38 U.S.C. 5701(b)(3).
51. Identifying information, such as
name, social security number, VA claim
number, date and place of birth, etc., in
this system may be disclosed to an
employer or school having information
relevant to a claim in order to obtain
information from the employer or
school to the extent necessary to
determine that eligibility for VA
compensation or pension benefits
continues to exist or to verify that there
has been an overpayment of VA
compensation or pension benefits. Any
information in this system also may be
disclosed to any of the above-entitled
individuals or entities as part of ongoing
computer matching programs to
accomplish these purposes.
52. The name of a Veteran, or other
beneficiary, other information as is
reasonably necessary to identify such
individual, and any other information
concerning the individual’s
indebtedness by virtue of a person’s
participation in a benefits program
administered by VA, may be disclosed
to the Treasury Department, IRS, for the
collection of title 38, U.S.C. benefit
overpayments, overdue indebtedness,
and/or costs of services provided to an
individual not entitled to such services,
by the withholding of all or a portion of
the person’s Federal income tax refund.
53. Veterans’ addresses which are
contained in this system of records may
be disclosed to the Defense Manpower
Data Center, upon its official request, for
military recruiting command needs,
DoD civilian personnel offices’
mobilization studies and mobilization
information, debt collection, and
Individual Ready Reserve Units’ locator
services.
54. The name, address, VA file
number, date of birth, date of death,
social security number, and service
information may be disclosed to the
Defense Manpower Data Center. DoD
will use this information to identify
retired Veterans and dependent
members of their families who have
entitlement to DoD benefits but who are
not identified in the Defense Enrollment
Eligibility Reporting System program
and to assist in determining eligibility
for Civilian Health and Medical Program
of the Uniformed Services benefits. This
purpose is consistent with title 38
U.S.C. 5701. These records may also be
disclosed as part of an ongoing
computer-matching program to
accomplish this purpose.
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55. The name, address, VA file
number, social security number, sex of
Veteran, date(s) of birth of the Veteran
and dependents, current benefit pay
amounts for compensation or pension,
pay status, check amount, aid and
attendance status, Veteran and spouse
annual income amounts and type and
combined degree of disability will be
disclosed to the Department of Health
and Human Services. The SSA will use
the data in the administration of the
Supplemental Security Income payment
system as prescribed by Public Law 92–
603. These records may also be
disclosed as part of an ongoing
computer-matching program to
accomplish these purposes. This
purpose is consistent with title 38
U.S.C. 5701.
56. The names and current addresses
of VA beneficiaries who are identified
by finance centers of individual
uniformed services of DoD and the
Department of Homeland Security
(Coast Guard) as responsible for the
payment of Survivor Benefit Plan (SBP)
premium payments to be released from
this system of records to them upon
their official written request for such
information for their use in attempting
to recover amounts owed for SBP
premium payments.
57. This routine use authorizes VA to
compile lists of the social security
numbers and loan account numbers of
all persons with VA-guaranteed and
portfolio loans in default, or VA loans
on which there has been a foreclosure
and the Department paid a claim and
provide these records to HUD for
inclusion in its CAIVRS. Information
included in this system may be
disclosed to all participating agencies
and lenders who participate in the
agencies’ programs to enable them to
verify information provided by new
loan applicants and evaluate the
creditworthiness of applicants. These
records may also be disclosed as part of
an ongoing computer-matching program
to accomplish these purposes.
58. Identifying information including
social security number, abbreviated
surname, first and middle initial, date of
birth, sex and claim number, and
excluding the full name and address,
may be disclosed to the SSA for the
purpose of conducting a computer
match to obtain information to validate
the social security number maintained
in VA records.
59. Any information contained in the
files of Veterans whose claims were
referred to VA Central Office for an
advisory opinion concerning their
claims that their disabilities were
incurred secondary to occupational
radiation exposure may be disclosed to
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the Department of the Navy. The
information to be furnished to the Navy
would include the medical opinions,
dose estimates, advisory opinions, and
rating decisions including Veterans’
names, addresses, VA claim numbers,
social security numbers and medical
information. The requested information
may be disclosed to the Department of
the Navy upon receipt of its official
written request for such information for
its use in the review and assessment of
its occupational radiation exposure
controls and training.
60. A Veteran’s claims file number
and folder location may be disclosed to
a court of proper jurisdiction that has
issued a garnishment order for that
Veteran under title 42 U.S.C. 659
through 660. An individual’s identifying
and payment information may be
disclosed to the educational institution,
training establishment, or other entity
the individual attends (or attended) if
that individual received educational
assistance from VA based on training at
that educational institution, training
establishment, or entity. VA will
disclose this information to assist the
educational institution, training
establishment, or other entity in
verifying the individual’s receipt of VA
educational assistance and to assist the
individual in applying for additional
financial aid (e.g. student loans).
61. The name and address of a
prospective, present, or former
accredited representative, claims agent
or attorney and any information
concerning such individual which is
relevant to a refusal to grant access
privileges to automated Veterans’ claims
records, or a potential or past
suspension or termination of such
access privileges may be disclosed to
the entity employing the individual to
represent Veterans on claims for
Veterans benefits.
62. The name and address of a former
accredited representative, claim agent or
attorney, and any information
concerning such individual, except a
Veteran’s name and home address,
which is relevant to a revocation of such
access privileges may be disclosed to an
appropriate governmental licensing
organization where VA determines that
the individual’s conduct that resulted in
revocation merits reporting.
63. A record from this system (other
than the address of the beneficiary) may
be disclosed to a former representative
of a beneficiary to the extent necessary
to develop and adjudicate a claim for
payment of attorney fees to such
representative from past-due benefits
under title 38 U.S.C. 5904(d) and Public
Law 109–461 or to review a fee
agreement between such representative
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and the beneficiary for reasonableness
under title 38 U.S.C. 5904(c)(2) and
Public Law 109–461.
64. Disclosure of tax returns and
return information received from the
IRS may be made only as provided by
title 26 U.S.C. 6103 (an IRS
confidentiality statute) also covering
any IRS tax return information provided
as part of an ongoing computer
matching program.
65. Where VA determines that there is
good cause to question the legality or
ethical propriety of the conduct of a
person or organization representing a
person in a matter before VA, a record
from this system may be disclosed, on
VA’s initiative, to any or all of the
following: (1) Applicable civil or
criminal law enforcement authorities
and (2) a person or entity responsible for
the licensing, supervision, or
professional discipline of the person or
organization acting as a representative.
Name and home addresses of Veterans
and their dependents will be released
on VA’s initiative under this routine use
only to Federal entities.
66. The name and address of a VA
beneficiary, and other information as is
reasonably necessary to identify such a
beneficiary, who has been adjudicated
as incompetent under 38 CFR 3.353,
may be provided to the Attorney
General of the United States or his/her
designee, for use by the DOJ in the
National Instant Criminal Background
Check System mandated by the Brady
Handgun Violence Prevention Act,
Public Law 103–159.
67. Disclosure may be made to the
National Archives and Records
Administration (NARA) and General
Services Administration in record
management inspections and such other
activities conducted under Authority of
title 44 U.S.C.
68. VA may disclose information from
this system of records to the DOJ, either
on VA’s initiative or in response to
DOJ’s request for the information, after
either VA or DOJ determines that such
information is relevant to DOJ’s
representation of the United States or
any of its components in legal
proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to the DOJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its own initiative, may disclose records
in this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of records to the
court or administrative body is a use of
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the information contained in the records
that is compatible with the purpose for
which VA collected the records.
69. Disclosure of relevant information
may be made to individuals,
organizations, public or private
agencies, or other entities with whom
VA has a contract or agreement or where
there is a subcontract to perform such
services as VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor or
subcontractor to perform the services of
the contract or agreement.
70. Disclosure to other Federal
agencies may be made to assist such
agencies in preventing and detecting
possible fraud, waste, overpayment, or
abuse by individuals in their operations
and programs as well as identifying
areas where legislative and regulatory
amendments directed toward preventing
overpayments. These records may also
be disclosed as part of an ongoing
computer-matching program to
accomplish this purpose.
71. VA may on its own initiative,
disclose any information or records to
appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that the integrity or
confidentiality of information in the
system of records has been
compromised; (2) VA has determined
that as a result of the suspected or
confirmed compromise, there is a risk of
embarrassment or harm to the
reputations of the record subjects, harm
to the economic or property interests,
identity theft or fraud, or harm to the
programs (whether maintained by VA or
another agency or entity) that rely upon
the potentially compromised
information; and (3) the disclosure is to
agencies, entities, or persons whom VA
determines are reasonably necessary to
assist or carry out the VA’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by VA to respond to
a suspected or confirmed data breach,
including the conduct of any risk
analysis or provision of credit
protection services as provided in title
38 U.S.C. 5724, as the terms are defined
in title 38 U.S.C. 5727.
72. VA may disclose information to
other Federal Agencies including, but
not limited to, identifying information,
payment information, and vocational
objectives about a Veteran or
Servicemember who is receiving or has
received benefits under the Vocational
Rehabilitation program to be used in
data analysis and development of
performance measures.
73. Any information contained in this
system may be disclosed by VA, as
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deemed necessary, to DoD for use for
determinations required by DoD. VA
will routinely use the information to
conduct medical evaluations needed to
produce VA disability ratings and to
promulgate subsequent claims for
benefits under title 38 U.S.C.
74. Information in this system
(excluding date of birth, social security
number, and address) relating to the use
of transferred educational assistance
benefits may be coequally disclosed to
the transferor, e.g., the individual from
whom eligibility was derived, and to
each transferee, e.g., the individual
receiving the transferred benefit. The
information disclosed is limited to the
two parties in each transferor-transferee
relationship, as the transferor may have
multiple transferred relationships.
75. The name, address, insurance
account information of an insured
Veteran or member of the uniformed
services, their beneficiary(ies), legal
representatives, or designated payee(s),
and the amount of payment may be
disclosed to the Treasury Department,
upon its official request, in order for the
Treasury Department to make payment
of dividends, policy loans, cash
surrenders, maturing endowments,
insurance refunds, issue checks and
perform check tracer activities for the
veteran or member of the uniformed
services, beneficiary(ies), legal
representative or designated payee(s).
76. The name and address of an
insured Veteran or member of the
uniformed services, date and amount of
payments made to VA, including
specific status of each policy (e.g.,
premiums paid in, dividends paid out,
cash and loan values) may be disclosed
to the Internal Revenue Service (IRS),
upon its official request, in order for the
IRS to collect tax liens by withholding
insurance payments to satisfy unpaid
taxes. This purpose is consistent with
title 26 of the United States Code,
§ 7602.
77. The name, address, social security
number, date of discharge from the
military, medical information
concerning the grounds for total
disability or the nature of an injury or
illness, and dependency or beneficiary
related information of a member of the
uniformed services or Veteran may be
disclosed to the Office of
Servicemembers’ Group Life Insurance
(OSGLI) at the request of a member of
the uniformed services or Veteran in
order to aid OSGLI in the verification of
such information for the purpose of
issuance and maintenance of insurance
policies provided to members of the
uniformed services or Veterans
participating in the Servicemembers’
Group Life Insurance (SGLI) program
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and/or Veterans’ Group Life Insurance
(VGLI) program and to pay insurance
benefits under these programs.
78. The name, address, and other
identifying information such as a social
security number or a military service
number may be disclosed to the
Department of Defense (Army, Air
Force, Navy, Marine Corps); the Coast
Guard of the Department of Homeland
Security; the Commissioned Officers
Corps of the U.S. Public Health Service;
and the Commissioned Officers Corps of
the National Oceanic and Atmospheric
Administration (NOAA) of the
Department of Commerce; this
disclosure may be made upon their
official request, for use in order for these
departments to establish and maintain
allotments from active and retired
service pay for VA insurance premiums
and loan repayments.
