**§1.577 Access to records.**

\(a\) Except as otherwise provided by law or regulation any individual
upon request may gain access to his or her record or to any information
pertaining to him or her which is contained in any system of records
maintained by the Department of Veterans Affairs. The individual will be
permitted, and upon his or her request, a person of his or her own
choosing permitted to accompany him or her, to review the record and
have a copy made of all or any portion thereof in a form comprehensible
to him or her. The Department of Veterans Affairs will require, however,
a written statement from the individual authorizing discussion of that
individual's record in the accompanying person's presence.

\(b\) Any individual will be notified, upon request, if any Department
of Veterans Affairs system of records named contains a record pertaining
to him or her. Such request must be in writing, over the signature of
the requester. The request must contain a reasonable description of the
Department of Veterans Affairs system or systems of records involved, as
described at least annually by notice published in the *Federal
Register* describing the existence and character of the Department of
Veterans Affairs system or systems of records pursuant to §1.578(d). The
request should be made to the office concerned (having jurisdiction over
the system or systems of records involved) or, if not known, to the
Director or Department of Veterans Affairs Officer in the nearest
Department of Veterans Affairs regional office, or to the Department of
Veterans Affairs Central Office, 810 Vermont Avenue, NW., Washington, DC
20420. Personal contact should normally be made during the regular duty
hours of the office concerned, which are 8:00 a.m. to 4:30 p.m., Monday
through Friday for Department of Veterans Affairs Central Office and
most field facilities. Identification of the individual requesting the
information will be required and will consist of the requester's name,
signature, address, and claim, insurance or other identifying file
number, if any, as a minimum. Additional identifying data or documents
may be required in specified categories as determined by operating
requirements and established and publicized by the promulgation of
Department of Veterans Affairs regulations. (5 U.S.C. 552a(f)(1))

\(c\) The department or staff office having jurisdiction over the
records involved will establish appropriate disclosure procedures and
will notify the individual requesting disclosure of his or her record or
information pertaining to him or her of the time, place and conditions
under which the Department of Veterans Affairs will comply to the extent
permitted by law and Department of Veterans Affairs regulation. (5
U.S.C. 552a(f)(2))

\(d\) Access to sensitive material in records, including medical and
psychological records, is subject to the following special procedures.
When an individual requests access to his or her records, the Department
of Veterans Affairs official responsible for administering those records
will review them and identify the presence of any sensitive records.
Sensitive records are those that contain information which may have a
serious adverse effect on the individual's mental or physical health if
they are disclosed to him or her. If, on review of the records, the
Department of Veterans Affairs official concludes that there are
sensitive records involved, the official will refer the records to a
Department of Veterans Affairs physician, other than a rating board
physician, for further review. If the physician who reviews the records
believes that disclosure of the information directly to the individual
could have an adverse effect on the physical or mental health of the
individual, the responsible Department of Veterans Affairs official will
then advise the requesting individual:

\(1\) That the Department of Veterans Affairs will disclose the
sensitive records to a physician or other professional person selected
by the requesting individual for such redisclosure as the professional
person may believe is indicated, and

\(2\) In indicated cases, that the Department of Veterans Affairs will
arrange for the individual to report to a Department of Veterans Affairs
facility for a discussion of his or her records with a designated
Department of Veterans Affairs physician and for an explanation of what
is included in the records. Following such discussion, the records
should be disclosed to the individual; however, in those extraordinary
cases where a careful and conscientious explanation of the information
considered harmful in the record has been made by a Department of
Veterans Affairs physician and where it is still the physician's
professional medical opinion that physical access to the information
could be physically or mentally harmful to the patient, physical access
may be denied. Such a denial situation should be an unusual, very
infrequent occurrence. When denial of a request for direct physical
access is made, the responsible Department of Veterans Affairs official
will:

\(1\) Promptly advise the individual making the request of the denial;

\(2\) state the reasons for the denial of the request (e.g., 5 U.S.C.
552a(f)(3) 38 U.S.C. 5701(b)(1)); and

\(3\) advise the requester that the denial may be appealed to the
General Counsel and of the procedure for such an appeal. (Authority: 5
U.S.C. 552a(f)(3))

\(e\) Nothing in 5 U.S.C. 552a, however, allows an individual access to
any information compiled in reasonable anticipation of civil action or
proceeding. (5 U.S.C. 552a(d)(5))

\(f\) Fees to be charged, if any, to any individual for making copies of
his or her record shall not include the cost of any search for and
review of the record, and will be as follows:

**Activity Fees**

\(1\) Duplication of documents by any type of \$0.15 per page after
first

reproduction process to produce plain 100 one-sided pages.

one-sided paper copies of a standard size

(8-1/2" x 11"; 8-1/2" x 14"; 11" x 14").

**Activity Fees**

\(2\) Duplication of non-paper records, such as Actual direct cost to
the

microforms, audiovisual materials (motion Agency as defined in pictures,
slides, laser optical disks, video tapes, §1.555(a)(2) of this part to

audiotapes, etc.) computer tapes and disks, the extent that it pertains
to

diskettes for personal computers, and any the cost of duplication.

other automated media output.

\(3\) Duplication of documents by any type of Actual direct cost to the

reproduction process not covered by Agency as defined in

paragraphs (f)(1) and (2) of this section §1.555(a)(2) of this part to

to produce a copy in a form reasonably the extent that it pertains to

usable by a requester. the cost of duplication.

**Note**: Fees for any activities other than duplication by any type of
reproducing process will be assessed under the provisions of §1.526(i)
or (j) of this part of any other applicable law.)

\(g\) When VA benefit records, which are retrievable by name or
individual identifier of a VA beneficiary or applicant for VA benefits,
are requested by the individual to whom the record pertains, the
duplication fee for one complete set of such records will be waived.
(Authority: 5 U.S.C. 552a(f)(5)) (38 U.S.C. 501(a))

\[40 FR 33944, Aug, 12, 1975, as amended at 47 FR 16323, Apr. 16, 1982;
53 FR 10380, Mar, 31, 1988; 55 FR 21546, May 25, 1990\]