System of Records (SOR)

05VA026 - Individual Correspondence Records-VA

System location:
Records are maintained at the Office of the General Counsel (026), VA Central Office, Washington, DC 20420 and at the Offices of the District Counsels, addresses for which may be obtained from the above-mentioned General Counsel office address.

Categories of individuals covered by the system:
The following categories of individuals are covered by this system: (1) Veterans; (2) nonveterans; (3) attorneys; (4) employees; and (5) members of Congress who have made inquiries or sent correspondence to the VA and regarding whom some action was taken by the Office of General Counsel or an office of one or more District Counsels regarding the inquiries.

Categories of records in the system:
Records (or information contained in records) may contain: (1) Name of individual; (2) inquiries or correspondence sent to the VA by an individual; (3) information pertinent to a legal opinion or response given by the Office of General Counsel or the District Counsel; and (4) the legal opinion or response.

Authority for maintenance of the system:

Title 38, United States Code, 210(c).

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

1. The record of an individual who is covered by this system may be disclosed to a member of Congress or staff person acting for the member when the member or staff person requests the record on behalf of and at the request of that individual.
2. Any information in this system, except for the name and address of a veteran, which is 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, may be disclosed to a Federal, State, local 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 issued pursuant thereto.
3. The name and address of a veteran, which is 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, may be disclosed to a Federal agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation, rule or order issued pursuant thereto, in response to its official request.
4. The name and address of a veteran, 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 and whether arising by general or program statute or by regulation, rule or order issued pursuant thereto, may be 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.
5. Any information in this system from correspondence or inquiries sent to the VA may be disclosed to State or Federal agencies at the request of the correspondent or inquirer in order for those agencies to help the correspondent with his or her problem. The information disclosed may include the name and address of the correspondent or inquirer and detail concerning the nature of the problem specified in the correspondence.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:
In the Office of the General Counsel and District Counsel offices, all inquiries and correspondence are placed in individual folders on storage shelves or place in file cabinets.

Retrievability:
Records are maintained in alphabetical order by last name of the individual covered by the system.

Safeguards:
Records are maintained in a manned room during working hours. During nonworking hours, there is a limited access to the building with visitor control by security personnel, and the room where the records are kept is locked. Access to the records is only authorized to VA personnel on a ``need to know'' basis.

Retention and disposal:
In the Office of the General Counsel, correspondence records prior to 1975, relating to a veteran, which result in a legal opinion have been placed on microfiche, and the paper records are currently stored in the Washington National Records Center. Reference copies on microfiche are available for use in the Law Library. In the future, as these records are microfiched, no paper records will be retained. All other system records concerning veterans are kept for two years in the Office of General Counsel. Thereafter, these records are maintained for 3 years by the VACO Record Management Section and then destroyed. All other records that deal with matter of legal opinions and precedent are maintained permanently. Records in District Counsel Offices are maintained for a period of 2 years and thereafter destroyed.

System manager(s) and address:
Asistant General Counsel (026), Office of General Counsel, VA Central Office, Washington, DC 20420.

Notification procedure:
An individual who wishes to determine whether a record is being maintained by the Assistant General Counsel (026) under his or her name or other personal identifier or wants to determine the contents of such records should submit a written request or apply in person to the Assistant General Counsel (026).

Record access procedures:
An individual who seeks access to or wishes to contest records maintained under his or her name or other personal identifier may write or call or visit the Assistant General Counsel (026).

Contesting record procedures:
(See Record Access Procedures above.)

Record source categories:
Individuals (veterans, nonveterans), attorneys, employees, members of Congress, VA officials requesting legal opinions and VA records.

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