79. The face amount and cash and/or
loan value of an insurance policy,
verification of an existing insurance
policy, and the name and address of an
insured Veteran or member of the
uniformed services may be disclosed at
the request of the veteran or member of
the uniformed services to a Federal,
State, or local agency, in order for these
agencies to assist a veteran or member
of the uniformed services applying for
Medicaid, Medicare, nursing home
admittance, welfare benefits, or other
benefits provided by the requesting
agency to the extent that the information
is relevant and necessary to the agency’s
decision regarding benefits.
80. The name and address of a
Veteran or member of the uniformed
services and military service
information (e.g., dates of service,
branch of service) may be disclosed to
the Armed Forces Institute of Pathology
(AFIP), upon its official request, in order
for the AFIP to conduct research for
specified official purposes.
81. Any information in this system
such as notice of renewal,
reinstatement, premium due, lapse
actions, miscellaneous insurance
instructions, disposition of dividends,
policy loans, and transfer of records
may be disclosed to VA fiduciaries,
court-appointed guardians/conservators,
powers of attorney, or military trustees
of incompetent Veterans or members of
the uniformed services in order to
advise VA fiduciaries, court-appointed
guardians/conservators, powers of
attorney, or military trustees of current
actions to be taken in connection with
ownership of U.S. government life
insurance policies and to enable them to
properly perform their duties as
fiduciaries or guardians, powers of
attorney, or military trustees.
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82. Any information in this system of
records may be disclosed, in the course
of presenting evidence in or to a court,
magistrate, administrative tribunal, or
grand jury, including disclosures to
opposing counsel in the course of such
proceedings or in settlement
negotiations.
83. Identifying information, except for
the name and address of a Veteran or
member of the uniformed services, may
be disclosed to a Federal, State, County
or Municipal agency for the purpose of
conducting computer matches to obtain
information to validate the entitlement
of a Veteran or member of the
uniformed services who is receiving or
has received government insurance
benefits under title 38 U.S.C. The name
and address of a Veteran or member of
the uniformed services may also be
disclosed to a Federal agency under this
routine use if they are required by the
Federal agency to respond to the VA
inquiry.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The BDN, Virtual VA, Corporate
WINRS, VETSNET, The Image
Management System (TIMS), Long Term
Solution (LTS) and the VBMS are data
telecommunication terminal systems.
For Compensation and Pension-related
claims, records (or information
contained in records) are no longer
maintained on paper documents in
claims folders (C-folders), but are now
100% digitized and stored in the VBMS
electronic folder (VBMS eFolder). In
2012, VA declared the VBMS eFolder to
be the official record for all
documentation submitted to VA
pursuant to claims for Compensation
and Pension benefits. All paper
documents VA receives pursuant to a
Compensation or Pension claim are
converted to a digital image via VA’s
electronic imaging process and
uploaded into the VBMS eFolder. An
electronically-imaged document in the
VBMS eFolder is the official copy of
record for adjudicating claims for VA
Compensation or Pension benefits.
When VA decision makers adjudicate
claims for Compensation or Pension
benefits, they rely solely on the
electronic image contained in the VBMS
eFolder, irrespective of whether a
document is initially submitted to VA in
electronic or paper format. VA decision
makers do not have access to the
original paper source documents during
the claims adjudication process. Once a
paper source document is electronically
imaged and uploaded into the eFolder,
VA considers the electronic image to be
the official copy of record, while the
physical paper document is reclassified
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as a duplicate copy. All duplicate copies
of the official record are subject to
destruction in accordance with
applicable procedures and laws (please
see the Retention and Disposal section
for further details.)
Vocational Rehabilitation and
Employment (VR&E), and Education
claims are maintained on paper and
electronic folders and on automated
storage media (e.g., microfilm,
microfiche, magnetic tape and disks).
Such information may be accessed
through BDN, VBMS, Corporate WINRS,
TIMS, LTS, and VETSNET terminals.
BDN, Virtual VA, Corporate WINRS,
VETSNET, and VBMS terminal
locations include VA Central Office,
regional offices, VA health care
facilities, Veterans Integrated Service
Network offices, DoD Finance and
Accounting Service Centers and the U.S.
Coast Guard Pay and Personnel Center.
Remote on-line access is also made
available to authorized remote sites,
representatives of claimants and to
attorneys of record for claimants. A VA
claimant must execute a prior written
consent or a power of attorney
authorizing access to his or her claims
records before VA will allow the
representative or attorney to have access
to the claimant’s automated claims
records. Access by representatives and
attorneys of record is to be used solely
for the purpose of assisting an
individual claimant whose records are
accessed in a claim for benefits
administered by VA. Information
relating to receivable accounts owed to
VA, designated the Centralized
Accounts Receivable System (CARS), is
maintained on magnetic tape,
microfiche and microfilm. CARS is
accessed through a data
telecommunications terminal system at
St. Paul, Minnesota.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
File folders, whether paper or
electronic, are indexed by name of the
individual and VA file number.
Automated records are indexed by
name, VA file number, payee name and
type of benefit. Employee productivity
is measured using automated systems.
At the conclusion of a monthly
reporting period, the generated listing is
indexed by employee BDN
identification number. Records in
CAIVRS may only be retrieved by social
security number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
All claims files folders for
Compensation and Pension claims are
electronically imaged and uploaded into
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the VBMS eFolder. Once a file is
electronically imaged and established
by VA as the official record, its paper
contents (with the exception of
documents that are on hold due to
pending litigation, and service treatment
records and other documents that are
the property of DoD), are reclassified as
duplicate—non record keeping—copies
of the official record, and will be
destroyed in accordance with Records
Control Schedule VB–1, Part 1 Section
XIII, Item 13–052.100 as authorized by
NARA. All paper documentation that is
not the property of VA (e.g., DoD-owned
documentation) is currently stored by
VA after scanning, pending a policy
determination as to its final disposition.
All documentation being held pursuant
to active litigation is held in its native
format during the pendency of the
litigation. All VBMS eFolders are stored
on a secure VA server, pending
permanent transfer to NARA where they
will be maintained as historical records.
Prior to destruction of any paper
source documentation reclassified as
duplicate copies, VA engages in a
comprehensive and multi-layered
quality control and validation program
to ensure material that has been
electronically imaged is completely and
accurately uploaded into the VBMS
eFolder. To guarantee the integrity and
completeness of the record, VA engages
in industry-best practices, using state-ofthe-art equipment, random sampling,
independent audit, and 100% VA
review throughout the claims
adjudication process. Historically, VA’s
success rate in ensuring the accuracy
and completeness of the electronic
record routinely and consistently
exceeds 99%. Furthermore, no paper
document is ever destroyed while any
related claim or appeal for VA benefits
is still pending. VA waits 3 years after
the final adjudication of any claim or
appeal before destroying the paper
duplicate copies that have been scanned
into the VBMS eFolder. As noted, the
electronic image of the paper document
is retained indefinitely as a permanent
record either by VA or NARA.
Decisions to destroy VR&E paper
counseling records are to be made in
accordance with Records Control
Schedule (RCS), RCS VB–1, Part I, Field
in Section VII, dated January 31, 2014.
Automated storage media containing
temporary working information are
retained until a claim is decided, and
then destroyed. All other automated
storage media are retained and disposed
of in accordance with disposition
authorization approved by NARA.
Education file folders in paper are
retained at the servicing Regional
Processing Office. Education paper
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folders may be destroyed in accordance
with the times set forth in the VBA
Records Management, Records Control
Schedule VB–1, Part 1, Section VII, as
authorized by NARA.
Employee productivity records are
maintained for two years after which
they are destroyed by shredding or
burning. File information for CAIVRS is
provided to HUD by VA on magnetic
tape. After information from the tapes
has been read into the computer the
tapes are returned to VA for updating.
HUD does not keep separate copies of
the tapes.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
1. Physical Security:
(a) Access to working spaces and
claims folder file storage areas in VA
regional offices and centers is restricted
to VA employees on a need-to-know
basis. Generally, file areas are locked
after normal duty hours and the offices
and centers are protected from outside
access by the Federal Protective Service
or other security personnel. Employee
claims file records and claims file
records of public figures are stored in
separate locked files. Strict control
measures are enforced to ensure that
access to and disclosure from these
claims file records are limited to a needto-know basis. Duplicate paper copies
after imaging are stored in NARAcompliant facilities, pending
destruction.
(b) Access to BDN, Virtual VA,
Corporate WINRS, VETSNET and VBMS
data telecommunication networks are by
authorization controlled by the site
security officer who is responsible for
authorizing access to the BDN, Virtual
VA, VBMS and VETSNET by a
claimant’s representative or attorney
approved for access in accordance with
VA regulations. The site security officer
is responsible for ensuring that the
hardware, software and security
practices of a representative or attorney
satisfy VA security requirements before
granting access. The security
requirements applicable to the access of
automated claims files by VA employees
also apply to the access of automated
claims files by claimants’
representatives or attorneys. The
security officer is assigned
responsibility for privacy-security
measures, especially for review of
violation logs, information logs and
control of password distribution,
including password distribution for
claimants’ representatives.
(c) Access to data processing centers
is generally restricted to center
employees, custodial personnel, Federal
Protective Service and other security
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personnel. Access to computer rooms is
restricted to authorized operational
personnel through electronic locking
devices. All other persons provided
access to computer rooms are escorted.
(d) Employee production records are
identified by the confidential BDN and
VETSNET employee identification
number, and are protected by
management/supervisory personnel
from unauthorized disclosure in the
same manner as other confidential
records maintained by supervisors.
2. BDN, Virtual VA, VETSNET, and
VBMS System Security:
(a) Usage of the BDN, Virtual VA,
Corporate WINRS, VETSNET, and
VBMS systems is protected by the usage
of ‘‘login’’ identification passwords and
authorized function passwords. The
passwords are changed periodically.
These same protections apply to remote
access users.
(b) At the data processing centers,
identification of magnetic tapes and
disks containing data is rigidly enforced
using labeling techniques. Automated
storage media, which are not in use, are
stored in tape libraries, which are
secured in locked rooms. Access to
programs is controlled at three levels:
Programming, auditing and operations.
Access to the data processing centers
where HUD maintains CAIVRS is
generally restricted to center employees
and authorized subcontractors. Access
to computer rooms is restricted to center
employees and authorized operational
personnel through electronic locking
devices. All other persons granted
access to computer rooms are escorted.
Files in CAIVRS use social security
numbers as identifiers. Access to
information files is restricted to
authorized employees of participating
agencies and authorized employees of
lenders who participate in the agencies’
programs. Access is controlled by
agency distribution of passwords.
Information in the system may be
accessed by use of a touch-tone
telephone by authorized agency and
lender employees on a ‘‘need-to-know’’
basis.
Record Access Procedures: Veterans
and authorized parties have a statutory
right to request a copy of or an
amendment to a record in VA’s
possession at any time under the
Freedom of Information Act (FOIA) and
the Privacy Act (PA). VA has a
decentralized system for fulfilling FOIA
and PA requests. The type of
information or records an individual is
seeking will determine the location to
which a request should be submitted.
For records contained within a VA
claims folder (Compensation and
Pension claims), or military service
VerDate Sep<11>2014
17:54 Feb 13, 2019
Jkt 247001
medical records in VA’s possession, the
request will be fulfilled by the VA
Records Management Center.
Authorized requestors should mail or
fax their Privacy Act or FOIA requests
to: Department of Veterans Affairs,
Claims Intake Center, P.O. Box 4444,
Janesville, WI 53547–4444, Fax: 844–
531–7818, DID: 608–373–6690.
For other benefits records maintained
by VA (to include Vocational
Rehabilitation & Employment,
Insurance, Loan Guaranty or Education
Service) submit requests to the FOIA/
Privacy Act Officer at the VA Regional
Office serving the individual’s
jurisdiction. Address locations for the
nearest VA Regional Office are listed at
VA Locations Link. Any individuals
who have questions about access to
records may also call 1–800–327–1000.
CONTESTING RECORD PROCEDURES:
(See Record access procedures above.)
Notification Procedures: Any
individual, who wishes to determine
whether a record is being maintained in
this system under his or her name or
other personal identifier, or wants to
determine the contents of such record,
should submit a written request or
apply in person to the nearest VA
regional office or center. Address
locations are listed at https://
www.va.gov/landing2_locations.htm.
VA employees wishing to inquire
whether the system of records contains
employee productivity information
about themselves should contact their
supervisor at the regional office or
center of employment.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
There is no category of records in this
system that has been identified as
exempt from any section of the Privacy
Act.
HISTORY:
Compensation, Pension, Education,
and Vocational Rehabilitation and
Employment Records-VA (58VA21/22/
28) was published on July 19, 2012 at
77FR42594.
[FR Doc. 2019–02315 Filed 2–13–19; 8:45 am]
BILLING CODE P
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0060]
Agency Information Collection
Activity: Claim for One Sum Payment
Government Life Insurance and Claim
for Monthly Payments Government Life
Insurance
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
Veterans Benefits
Administration, Department of Veterans
Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
revision of a currently approved
collection, and allow 60 days for public
comment in response to the notice. This
notice solicits comments on information
needed to process the beneficiaries
claim for payment of Life Insurance
Policy insurance proceeds. The
information on the form is required by
law, 38 CFR 6.48 and 8.36.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before April 15, 2019.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administrations (20M33), Department
of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420 or
email to nancy.kessinger@va.gov. Please
refer to ‘‘OMB Control No. 2900–0060’’
in any correspondence. During the
comment period, comments may be
viewed online through FDMS.
FOR FURTHER INFORMATION CONTACT:
Danny S. Green at (202) 421–1354.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
SUMMARY:
E:\FR\FM\14FEN1.SGM
14FEN1
Agencies
[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Pages 4138-4150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02315]
[[Page 4138]]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of Modified System of Records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) proposes to modify an
existing system of records, Compensation, Pension, Education, and
Vocational Rehabilitation and Employment Records--VA'' (58VA21/22/28).
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Written comments may be submitted through https://www.regulations.gov/; by mail or hand-delivery to Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202)
273-9026 (not a toll-free number). Comments should indicate that they
are submitted in response to 58VA21/22/28. Copies of comments received
will be available for public inspection in the Office of Regulation
Policy and Management, Room 1063B, between the hours of 8:00 a.m. and
4:30 p.m., Monday through Friday (except holidays). Please call (202)
461-4902 for an appointment. (This is not a toll-free number.) In
addition, comments may be viewed online at https://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Michael F. Palmer, Program Analyst,
Office of Business Process Integration, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington, DC 20420 (336) 251-0392.
SUPPLEMENTARY INFORMATION: This system of records contains information
regarding applicants for and beneficiaries of benefits chiefly
administered by the Veterans Benefits Administration (VBA). This system
is a core system for VBA programs. This system of records does not
directly address health or memorial benefits administered respectively
by the Veterans Health Administration or the National Cemetery
Administration, the other two of the three Administrations within VA.
This system was first published on March 3, 1976, and last amended on
July 19, 2012, to include the addition of the Veterans Benefits
Management System (VBMS) to this existing system of records, the
establishment of the electronic claims folder (e-Folder) as the copy of
record for Veterans claims processing; management, adjudication, and
appeals; and to dispose of paper contents of a claims folder after the
folder is electronically imaged. VBMS is the well-established,
automated, fully electronic, Web-based claims processing system serving
as the cornerstone of VBA's successful transition to paperless claims
processing.
Expanding on the Department of Veterans Affairs System of Records
Notification (SORN) of July 19, 2012, the Department proposes to
reaffirm the establishment of the e-Folder as the official record for
Veterans claims processing, management, adjudication, and appeals, and
proposes the plan to properly dispose of paper duplicate copies and
other physical media after imaging and upload into the e-Folder in
accordance with Records Control Schedule VBA-1 Part 1 Section XIII, as
authorized by the National Archives and Records Administration (NARA).
VA also proposes to begin using the VBMS eFolder as an integrated
benefits repository for records related to VA insurance and loan
guarantee benefits. As such, this SORN has been updated accordingly,
with the most notable changes being an increase to the number of
Routine Uses (we have added Routine Use #2 and Routine Uses #75-83),
and the type/number of Individuals Covered by this System (we have
added Categories of Individuals Covered by this System #15-24). Please
see applicable sections for further details. Complete information
pertaining to the systems of records for the VA Loan Guaranty Program
can be found in the 17VA26 SORN, entitled ``Loan Guaranty Fee Personnel
and Program Participant Records--VA,'' and 55VA26 SORN, entitled ``Loan
Guaranty Home, Condominium and Manufactured Home Loan Applicants
Records, Specially Adapted Housing Applicant Records and Vendee Loan
Applicant Records-VA.'' Complete information pertaining to the systems
of records for VA Insurance can be found in the 36VA29 SORN, entitled
``Veterans and Uniformed Services Personnel Programs of U.S. Government
Life Insurance--VA.'' Lastly, VA is adding internet protocol (IP)
addresses as a type of record maintained in this system.
In 2012, VA partnered with the National Archives and Records
Administration (NARA) to develop, test, and implement a ``smart
scanning'' capability in support of the VBMS initiative. VA then began
electronically imaging and uploading all incoming claims-related
documentation into the VBMS eFolder. VA's current policy is: Once a
paper document is scanned, the original paper source material is
reclassified as a duplicate copy. The duplicate copy is then placed in
storage at great taxpayer expense, and is not used in the claims
adjudication process. The VBMS eFolder and the electronic images it
contains are considered the official record, and are the exclusive
means by which VA Decision Makers review claims-related documentation
when processing a claim for Compensation or Pension benefits. The paper
duplicate copies are not reviewed during the claims adjudication
process; however, the mere storage of the paper duplicate copies has
cost taxpayers in excess of $24 million to date. As VA's paperless
modernization continues to expand, the cost of continued storage of all
paper duplicate information is expected to exceed $500 million over the
next ten years. Given the enormous expense of storing the paper
duplicates compared to the minimal benefit conferred to Veterans, VA
does not believe it can justify the cost of continuing to store paper
duplicates. As such, VA is proposing that, after an extensive quality
review and validation process to ensure completeness and accuracy of
the electronic record, and a 3-year waiting period to ensure that all
related claims and appeals have been completely and finally
adjudicated, VA will dispose of paper duplicates in accordance with
applicable laws and procedures. VA will continue to maintain the
electronic images indefinitely as a permanent record.
We are adding Data breach response and remedial efforts to this
SORN. VA may disclose information from this system to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, VA (including its information
systems, programs, and operations), and (3) the Federal Government, or
national security; and the disclosure made to such agencies, entities,
and persons is
[[Page 4139]]
reasonably necessary to assist in connection with VA's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
This routine use permits disclosures by the Department to respond
to a suspected or confirmed data breach, including the conduct of any
risk analysis or provision of credit protection services as provided in
38 U.S.C. 5724.
A federal agency's ability to respond quickly and effectively in
the event of a breach of federal data is critical to its efforts to
prevent or minimize any consequent harm. An effective response
necessitates disclosure of information regarding the breach to those
individuals affected by it, as well as to persons and entities in a
position to cooperate, either by assisting in notification to affected
individuals or playing a role in preventing or minimizing harms from
the breach.
Often, the information to be disclosed to such persons and entities
is maintained by federal agencies and is subject to the Privacy Act (5
U.S.C. 552a). The Privacy Act prohibits the disclosure of any record in
a system of records by any means of communication to any person or
agency absent the written consent of the subject individual, unless the
disclosure falls within one of twelve statutory exceptions. In order to
ensure an agency is in the best position to respond in a timely and
effective manner, in accordance with 5 U.S.C. 552a(b)(3) of the Privacy
Act, agencies should publish a routine use for appropriate systems
specifically applying to the disclosure of information in connection
with response and remedial efforts in the event of a data breach.
VA may disclose information from this system to another Federal
agency or Federal entity, when VA determines that information from this
system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
The narrative statement and an advance copy of the proposed changes
have been sent to the appropriate Congressional committees and to the
Director of the Office of Management and Budget (OMB) as required by
title 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65
FR 77677), December 12, 2000.
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. James B.
Ford, Acting Executive Director, Privacy, Office of Quality, Privacy
and Risk, Office of Information and Technology, approved this document
on June 27, 2018 for publication.
Dated: February 11, 2019.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
System Name and Number
Compensation, Pension, Education, and Vocational Rehabilitation and
Employment Records--VA (58VA21/22/28)
Security Classification:
This is an unclassified system.
System Location:
Records are maintained at VA regional offices, VA centers, the VA
Records Management Center (RMC), St. Louis, Missouri, the Data
Processing Center at Hines, Illinois, the Corporate Franchise Data
Center in Austin, Texas, the VA Insurance Center and the Information
Technology Center at Philadelphia, Pennsylvania, and Terremark
Worldwide, Inc., Federal Hosting Facilities in Culpepper, Virginia, and
Miami, Florida. Active educational assistance records are generally
maintained at the regional processing office having jurisdiction over
the educational institution, training establishment, or other entity
where the claimant pursues or intends to pursue training.
The automated individual employee productivity records are
temporarily maintained at the VA data processing facility serving the
office in which the employee is located. Records provided to the
Department of Housing and Urban Development (HUD) for inclusion on its
Credit Alert Interactive Voice Response System (CAIVRS) are located at
a data processing center under contract to HUD at Lanham, Maryland.
Address locations of VA facilities are listed at: https://www.va.gov/landing2_locations.htm.
System Manager(s):
Director, Compensation Service (21C), 810 Vermont Avenue NW, VA
Central Office, Washington, DC 20420.
Director, Pension and Fiduciary Service (21PF), 810 Vermont Avenue
NW, VA Central Office, Washington, DC 20420.
Director, Education Service (22), 810 Vermont Avenue NW, VA Central
Office, Washington, DC 20420.
Director, Vocational Rehabilitation and Employment Service (28),
810 Vermont Avenue NW, VA Central Office, Washington, DC 20420.
Authority for Maintenance of the System:
Title 10 U.S.C. chapters 106a, 510, 1606 and 1607 and title 38,
U.S.C., Sec. 501(a) and Chapters 3, 11, 13, 15, 18, 19, 21, 23, 30,
31, 32, 33, 34, 35, 36, 37, 39, 51, 53, 55 and 77. Title 5 U.S.C. 5514.
Purpose(s) of the System:
VA gathers or creates these records in order to enable it to
administer statutory benefits programs to Veterans, Servicemembers,
Reservists, and their spouses, surviving spouses, and dependents, who
file claims for a wide variety of Federal Veteran's benefits
administered by VA. See the statutory provisions cited in ``Authority
for maintenance of the system.''
Categories of Individuals Covered by the System:
The following categories of individuals are covered by this system.
1. Veterans who have applied for compensation for service-connected
disability under title 38 U.S.C. chapter 11.
2. Veterans who have applied for nonservice-connected disability
under title 38 U.S.C. chapter 15.
3. Veterans entitled to burial benefits under title 38 U.S.C.
chapter 23.
4. Surviving spouses and children who have claimed pension based on
nonservice-connected death of a Veteran under title 38 U.S.C. chapter
15.
5. Surviving spouses and children who have claimed death
compensation based on service-connected death of a Veteran under title
38 U.S.C. chapter 11.
6. Surviving spouses and children who have claimed dependency and
indemnity compensation for service-connected death of a Veteran under
title 38 U.S.C. chapter 13.
7. Parents who have applied for death compensation based on
service-connected death of a Veteran under title 38 U.S.C. chapter 11.
8. Parents who have applied for dependency and indemnity
compensation for service-connected
[[Page 4140]]
death of a Veteran under title 38 U.S.C. chapter 13.
9. Individuals who applied for educational assistance benefits
administered by VA under title 38 U.S.C.
10. Individuals who applied for educational assistance benefits
maintained by the Department of Defense (DoD) under title 10 U.S.C.
that are administered by VA.
11. Veterans who apply for training and employers who apply for
approval of their programs under the provisions of the Emergency
Veterans' Job Training Act of 1983, Public Law 98-77.
12. Any VA employee who generates or finalizes adjudicative actions
using the Benefits Delivery Network (BDN), the Veterans Service Network
(VETSNET), or Veterans Benefits Management System (VBMS) computer
processing systems.
13. Veterans who apply for training and employers who apply for
approval of their programs under the provisions of the Service Members
Occupational Conversion and Training Act of 1992, Public Law 102-484.
14. Representatives of individuals covered by the system.
15. Fee personnel who may be paid by the VA or by someone other
than the VA (e.g., appraisers, compliance inspectors, management
brokers, loan closing and fee attorneys who are not VA employees but
are paid for actual case work performed).
16. Program participants (e.g., property management brokers and
agents, real estate sales brokers and agents, participating lenders and
their employees, title companies whose fees are paid by someone other
than the VA, and manufactured home dealers, manufacturers, and
manufactured home park or subdivision owners).
17. Disabled veterans who have applied for and received specially
adapted housing assistance under title 38, U.S.C. chapter 21;
18. Veterans, their spouses or unmarried surviving spouses who have
applied for and received VA housing credit assistance under title 38,
U.S.C., chapter 37;
19. Person(s) applying to purchase VA owned properties (vendee
loans);
20. Transferee owners of properties encumbered by a VA-guaranteed,
insured, direct or vendee loan (e.g., individuals who have assumed a
VA-guaranteed loan and those who have purchased property directly from
the VA);
21. Individuals other than those previously identified who may have
applied for loan guarantee benefits.
22. Veterans (not including dependents) and members of the
uniformed services (including dependents) who have applied for and/or
have been issued government life insurance.
23. Beneficiaries of government life insurance entitled to or in
receipt of insurance proceeds.
24. Attorneys drawing fees for aiding in settlement of VA insurance
claims. The individuals noted above are covered by this system based on
applications, claims, and notices of eligibility for the following
government life insurance programs provided in title 38 U.S.C. chapters
19 and 21:
(1) U.S. Government Life Insurance (USGLI) under Section 1942.
(2) National Service Life Insurance (NSLI) under Section 1904.
(3) Veterans' Special Life Insurance (VSLI) under Section 1923.
(4) Veterans' Reopened Insurance (VRI) under Section 1925.
(5) Service-Disabled Veterans Insurance (S-DVI) under Section 1922
and 1922A.
(6) Veterans' Mortgage Life Insurance (VMLI) under Section 2106.
(7) Servicemembers' Group Life Insurance (SGLI), including Family
Servicemembers' Group Life Insurance (FSGLI), Veterans' Group Life
Insurance (VGLI), and Servicemembers' Group Life Insurance Traumatic
Injury Protection (TSGLI) under Sections 1967 through 1980A.
Categories of Records in the System:
The record, or information contained in the record, may include
identifying information (e.g., name, address, social security number);
military service and active duty separation information (e.g., name,
service number, date of birth, rank, sex, total amount of active
service, branch of service, character of service, pay grade, assigned
separation reason, service period, whether Veteran was discharged with
a disability, reenlisted, received a Purple Heart or other military
decoration); payment information (e.g., Veteran payee name, address,
dollar amount of readjustment service pay, amount of disability or
pension payments, number of nonpay days, any amount of indebtedness
(accounts receivable) arising from title 38 U.S.C. benefits and which
are owed to the VA); medical information (e.g., medical and dental
treatment in the Armed Forces including type of service-connected
disability, medical facilities, or medical or dental treatment by VA
health care personnel or received from private hospitals and health
care personnel relating to a claim for VA disability benefits or
medical or dental treatment); personal information (e.g., marital
status, name and address of dependents, internet protocol addresses,
occupation, amount of education of a Veteran or a dependent,
dependent's relationship to Veteran); education benefit information
(e.g., information arising from utilization of training benefits such
as a Veteran trainee's induction, reentrance or dismissal from a
program or progress and attendance in an education or training
program); applications for compensation, pension, education and
vocational rehabilitation benefits and training which may contain
identifying information, military service and active duty separation
information, payment information, medical and dental information,
personal and education benefit information relating to a Veteran or
beneficiary's incarceration in a penal institution (e.g., name of
incarcerated Veteran or beneficiary, claims file number, name and
address of penal institution, date of commitment, type of offense,
scheduled release date, Veteran's date of birth, beneficiary
relationship to Veteran and whether Veteran or beneficiary is in a work
release or half-way house program, on parole or has been released from
incarceration).
The VA employee's BDN, VETSNET or VBMS identification numbers, the
number and kind of actions generated and/or finalized by each such
employee, the compilation of cases returned for each employee.
Records (or information contained in records) may also include:
Applications for certificates of eligibility (these applications
generally contain information from a veteran's military service records
except for character of discharge); applications for FHA Veterans' low-
down payment loans (these applications generally contain information
from a Veteran's military service records including whether or not a
veteran is in the service); applications for a guaranteed or direct
loan, applications for release of liability, applications for
substitutions of VA entitlement and applications for specially adapted
housing (these applications generally contain information relating to
employment, income, credit, personal data; e.g., social security
number, marital status, number and identity of dependents; assets and
liabilities at financial institutions, profitability data concerning
business of self-employed individuals, information relating to an
individual Veteran's loan account and payment history on a VA-
guaranteed, direct, or vendee loan on an acquired property, medical
information when specially adapted housing is sought, and information
regarding
[[Page 4141]]
whether a Veteran owes a debt to the United States) and may be
accompanied by other supporting documents which contain the above
information; applications for the purchase of a VA acquired property
(e.g., vendee loans--these applications generally contain personal and
business information on a prospective purchaser such as social security
number, credit, income, employment history, payment history, business
references, personal information and other financial obligations and
may be accompanied by other supporting documents which contain the
above information); loan instruments including deeds, notes,
installment sales contracts, and mortgages; property management
information; e.g., condition and value of property, inspection reports,
certificates of reasonable value, correspondence and other information
regarding the condition of the property (occupied, vandalized), and a
legal description of the property; information regarding VA loan
servicing activities regarding default, repossession and foreclosure
procedures, assumability of loans, payment of taxes and insurance,
filing of judgments (liens) with State or local authorities and other
related matters in connection with active and/or foreclosed loans;
information regarding the status of a loan (e.g., approved, pending or
rejected by the VA); Applications by individuals to become VA-approved
fee basis appraisers, compliance inspector, fee attorneys, or
management brokers. These applications include information concerning
applicant's name, address, business phone numbers, social security
numbers or taxpayer identification number, and professional
qualifications; applications by non-supervised lenders for approval to
close guaranteed loans without the prior approval of VA
(automatically); applications by lenders supervised by Federal or State
agencies for designation as supervised automatic lenders in order that
they may close loans without the prior approval (automatically) of the
VA; applications for automatic approval or designation contain
information concerning the corporate structure of the lender,
professional qualifications of the lender's officers or employees,
financial data such as profit and loss statements and balance sheets to
insure the firm's financial integrity; identifying information such as
names, business names (if applicable), addresses, phone numbers and
professional resumes of corporate officials or employees; corporate
structure information on prior approval lenders, participating real
estate sales brokers or agents, developers, builders, investors,
closing attorneys or other program participants as necessary to carry
out the functions of the Loan Guaranty Program; records of performance
concerning appraisers, compliance inspectors, management brokers, or
fee attorneys on both firms and individual employees; records of
performance including disciplinary proceedings, concerning program
participants; e.g., lenders, investors, real estate brokers, builders,
fee appraisers, compliance inspectors and developers both as to the
firm and to individual employees maintained on an as-needed basis to
carry out the functions of the Loan Guaranty program; National Control
Lists which identify suspended real estate brokers and agents, lenders
and their employees, investors, manufactured home dealers and
manufacturers, and builders or developers; and a master record of the
National Control List (e.g., Master Control List) which includes
information regarding parties previously suspended but currently
reinstated to participation in the Loan Guaranty program in addition to
all parties currently suspended.
Life insurance records (or information contained in records) may
consist of:
1. Applications for insurance, including the name and address of
the Veteran or member of the uniformed services, email address, phone
number, correspondence to and from the veteran or member of the
uniformed services or their legal representatives, date of birth,
social security number, military service number, dates of service,
military ranking, character of discharge, VA file number, plan or type
of insurance, disability rating, medical information regarding
disability and health history, method of payment, amount of insurance
coverage requested, and bank routing and account numbers. Applications
for Veterans' Mortgage Life Insurance (VMLI), including supporting
mortgage documents, contain the address of the mortgaged property, name
and address of the mortgagor, the mortgage account number, the rate of
interest, the original amount of the mortgage, and the current amount
of the mortgage, the monthly payment amount, the mortgage payment
period, and VA Specially Adapted Grant Cards (which contain the
Veteran's or uniformed services member's name, address, dates of
military service, branch of service, method of separation, whether the
Veteran or member of the uniformed services has VMLI, the name and
address of the lender, the legal description and property address,
improvements to such property, date applied for disability
compensation, date of initial application submission, grant
information, amount of the grant approved or whether the grant was
denied or canceled).
2. Beneficiary and option designation information, including the
names and addresses of principal and contingent beneficiaries,
beneficiary social security number, share amount to each beneficiary,
the method of payment, and the designated estate(s) and trust(s).
3. Insurance contract information, including: (a) Authorization of
allotment payment; (b) authorization for deduction from VA benefit
payments; (c) authorization for deduction from military retired pay;
(d) authorization for deduction from employee payroll; (e) paid
dividend information; (f) claims for disability or death payments; (g)
cash value, policy loan, and lien information; (h) a listing of lapsed
actions and unpaid insurance proceeds; (i) payment vouchers; (j)
reinstatement information; (k) premium records status, and retired
status of the policy; (l) court-martial orders; (m) copies of personal
papers of the insured, including birth certificate, marriage license,
divorce decree, citizen or naturalization papers, death certificate,
adoption decree, and family support documents; (n) correspondence to
and from the Veteran, member of the uniformed services, legal
representative and payee; (o) employment information; (p) returned
check and check tracer information; (q) court documents; and (r)
insurance death claims settlement information, including indebtedness,
interest, and other credits.
4. Records of checks withheld from delivery to certain foreign
countries.
5. Index of payees, including CO index cards and premium record
cards.
6. Disability Outreach Tracking System (DOTS) records stored in the
Veterans Insurance Claims Tracking and Response System (VICTARS)
including the Veteran's or uniformed services member's name, address,
phone number, and disability status.
7. Policy information and access history from the VA Insurance
website self-service-portal stored in VICTARS, which includes the name
of the insured, file number, policy number, address, phone number,
email address, loan status, including loan amount requested, denied, or
pending, the date of request for information, loan history, policy
changes, dividend option changes, and VA Insurance website pages
accessed.
8. Information from the VA Insurance website, which provides access
to Veterans for completion of an application for Service-Disabled
Veterans Insurance (S-DVI), which
[[Page 4142]]
includes the Veteran's name, address, social security number, date of
birth, phone number, medical history, email address, and beneficiary
information, such as the beneficiary's name, address, and social
security number.
Record Source Categories:
Veterans, Servicemembers, Reservists, spouses, surviving spouses,
dependents and other beneficiaries of the Veteran, accredited service
organizations and other VA-approved representatives of the Veteran, VA-
supervised fiduciaries (e.g., VA Federal fiduciaries, court-appointed
fiduciaries), military service departments, VA medical facilities and
physicians, private medical facilities and physicians, education and
rehabilitation training establishments, State and local agencies, other
Federal agencies including the Department of Defense (DoD), Social
Security Administration (SSA); U.S. Treasury Department, State, local,
and county courts and clerks, Federal, State, and local penal
institutions and correctional facilities, other third parties and other
VA records, Office of Servicemembers' Group Life Insurance (OSGLI);
commercial insurance companies; undertakers; lending institutions
holding a veteran's or uniformed services member's mortgage; VA Loan
Guaranty records; contractors remodeling or enlarging or adding
construction to existing homes; relatives and other interested persons;
Westlaw and InfoUSA; Inquiry Routing & Information System (IRIS)
(maintained under System of Records ``151VA005N'' by the Office of
Information &Technology), brokers and builder/sellers, credit and
financial reporting agencies, an applicant's credit sources, depository
institutions and employers, independent auditors and accountants,
hazard insurance companies, taxing authorities, title companies, fee
personnel, business and professional organizations, the general public,
and other parties of interest involving VA-guaranteed, insured, vendee
or direct loans or specially adapted housing.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
1. Congress: VA may disclose information from the record of an
individual in response to an inquiry from the congressional office made
at the request of that individual.
VA must be able to provide information about individuals to
adequately respond to inquiries from Members of Congress at the request
of constituents who have sought their assistance.
2. Data breach response and remedial efforts: VA may, on its own
initiative, disclose information from this system to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, VA (including its information
systems, programs, and operations), the Federal Government, or national
security; and the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
a. Effective Response. A federal agency's ability to respond
quickly and effectively in the event of a breach of federal data is
critical to its efforts to prevent or minimize any consequent harm. An
effective response necessitates disclosure of information regarding the
breach to those individuals affected by it, as well as to persons and
entities in a position to cooperate, either by assisting in
notification to affected individuals or playing a role in preventing or
minimizing harms from the breach.
b. Disclosure of Information. Often, the information to be
disclosed to such persons and entities is maintained by federal
agencies and is subject to the Privacy Act (title 5 U.S.C. 552a). The
Privacy Act prohibits the disclosure of any record in a system of
records by any means of communication to any person or agency absent
the written consent of the subject individual, unless the disclosure
falls within one of twelve statutory exceptions. In order to ensure an
agency is in the best position to respond in a timely and effective
manner, in accordance with title 5 U.S.C. 552a(b)(3) of the Privacy
Act, agencies should publish a routine use for appropriate systems
specifically applying to the disclosure of information in connection
with response and remedial efforts in the event of a data breach.
3. Data breach response and remedial efforts with another Federal
agency: VA may, on its own initiative, disclose information from this
system to another Federal agency or Federal entity, when VA determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
4. Law Enforcement: VA may, on its own initiative, disclose
information in this system, except the names and home addresses of
Veterans and their dependents, which is relevant to a suspected or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program statute
or by regulation, rule or order issued pursuant thereto, to a Federal,
state, local, tribal, or foreign agency charged with the responsibility
of investigating or prosecuting such violation, or charged with
enforcing or implementing the statute, regulation, rule or order. On
its own initiative, VA may also disclose the names and addresses of
Veterans and their dependents to a Federal agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or implementing
the statute, regulation, rule or order issued pursuant thereto.
VA must be able to provide on its own initiative information that
pertains to a violation of laws to law enforcement authorities in order
for them to investigate and enforce those laws. Under title 38 U.S.C.
5701(a) and (f), VA may disclose the names and addresses of Veterans
and their dependents to Federal entities with law enforcement
responsibilities. This is distinct from the authority to disclose
records in response to a qualifying request from a law enforcement
entity, as authorized by Privacy Act subsection title 5 U.S.C.
552a(b)(7).
5. Litigation: VA may disclose information from this system of
records to the Department of Justice (DoJ), either on VA's initiative
or in response to DoJ's request for the information, after either VA or
DoJ determines that such information is relevant to DoJ's
representation of the United States or any of its components in legal
proceedings before a court or adjudicative body, provided that, in each
case, the agency also determines prior to disclosure that release of
the records to the DoJ is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records. VA, on its own initiative, may disclose records in this system
of records in legal proceedings before a court or administrative body
after determining that the disclosure of the records to the court or
administrative body is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records.
[[Page 4143]]
To determine whether to disclose records under this routine use, VA
will comply with the guidance promulgated by the Office of Management
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act
Guidance--Update,'' currently posted at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/guidance1985.pdf.
VA must be able to provide information to DoJ in litigation where
the United States or any of its components is involved or has an
interest. A determination would be made in each instance that under the
circumstances involved, the purpose is compatible with the purpose for
which VA collected the information. This routine use is distinct from
the authority to disclose records in response to a court order under
subsection (b)(11) of the Privacy Act, title 5 U.S.C. 552(b)(11), or
any other provision of subsection (b), in accordance with the court's
analysis in Doe v. DiGenova, 779 F.2d 74, 78-85 (D.C. Cir. 1985) and
Doe v. Stephens, 851 F.2d 1457, 1465-67 (D.C. Cir. 1988).
6. Contractors: VA may disclose information from this system of
records to individuals, organizations, private or public agencies, or
other entities or individuals with whom VA has a contract or agreement
to perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor, subcontractor,
public or private agency, or other entity or individual with whom VA
has a contract or agreement to perform services under the contract or
agreement.
This routine use includes disclosures by an individual or entity
performing services for VA to any secondary entity or individual to
perform an activity that is necessary for individuals, organizations,
private or public agencies, or other entities or individuals with whom
VA has a contract or agreement to provide the service to VA.
This routine use, which also applies to agreements that do not
qualify as contracts defined by Federal procurement laws and
regulations, is consistent with OMB guidance in OMB Circular A-130,
App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to
address disclosure of Privacy Act-protected information to contractors
in order to perform the services contracts for the agency.
7. Equal Employment Opportunity Commission (EEOC): VA may disclose
information from this system to the EEOC when requested in connection
with investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or other
functions of the Commission as authorized by law or regulation.
VA must be able to provide information to EEOC to assist it in
fulfilling its duties to protect employees' rights, as required by
statute and regulation.
8. Federal Labor Relations Authority (FLRA): VA may disclose
information from this system to the FLRA, including its General
Counsel, information related to the establishment of jurisdiction,
investigation, and resolution of allegations of unfair labor practices,
or in connection with the resolution of exceptions to arbitration
awards when a question of material fact is raised; for it to address
matters properly before the Federal Services Impasses Panel,
investigate representation petitions, and conduct or supervise
representation elections.
VA must be able to provide information to FLRA to comply with the
statutory mandate under which it operates.
9. Merit Systems Protection Board (MSPB): VA may disclose
information from this system to the MSPB, or the Office of the Special
Counsel, when requested in connection with appeals, special studies of
the civil service and other merit systems, review of rules and
regulations, investigation of alleged or possible prohibited personnel
practices, and such other functions promulgated in title 5 U.S.C. 1205
and 1206, or as authorized by law.
VA must be able to provide information to MSPB to assist it in
fulfilling its duties as required by statute and regulation.
10. National Archives and Records Administration (NARA) and General
Services Administration (GSA): VA may disclose information from this
system to NARA and GSA in records management inspections conducted
under title 44, U.S.C.
NARA is responsible for archiving old records which are no longer
actively used but may be appropriate for preservation, and for the
physical maintenance of the Federal government's records. VA must be
able to provide the records to NARA in order to determine the proper
disposition of such records.
11. The record of an individual who is covered by this system or
records may be disclosed to a Member of Congress, or staff person
acting for the member when, the member or staff person request the
record on behalf of and at the written request of that individual.
12. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance; the letting of a contract; or the issuance or continuance of
a license, grant or other benefit given by that agency. However, in
accordance with an agreement with the U.S. Postal Service, disclosures
to the U.S. Postal Service for decisions concerning the employment of
Veterans will only be made with the Veteran's prior written consent.
13. Any information in this system may be disclosed to a State or
local agency, upon official request, to the extent that it is relevant
and necessary to that agency's decision on: The hiring, retention or
transfer of an employee; the issuance of a security clearance; the
letting of a contract; or the issuance or continuance of a license,
grant or other benefit by that agency including eligibility for
unemployment compensation; provided, that if the information pertains
to a Veteran, the name and address of the Veteran will not be disclosed
unless the name and address are provided first by the requesting State
or local agency.
14. VA may disclose on its own initiative any information in this
system, except the names and home addresses of individuals, that are
relevant to a suspected violation or reasonably imminent violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general or program statue or by regulation, rule or order
issued pursuant thereto, to a Federal, State, local, tribal, or foreign
agency charged with the responsibility of investigating or prosecuting
such violation, or charged with enforcing or implementing the statute,
rule, regulation or order.
15. VA may disclose on its own initiative the names and addresses
of individuals, that are relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program statute
or by regulation, rule or order issued pursuant thereto, to a Federal
agency charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing the statue,
regulation, rule or order.
16. The name and address of an individual, which is relevant to a
suspected violation or reasonably imminent violation of law concerning
public health or safety, whether civil, criminal or regulatory in
nature an whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be
[[Page 4144]]
disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of the
public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request that
such name and address be provided for a purpose authorized by law.
17. The name, address, entitlement code (e.g., compensation or
pension), period(s) of service, sex, and date(s) of discharge may be
disclosed to any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of benefits
under title 38 U.S.C. Disclosures may be in the form of a computerized
list.
18. Any information in this system, except for the name and address
of an individual, may be disclosed to a Federal agency in order for VA
to obtain information relevant to the issuance of a benefit under title
38 U.S.C. The name and address of an individual may be disclosed to a
Federal agency under this routine use if they are required by the
Federal agency to respond to the VA inquiry.)
19. Any information in this system may be disclosed in connection
with any proceeding for the collection of an amount owed to the United
States by virtue of a person's participation in any benefit program
administered by VA when in the judgment of the Secretary, or official
generally delegated such authority under standard agency delegation of
authority rules (38 CFR 2.6), such disclosure is deemed necessary and
proper, in accordance with title 38 U.S.C. 5701(b)(6).
20. The name and address of an individual, and other information as
is reasonably necessary to identify such individual, may be disclosed
to a consumer reporting agency for the purpose of locating the
individual, or obtaining a consumer report to determine the ability of
the individual to repay an indebtedness to the United States arising by
virtue of the individual's participation in a benefits program
administered by the VA, provided that the requirements of title 38
U.S.C. 5701(g)(2) have been met.
21. The name and address of an individual, and other information as
is reasonably necessary to identify such individual, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning the individual's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by VA, may be
disclosed to a consumer reporting agency for purposes of assisting in
the collection of such indebtedness, provided that the provisions of
title 31 U.S.C. 3701-3702 and 3711-3718; and 38 U.S.C. 5701(g)(4) have
been met.
22. Any information in this system, including available identifying
information regarding the debtor, such as name of debtor, last known
address of debtor, VA insurance number, VA loan number, VA claim
number, place of birth, date of birth of debtor, name and address of
debtor's employer or firm and dates of employment may be disclosed,
under this routine use, except to consumer reporting agencies, to a
third party in order to obtain current name, address, locator, and
credit report in connection with any proceeding for the collection of
an amount owed to the United States by virtue of a person's
participation in any VA benefit program when in the judgment of the
Secretary such disclosure is deemed necessary and proper. This purpose
is consistent with the Federal Claims Collection Act of 1966 (Pub. L.
89-508, title 31 U.S.C. 951-953 and 4 CFR parts 101-105 and title 38
U.S.C. 5701(b)(6)).
23. Any information in this system, including the nature and amount
of a financial obligation, may be disclosed to a debtor's employing
agency or commanding officer so that the debtor-employee may be
counseled by his or her Federal employer or commanding officer and to
assist in the collection of unpaid financial obligations owed VA.
24. Payment information may be disclosed to the Department of the
Treasury, in accordance with its official request, to permit delivery
of benefit payments to Veterans or other beneficiaries.
25. Medical information may be disclosed in response to a request
from the superintendent of a State hospital for psychotic patients, a
commissioner or head of a State department of mental hygiene, or a head
of a State, county or city health department or any fee basis physician
or sharing institution in direct connection with authorized treatment
for a Veteran, provided the name of the individual to whom the record
pertains is given and the information will be treated as confidential,
as is customary in civilian professional medical practice.
26. The name, address, VA file number, effective date of
compensation or pension, current and historical benefit pay amounts for
compensation or pension, service information, date of birth, competency
payment status, incarceration status, and social security number of
Veterans and their surviving spouses may be disclosed to the following
agencies upon their official request: DoD; Defense Manpower Data
Center; Marine Corps; Department of Homeland Security; Coast Guard;
Public Health Service; National Oceanic and Atmospheric Administration
and Commissioned Officer Corps in order for these departments and
agencies and VA to reconcile the amount and/or waiver of service,
department and retired pay. These records may also be disclosed as a
part of an ongoing computer-matching program to accomplish these
purposes. This purpose is consistent with title 10 U.S.C. 12316, title
38 U.S.C. 5304 and title 38 U.S.C. 5701.
27. The amount of pension, compensation, dependency and indemnity
compensation, educational assistance allowance, retirement pay and
subsistence allowance of any individual identified to VA may be
disclosed to any person who applies for such information.
28. Identifying, personal, payment and medical information may be
disclosed to a Federal, State, or local government agency at the
request of a Veteran in order to assist the Veteran and ensure that all
of the title 38 U.S.C. or other benefits to which the Veteran is
entitled are received. This information may also be disclosed upon the
request from a Federal agency, or to a State or local agency, provided
the name and address of the Veteran is given beforehand by the
requesting agency, in order to assist the Veteran in obtaining a non-
title 38 U.S.C. benefit to which the Veteran is entitled. These records
may also be disclosed as part of an ongoing computer-matching program
to accomplish this purpose.
29. Any information in this system, which directly affects payment
or potential payment of benefits to contesting claimants, including
parties claiming an apportioned share of benefits, may be coequally
disclosed to each affected claimant upon request from that claimant in
conjunction with the claim for benefits sought or received.
30. Any information in this system, such as identifying
information, nature of a claim, amount of benefit payments, percentage
of disability, income and medical expense information maintained by VA
which is used to determine the amount payable to recipients of VA
income-dependent benefits and personal information, may be disclosed to
the Social Security Administration (SSA), upon its official request, in
order for that agency to determine eligibility regarding amounts of
social security benefits, or to verify other information with respect
thereto. These records may also be disclosed as
[[Page 4145]]
part of an ongoing computer-matching program to accomplish this
purpose.
31. VA may disclose an individual's identifying information to an
educational institution, training establishment, or other entity which
administers programs approved for VA educational assistance in order to
assist the individual in completing claims forms, to obtain information
necessary to adjudicate the individual's claim, or to monitor the
progress of the individual who is pursuing or intends to pursue
training at the request of the appropriate institution, training
establishment, or other entity administrating approved VA educational
programs or at the request of the Veteran.
32. Medical data (excluding the name and address of a Veteran
unless the name and address are furnished by the requestor) may be
disclosed to epidemiological and other research facilities approved by
the Under Secretary for Health to obtain data from those facilities
necessary to assist in medical studies on Veterans for VA or for any
research purposes determined to be necessary and proper by the Under
Secretary for Health.
33. The name(s) and address(es) of a Veteran may be disclosed to
another Federal agency or to a contractor of that agency, at the
written request of the head of that agency or designee of the head of
that agency for the purpose of conducting government research necessary
to accomplish a statutory purpose of that agency.
34. Any information in this system relevant to a Veteran's claim
such as the name, address, the basis and nature of a claim, amount of
benefit payment information, medical information and military service
and active duty separation information may be disclosed at the request
of the Veteran to accredited service organizations, VA- approved claims
agents and attorneys acting under a declaration of representation so
that these individuals can aid Veterans in the preparation,
presentation and prosecution of claims under the laws administered by
VA.
35. Identifying and payment information may be disclosed, upon the
request of a Federal agency, to a State or local government agency, to
determine a beneficiary's eligibility under programs provided for under
Federal legislation and for which the requesting Federal agency has
responsibility. These records may also be disclosed as a part of an
ongoing computer-matching program to accomplish these purposes. This
purpose is consistent with title 38 U.S.C. 5701.
36. Any information in this system such as the amount of benefit or
disability payments and medical information may be disclosed in the
course of presenting evidence to a court, magistrate, or administrative
authority, in matters of guardianship, inquests, and commitments, to
private attorneys representing Veterans rated incompetent in
conjunction with issuance of Certificates of Incompetency, and to
probation and parole officers in connection with court-required duties.
37. Any information in this system including medical information,
the basis and nature of claim, the amount of benefits and personal
information may be disclosed to a VA Federal fiduciary or a guardian ad
litem in relation to his or her representation of a Veteran only to the
extent necessary to fulfill the duties of the VA Federal fiduciary or
the guardian ad litem.
38. Any relevant information (including changes in disability
ratings) may be disclosed to the DOJ and United States Attorneys in the
defense or prosecution of litigation involving the United States, and
to Federal agencies upon their request in connection with review of
administrative tort claims and potential tort claims filed under the
Federal Tort Claims Act, title 28 U.S.C. 2672, the Military Claims Act,
title 10 U.S.C. 2733, and other similar claims statutes.
39. Any information in this system including the name, social
security number, date of birth, delimiting date and remaining
entitlement of VA educational benefits, may be disclosed to the
Department of Education (ED) upon its official request, or contractor
thereof, for specific use by the ED to validate information regarding
entitlement to VA benefits which is submitted by applicants who request
educational assistance grants from the ED. The ED or contractor thereof
will not use such information for any other purpose. These records may
also be disclosed as part of an ongoing computer-matching program to
accomplish this purpose.
40. VA may, at the request of the individual, disclose identifying
information of an individual who is pursuing or intends to pursue
training at an educational institution, training establishment, or
other entity which administers programs approved for VA educational
assistance in order for the VA to obtain sufficient information
necessary to pay that individual or the educational or training
establishment the correct monetary amounts in an expeditious manner.
However, information will not be provided under this routine use to an
educational institution, training establishment, or other entity when
the request is clearly an attempt by that establishment to seek
assistance in collection attempts against the individual.
41. Identifying information and information regarding the
induction, reentrance and dismissal of a disabled Veteran from a
vocational rehabilitation program may be disclosed at the request of
the Veteran to a VA-approved vocational rehabilitation training
establishment to ensure that the trainee receives the maximum benefit
from training.
42. Identifying information and information regarding the extent
and nature of a Veteran's disabilities with respect to any limitations
to be imposed on the Veteran's vocational programs may be disclosed at
the request of the Veteran to a VA-approved vocational rehabilitation
training establishment to ensure that the trainee receives the maximum
benefit from training.
43. Information regarding the type and amount of training/education
received, and the name and address of a Veteran, may be disclosed at
the request of a Veteran to local and State agencies and to prospective
employers in order to assist the Veteran in obtaining employment or
further training.
44. The name, claims file number and any other information relating
to a Veteran's or beneficiary's incarceration in a penal institution
and information regarding a dependent's right to a special
apportionment of the incarcerated individual's VA benefit payment may
be disclosed to those dependents who may be eligible for entitlement to
such apportionment in accordance with title 38 U.S.C. 5313 and Sec.
5307.
45. The name, claims file number and any other information relating
to an individual who may be incarcerated in a penal institution may,
pursuant to an arrangement, be disclosed to penal institutions or to
correctional authorities in order to verify information concerning the
individual's incarceration status. The disclosure of this information
is necessary to determine that individual's continuing eligibility as
authorized under title 38 U.S.C. 5313, Sec. 5307. These records may
also be disclosed as part of an ongoing computer-matching program to
accomplish this purpose.
46. Identifying information, except for the name and address of a
Veteran, may be disclosed to a State agency for the purpose of
conducting a computer match to determine if income and employment data
are being properly reported to VA and to detect the
[[Page 4146]]
unwarranted payment of benefits under title 38 U.S.C.
47. Identifying, disability, and award (type, amount and reasons
for award) information may be released to the Department of Labor (DOL)
in order for the DOL to conduct a computer matching program against the
Office of Workers' Compensation Programs Federal Employees Compensation
File, DOL/ESA-13, published in 46 FR 12357 on February 13, 1981. This
match will permit the DOL to verify a person's eligibility for DOL
payments as well as to detect situations where recipients may be
erroneously receiving concurrent multiple payments from the DOL and VA,
to identify areas where legislative and regulatory amendments directed
toward preventing overpayments are needed, and to collect debts owed to
the United States Government. This matching program is performed
pursuant to the DOL Inspector General's authority under Public Law 95-
452, section 4(a) to detect and prevent fraud and abuse. This
disclosure is consistent with title 38 U.S.C. 5701(b)(3).
48. The beneficiary's name, address, social security number and the
amount (excluding interest) of any indebtedness waived under title 38
U.S.C. 5302, or compromised under 4 CFR part 103 may be disclosed to
the Treasury Department, Internal Revenue Service (IRS), as a report of
income under title 26 U.S.C. 61(a)(12).
49. Identifying information, including social security number,
except for the name and address, may be disclosed to a Federal, State,
County or Municipal agency for the purpose of conducting computer
matches to obtain information to validate the entitlement of an
individual, who is receiving or has received Veterans' benefits under
title 10 or title 38 U.S.C. The name and address of individuals may
also be disclosed to a Federal agency under this routine use if
required by the Federal agency in order to provide information.
50. Identifying information, including the initials and abbreviated
surname, the social security number, the date of birth and coding
indicating the category of the individual's records, the degree of
disability, the benefit program under which benefits are being paid and
the computed amount of VA benefits for a calendar year may be released
to the Department of the Treasury, and IRS, in order for IRS to conduct
a computer matching program against IRS Forms 1040, Schedule R, Credit
for the Elderly and the Permanently and Totally Disabled. This match
will permit IRS to determine the eligibility for and the proper amount
of Elderly and Disabled Credits claimed on IRS Form 1040, Schedule R.
This matching program is performed pursuant to the provisions of
Internal Revenue Code Section 7602. This disclosure is consistent with
title 38 U.S.C. 5701(b)(3).
51. Identifying information, such as name, social security number,
VA claim number, date and place of birth, etc., in this system may be
disclosed to an employer or school having information relevant to a
claim in order to obtain information from the employer or school to the
extent necessary to determine that eligibility for VA compensation or
pension benefits continues to exist or to verify that there has been an
overpayment of VA compensation or pension benefits. Any information in
this system also may be disclosed to any of the above-entitled
individuals or entities as part of ongoing computer matching programs
to accomplish these purposes.
52. The name of a Veteran, or other beneficiary, other information
as is reasonably necessary to identify such individual, and any other
information concerning the individual's indebtedness by virtue of a
person's participation in a benefits program administered by VA, may be
disclosed to the Treasury Department, IRS, for the collection of title
38, U.S.C. benefit overpayments, overdue indebtedness, and/or costs of
services provided to an individual not entitled to such services, by
the withholding of all or a portion of the person's Federal income tax
refund.
53. Veterans' addresses which are contained in this system of
records may be disclosed to the Defense Manpower Data Center, upon its
official request, for military recruiting command needs, DoD civilian
personnel offices' mobilization studies and mobilization information,
debt collection, and Individual Ready Reserve Units' locator services.
54. The name, address, VA file number, date of birth, date of
death, social security number, and service information may be disclosed
to the Defense Manpower Data Center. DoD will use this information to
identify retired Veterans and dependent members of their families who
have entitlement to DoD benefits but who are not identified in the
Defense Enrollment Eligibility Reporting System program and to assist
in determining eligibility for Civilian Health and Medical Program of
the Uniformed Services benefits. This purpose is consistent with title
38 U.S.C. 5701. These records may also be disclosed as part of an
ongoing computer-matching program to accomplish this purpose.
55. The name, address, VA file number, social security number, sex
of Veteran, date(s) of birth of the Veteran and dependents, current
benefit pay amounts for compensation or pension, pay status, check
amount, aid and attendance status, Veteran and spouse annual income
amounts and type and combined degree of disability will be disclosed to
the Department of Health and Human Services. The SSA will use the data
in the administration of the Supplemental Security Income payment
system as prescribed by Public Law 92-603. These records may also be
disclosed as part of an ongoing computer-matching program to accomplish
these purposes. This purpose is consistent with title 38 U.S.C. 5701.
56. The names and current addresses of VA beneficiaries who are
identified by finance centers of individual uniformed services of DoD
and the Department of Homeland Security (Coast Guard) as responsible
for the payment of Survivor Benefit Plan (SBP) premium payments to be
released from this system of records to them upon their official
written request for such information for their use in attempting to
recover amounts owed for SBP premium payments.
57. This routine use authorizes VA to compile lists of the social
security numbers and loan account numbers of all persons with VA-
guaranteed and portfolio loans in default, or VA loans on which there
has been a foreclosure and the Department paid a claim and provide
these records to HUD for inclusion in its CAIVRS. Information included
in this system may be disclosed to all participating agencies and
lenders who participate in the agencies' programs to enable them to
verify information provided by new loan applicants and evaluate the
creditworthiness of applicants. These records may also be disclosed as
part of an ongoing computer-matching program to accomplish these
purposes.
58. Identifying information including social security number,
abbreviated surname, first and middle initial, date of birth, sex and
claim number, and excluding the full name and address, may be disclosed
to the SSA for the purpose of conducting a computer match to obtain
information to validate the social security number maintained in VA
records.
59. Any information contained in the files of Veterans whose claims
were referred to VA Central Office for an advisory opinion concerning
their claims that their disabilities were incurred secondary to
occupational radiation exposure may be disclosed to
[[Page 4147]]
the Department of the Navy. The information to be furnished to the Navy
would include the medical opinions, dose estimates, advisory opinions,
and rating decisions including Veterans' names, addresses, VA claim
numbers, social security numbers and medical information. The requested
information may be disclosed to the Department of the Navy upon receipt
of its official written request for such information for its use in the
review and assessment of its occupational radiation exposure controls
and training.
60. A Veteran's claims file number and folder location may be
disclosed to a court of proper jurisdiction that has issued a
garnishment order for that Veteran under title 42 U.S.C. 659 through
660. An individual's identifying and payment information may be
disclosed to the educational institution, training establishment, or
other entity the individual attends (or attended) if that individual
received educational assistance from VA based on training at that
educational institution, training establishment, or entity. VA will
disclose this information to assist the educational institution,
training establishment, or other entity in verifying the individual's
receipt of VA educational assistance and to assist the individual in
applying for additional financial aid (e.g. student loans).
61. The name and address of a prospective, present, or former
accredited representative, claims agent or attorney and any information
concerning such individual which is relevant to a refusal to grant
access privileges to automated Veterans' claims records, or a potential
or past suspension or termination of such access privileges may be
disclosed to the entity employing the individual to represent Veterans
on claims for Veterans benefits.
62. The name and address of a former accredited representative,
claim agent or attorney, and any information concerning such
individual, except a Veteran's name and home address, which is relevant
to a revocation of such access privileges may be disclosed to an
appropriate governmental licensing organization where VA determines
that the individual's conduct that resulted in revocation merits
reporting.
63. A record from this system (other than the address of the
beneficiary) may be disclosed to a former representative of a
beneficiary to the extent necessary to develop and adjudicate a claim
for payment of attorney fees to such representative from past-due
benefits under title 38 U.S.C. 5904(d) and Public Law 109-461 or to
review a fee agreement between such representative and the beneficiary
for reasonableness under title 38 U.S.C. 5904(c)(2) and Public Law 109-
461.
64. Disclosure of tax returns and return information received from
the IRS may be made only as provided by title 26 U.S.C. 6103 (an IRS
confidentiality statute) also covering any IRS tax return information
provided as part of an ongoing computer matching program.
65. Where VA determines that there is good cause to question the
legality or ethical propriety of the conduct of a person or
organization representing a person in a matter before VA, a record from
this system may be disclosed, on VA's initiative, to any or all of the
following: (1) Applicable civil or criminal law enforcement authorities
and (2) a person or entity responsible for the licensing, supervision,
or professional discipline of the person or organization acting as a
representative. Name and home addresses of Veterans and their
dependents will be released on VA's initiative under this routine use
only to Federal entities.
66. The name and address of a VA beneficiary, and other information
as is reasonably necessary to identify such a beneficiary, who has been
adjudicated as incompetent under 38 CFR 3.353, may be provided to the
Attorney General of the United States or his/her designee, for use by
the DOJ in the National Instant Criminal Background Check System
mandated by the Brady Handgun Violence Prevention Act, Public Law 103-
159.
67. Disclosure may be made to the National Archives and Records
Administration (NARA) and General Services Administration in record
management inspections and such other activities conducted under
Authority of title 44 U.S.C.
68. VA may disclose information from this system of records to the
DOJ, either on VA's initiative or in response to DOJ's request for the
information, after either VA or DOJ determines that such information is
relevant to DOJ's representation of the United States or any of its
components in legal proceedings before a court or adjudicative body,
provided that, in each case, the agency also determines prior to
disclosure that release of the records to the DOJ is a use of the
information contained in the records that is compatible with the
purpose for which VA collected the records. VA, on its own initiative,
may disclose records in this system of records in legal proceedings
before a court or administrative body after determining that the
disclosure of records to the court or administrative body is a use of
the information contained in the records that is compatible with the
purpose for which VA collected the records.
69. Disclosure of relevant information may be made to individuals,
organizations, public or private agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement.
70. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud, waste,
overpayment, or abuse by individuals in their operations and programs
as well as identifying areas where legislative and regulatory
amendments directed toward preventing overpayments. These records may
also be disclosed as part of an ongoing computer-matching program to
accomplish this purpose.
71. VA may on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) VA has
determined that as a result of the suspected or confirmed compromise,
there is a risk of embarrassment or harm to the reputations of the
record subjects, harm to the economic or property interests, identity
theft or fraud, or harm to the programs (whether maintained by VA or
another agency or entity) that rely upon the potentially compromised
information; and (3) the disclosure is to agencies, entities, or
persons whom VA determines are reasonably necessary to assist or carry
out the VA's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by VA to respond to a suspected or confirmed data
breach, including the conduct of any risk analysis or provision of
credit protection services as provided in title 38 U.S.C. 5724, as the
terms are defined in title 38 U.S.C. 5727.
72. VA may disclose information to other Federal Agencies
including, but not limited to, identifying information, payment
information, and vocational objectives about a Veteran or Servicemember
who is receiving or has received benefits under the Vocational
Rehabilitation program to be used in data analysis and development of
performance measures.
73. Any information contained in this system may be disclosed by
VA, as
[[Page 4148]]
deemed necessary, to DoD for use for determinations required by DoD. VA
will routinely use the information to conduct medical evaluations
needed to produce VA disability ratings and to promulgate subsequent
claims for benefits under title 38 U.S.C.
74. Information in this system (excluding date of birth, social
security number, and address) relating to the use of transferred
educational assistance benefits may be coequally disclosed to the
transferor, e.g., the individual from whom eligibility was derived, and
to each transferee, e.g., the individual receiving the transferred
benefit. The information disclosed is limited to the two parties in
each transferor-transferee relationship, as the transferor may have
multiple transferred relationships.
75. The name, address, insurance account information of an insured
Veteran or member of the uniformed services, their beneficiary(ies),
legal representatives, or designated payee(s), and the amount of
payment may be disclosed to the Treasury Department, upon its official
request, in order for the Treasury Department to make payment of
dividends, policy loans, cash surrenders, maturing endowments,
insurance refunds, issue checks and perform check tracer activities for
the veteran or member of the uniformed services, beneficiary(ies),
legal representative or designated payee(s).
76. The name and address of an insured Veteran or member of the
uniformed services, date and amount of payments made to VA, including
specific status of each policy (e.g., premiums paid in, dividends paid
out, cash and loan values) may be disclosed to the Internal Revenue
Service (IRS), upon its official request, in order for the IRS to
collect tax liens by withholding insurance payments to satisfy unpaid
taxes. This purpose is consistent with title 26 of the United States
Code, Sec. 7602.
77. The name, address, social security number, date of discharge
from the military, medical information concerning the grounds for total
disability or the nature of an injury or illness, and dependency or
beneficiary related information of a member of the uniformed services
or Veteran may be disclosed to the Office of Servicemembers' Group Life
Insurance (OSGLI) at the request of a member of the uniformed services
or Veteran in order to aid OSGLI in the verification of such
information for the purpose of issuance and maintenance of insurance
policies provided to members of the uniformed services or Veterans
participating in the Servicemembers' Group Life Insurance (SGLI)
program and/or Veterans' Group Life Insurance (VGLI) program and to pay
insurance benefits under these programs.
78. The name, address, and other identifying information such as a
social security number or a military service number may be disclosed to
the Department of Defense (Army, Air Force, Navy, Marine Corps); the
Coast Guard of the Department of Homeland Security; the Commissioned
Officers Corps of the U.S. Public Health Service; and the Commissioned
Officers Corps of the National Oceanic and Atmospheric Administration
(NOAA) of the Department of Commerce; this disclosure may be made upon
their official request, for use in order for these departments to
establish and maintain allotments from active and retired service pay
for VA insurance premiums and loan repayments.
79. The face amount and cash and/or loan value of an insurance
policy, verification of an existing insurance policy, and the name and
address of an insured Veteran or member of the uniformed services may
be disclosed at the request of the veteran or member of the uniformed
services to a Federal, State, or local agency, in order for these
agencies to assist a veteran or member of the uniformed services
applying for Medicaid, Medicare, nursing home admittance, welfare
benefits, or other benefits provided by the requesting agency to the
extent that the information is relevant and necessary to the agency's
decision regarding benefits.
80. The name and address of a Veteran or member of the uniformed
services and military service information (e.g., dates of service,
branch of service) may be disclosed to the Armed Forces Institute of
Pathology (AFIP), upon its official request, in order for the AFIP to
conduct research for specified official purposes.
81. Any information in this system such as notice of renewal,
reinstatement, premium due, lapse actions, miscellaneous insurance
instructions, disposition of dividends, policy loans, and transfer of
records may be disclosed to VA fiduciaries, court-appointed guardians/
conservators, powers of attorney, or military trustees of incompetent
Veterans or members of the uniformed services in order to advise VA
fiduciaries, court-appointed guardians/conservators, powers of
attorney, or military trustees of current actions to be taken in
connection with ownership of U.S. government life insurance policies
and to enable them to properly perform their duties as fiduciaries or
guardians, powers of attorney, or military trustees.
82. Any information in this system of records may be disclosed, in
the course of presenting evidence in or to a court, magistrate,
administrative tribunal, or grand jury, including disclosures to
opposing counsel in the course of such proceedings or in settlement
negotiations.
83. Identifying information, except for the name and address of a
Veteran or member of the uniformed services, may be disclosed to a
Federal, State, County or Municipal agency for the purpose of
conducting computer matches to obtain information to validate the
entitlement of a Veteran or member of the uniformed services who is
receiving or has received government insurance benefits under title 38
U.S.C. The name and address of a Veteran or member of the uniformed
services may also be disclosed to a Federal agency under this routine
use if they are required by the Federal agency to respond to the VA
inquiry.
Policies and Practices for Storage of Records:
The BDN, Virtual VA, Corporate WINRS, VETSNET, The Image Management
System (TIMS), Long Term Solution (LTS) and the VBMS are data
telecommunication terminal systems. For Compensation and Pension-
related claims, records (or information contained in records) are no
longer maintained on paper documents in claims folders (C-folders), but
are now 100% digitized and stored in the VBMS electronic folder (VBMS
eFolder). In 2012, VA declared the VBMS eFolder to be the official
record for all documentation submitted to VA pursuant to claims for
Compensation and Pension benefits. All paper documents VA receives
pursuant to a Compensation or Pension claim are converted to a digital
image via VA's electronic imaging process and uploaded into the VBMS
eFolder. An electronically-imaged document in the VBMS eFolder is the
official copy of record for adjudicating claims for VA Compensation or
Pension benefits. When VA decision makers adjudicate claims for
Compensation or Pension benefits, they rely solely on the electronic
image contained in the VBMS eFolder, irrespective of whether a document
is initially submitted to VA in electronic or paper format. VA decision
makers do not have access to the original paper source documents during
the claims adjudication process. Once a paper source document is
electronically imaged and uploaded into the eFolder, VA considers the
electronic image to be the official copy of record, while the physical
paper document is reclassified
[[Page 4149]]
as a duplicate copy. All duplicate copies of the official record are
subject to destruction in accordance with applicable procedures and
laws (please see the Retention and Disposal section for further
details.)
Vocational Rehabilitation and Employment (VR&E), and Education
claims are maintained on paper and electronic folders and on automated
storage media (e.g., microfilm, microfiche, magnetic tape and disks).
Such information may be accessed through BDN, VBMS, Corporate WINRS,
TIMS, LTS, and VETSNET terminals. BDN, Virtual VA, Corporate WINRS,
VETSNET, and VBMS terminal locations include VA Central Office,
regional offices, VA health care facilities, Veterans Integrated
Service Network offices, DoD Finance and Accounting Service Centers and
the U.S. Coast Guard Pay and Personnel Center. Remote on-line access is
also made available to authorized remote sites, representatives of
claimants and to attorneys of record for claimants. A VA claimant must
execute a prior written consent or a power of attorney authorizing
access to his or her claims records before VA will allow the
representative or attorney to have access to the claimant's automated
claims records. Access by representatives and attorneys of record is to
be used solely for the purpose of assisting an individual claimant
whose records are accessed in a claim for benefits administered by VA.
Information relating to receivable accounts owed to VA, designated the
Centralized Accounts Receivable System (CARS), is maintained on
magnetic tape, microfiche and microfilm. CARS is accessed through a
data telecommunications terminal system at St. Paul, Minnesota.
Policies and Practices for Retrieval of Records:
File folders, whether paper or electronic, are indexed by name of
the individual and VA file number. Automated records are indexed by
name, VA file number, payee name and type of benefit. Employee
productivity is measured using automated systems. At the conclusion of
a monthly reporting period, the generated listing is indexed by
employee BDN identification number. Records in CAIVRS may only be
retrieved by social security number.
Policies and Practices for Retention and Disposal of Records:
All claims files folders for Compensation and Pension claims are
electronically imaged and uploaded into the VBMS eFolder. Once a file
is electronically imaged and established by VA as the official record,
its paper contents (with the exception of documents that are on hold
due to pending litigation, and service treatment records and other
documents that are the property of DoD), are reclassified as
duplicate--non record keeping--copies of the official record, and will
be destroyed in accordance with Records Control Schedule VB-1, Part 1
Section XIII, Item 13-052.100 as authorized by NARA. All paper
documentation that is not the property of VA (e.g., DoD-owned
documentation) is currently stored by VA after scanning, pending a
policy determination as to its final disposition. All documentation
being held pursuant to active litigation is held in its native format
during the pendency of the litigation. All VBMS eFolders are stored on
a secure VA server, pending permanent transfer to NARA where they will
be maintained as historical records.
Prior to destruction of any paper source documentation reclassified
as duplicate copies, VA engages in a comprehensive and multi-layered
quality control and validation program to ensure material that has been
electronically imaged is completely and accurately uploaded into the
VBMS eFolder. To guarantee the integrity and completeness of the
record, VA engages in industry-best practices, using state-of-the-art
equipment, random sampling, independent audit, and 100% VA review
throughout the claims adjudication process. Historically, VA's success
rate in ensuring the accuracy and completeness of the electronic record
routinely and consistently exceeds 99%. Furthermore, no paper document
is ever destroyed while any related claim or appeal for VA benefits is
still pending. VA waits 3 years after the final adjudication of any
claim or appeal before destroying the paper duplicate copies that have
been scanned into the VBMS eFolder. As noted, the electronic image of
the paper document is retained indefinitely as a permanent record
either by VA or NARA.
Decisions to destroy VR&E paper counseling records are to be made
in accordance with Records Control Schedule (RCS), RCS VB-1, Part I,
Field in Section VII, dated January 31, 2014. Automated storage media
containing temporary working information are retained until a claim is
decided, and then destroyed. All other automated storage media are
retained and disposed of in accordance with disposition authorization
approved by NARA. Education file folders in paper are retained at the
servicing Regional Processing Office. Education paper folders may be
destroyed in accordance with the times set forth in the VBA Records
Management, Records Control Schedule VB-1, Part 1, Section VII, as
authorized by NARA.
Employee productivity records are maintained for two years after
which they are destroyed by shredding or burning. File information for
CAIVRS is provided to HUD by VA on magnetic tape. After information
from the tapes has been read into the computer the tapes are returned
to VA for updating. HUD does not keep separate copies of the tapes.
Administrative, Technical, and Physical Safeguards:
1. Physical Security:
(a) Access to working spaces and claims folder file storage areas
in VA regional offices and centers is restricted to VA employees on a
need-to-know basis. Generally, file areas are locked after normal duty
hours and the offices and centers are protected from outside access by
the Federal Protective Service or other security personnel. Employee
claims file records and claims file records of public figures are
stored in separate locked files. Strict control measures are enforced
to ensure that access to and disclosure from these claims file records
are limited to a need-to-know basis. Duplicate paper copies after
imaging are stored in NARA-compliant facilities, pending destruction.
(b) Access to BDN, Virtual VA, Corporate WINRS, VETSNET and VBMS
data telecommunication networks are by authorization controlled by the
site security officer who is responsible for authorizing access to the
BDN, Virtual VA, VBMS and VETSNET by a claimant's representative or
attorney approved for access in accordance with VA regulations. The
site security officer is responsible for ensuring that the hardware,
software and security practices of a representative or attorney satisfy
VA security requirements before granting access. The security
requirements applicable to the access of automated claims files by VA
employees also apply to the access of automated claims files by
claimants' representatives or attorneys. The security officer is
assigned responsibility for privacy-security measures, especially for
review of violation logs, information logs and control of password
distribution, including password distribution for claimants'
representatives.
(c) Access to data processing centers is generally restricted to
center employees, custodial personnel, Federal Protective Service and
other security
[[Page 4150]]
personnel. Access to computer rooms is restricted to authorized
operational personnel through electronic locking devices. All other
persons provided access to computer rooms are escorted.
(d) Employee production records are identified by the confidential
BDN and VETSNET employee identification number, and are protected by
management/supervisory personnel from unauthorized disclosure in the
same manner as other confidential records maintained by supervisors.
2. BDN, Virtual VA, VETSNET, and VBMS System Security:
(a) Usage of the BDN, Virtual VA, Corporate WINRS, VETSNET, and
VBMS systems is protected by the usage of ``login'' identification
passwords and authorized function passwords. The passwords are changed
periodically. These same protections apply to remote access users.
(b) At the data processing centers, identification of magnetic
tapes and disks containing data is rigidly enforced using labeling
techniques. Automated storage media, which are not in use, are stored
in tape libraries, which are secured in locked rooms. Access to
programs is controlled at three levels: Programming, auditing and
operations. Access to the data processing centers where HUD maintains
CAIVRS is generally restricted to center employees and authorized
subcontractors. Access to computer rooms is restricted to center
employees and authorized operational personnel through electronic
locking devices. All other persons granted access to computer rooms are
escorted. Files in CAIVRS use social security numbers as identifiers.
Access to information files is restricted to authorized employees of
participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency
distribution of passwords. Information in the system may be accessed by
use of a touch-tone telephone by authorized agency and lender employees
on a ``need-to-know'' basis.
Record Access Procedures: Veterans and authorized parties have a
statutory right to request a copy of or an amendment to a record in
VA's possession at any time under the Freedom of Information Act (FOIA)
and the Privacy Act (PA). VA has a decentralized system for fulfilling
FOIA and PA requests. The type of information or records an individual
is seeking will determine the location to which a request should be
submitted. For records contained within a VA claims folder
(Compensation and Pension claims), or military service medical records
in VA's possession, the request will be fulfilled by the VA Records
Management Center. Authorized requestors should mail or fax their
Privacy Act or FOIA requests to: Department of Veterans Affairs, Claims
Intake Center, P.O. Box 4444, Janesville, WI 53547-4444, Fax: 844-531-
7818, DID: 608-373-6690.
For other benefits records maintained by VA (to include Vocational
Rehabilitation & Employment, Insurance, Loan Guaranty or Education
Service) submit requests to the FOIA/Privacy Act Officer at the VA
Regional Office serving the individual's jurisdiction. Address
locations for the nearest VA Regional Office are listed at VA Locations
Link. Any individuals who have questions about access to records may
also call 1-800-327-1000.
Contesting Record Procedures:
(See Record access procedures above.)
Notification Procedures: Any individual, who wishes to determine
whether a record is being maintained in this system under his or her
name or other personal identifier, or wants to determine the contents
of such record, should submit a written request or apply in person to
the nearest VA regional office or center. Address locations are listed
at https://www.va.gov/landing2_locations.htm.
VA employees wishing to inquire whether the system of records
contains employee productivity information about themselves should
contact their supervisor at the regional office or center of
employment.
Exemptions Promulgated for the System:
There is no category of records in this system that has been
identified as exempt from any section of the Privacy Act.
History:
Compensation, Pension, Education, and Vocational Rehabilitation and
Employment Records-VA (58VA21/22/28) was published on July 19, 2012 at
77FR42594.
[FR Doc. 2019-02315 Filed 2-13-19; 8:45 am]
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