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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices of the names and addresses of Veterans and their dependents from VA records under this routine use must also comply with the provisions of 38 U.S.C. 5701.
3. VA may disclose information in the course of presenting evidence to a court, magistrate, or administrative tribunal; 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.
4. VA may disclose information to a fiduciary or guardian ad litem in relation to his or her representation of a claimant in any legal proceeding as relevant and necessary to fulfill the duties of the fiduciary or guardian ad litem.
5. VA may disclose information to attorneys, insurance companies, employers, third parties liable or potentially liable under health plan contracts, and courts, boards, or commissions as relevant and necessary to aid VA in the preparation, presentation, and prosecution of claims authorized by law.
6. VA may disclose information to the Department of Justice DoJ, or in a proceeding before a court, adjudicative body, or other administrative body before which VA is authorized to appear, when:
e VA or any component thereof;
f Any VA employee in his or her official capacity;
g Any VA employee in his or her official capacity where DoJ has agreed to represent the employee; or h The United States, where VA
determines that litigation is likely to affect the agency or any of its components, is a party to such proceedings or has an interest in such proceedings, and VA determines that use of such records is relevant and necessary to the proceedings.
7. VA may disclose information to NARA in records management inspections conducted under 44 U.S.C.
2904 and 2906, or other functions authorized by laws and policies governing NARA operations and VA
records management responsibilities.
8. VA may disclose names and addresses of present or former members of the armed services or their beneficiaries: 1 To a nonprofit organization if the release is directly connected with the conduct of programs and the utilization of benefits under Title 38, or 2 to any criminal or civil law enforcement governmental agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified
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representative of such organization, agency, or instrumentality has made a written request for such names or addresses be provided for a purpose authorized by law, provided that the records will not be used for any purpose other than that stated in the request and that the organization, agency, or instrumentality is aware of the penalty provision of 38 U.S.C. 5701f.
9. VA may disclose information as is reasonably necessary to identify such individual or concerning that individuals indebtedness to the United States by virtue of the persons participation in a benefits program administered by the Department, to a consumer reporting agency for the purpose of locating the individual, obtaining a consumer report to determine the ability of the individual to repay an indebtedness to the United States, or assisting in the collection of such indebtedness, provided that the provisions of 38 U.S.C. 57019g2 and 4 have been met.
10. VA may disclose information to contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for VA, when reasonably necessary to accomplish an agency function related to the records.
11. VA may disclose information to a Member of Congress or staff acting upon the Members behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record.
12. Disclosure to other Federal agencies may be made to assist such agencies in preventing and detecting possible fraud or abuse by individuals in their operations and programs.
13. VA may disclose any information or records 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 to individuals, VA
including its information systems, programs, and operations, the Federal Government, or national security; and 3 the disclosure made to such agencies, entities, or persons reasonably necessary to assist in connection with VA efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
14. VA may disclose identifying information, including Social Security Number of Veterans, spouses of Veterans, dependents of Veterans, and non-Veterans may be disclosed to other Federal and/or State agencies for
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purposes of conducting computer matches, to obtain information to determine or verify eligibility of Veterans or non-Veterans who are receiving VA benefits or medical care under Title 38 U.S.C. or VAs Fourth Mission.
15. VA may disclose the name and VHIC image of a missing patient from a VA health care facility to local law enforcement for the purpose of assisting in locating the missing patient.
16. 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records are maintained on magnetic tape, magnetic disk, optical disk and paper at the HEC, VHIC databases, VA
medical centers, the 3M Cogent, Inc.
databases, AITC, contract facilities, and at Federal Record Centers. In most cases, copies of back-up computer files are maintained at off-site locations and/
or agencies with whom VA has a contract or agreement to perform such services, as VA may deem practicable.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Records are retrieved by name, and/or Social Security Number, ICN, EDIPI, military service number, claim folder number, correspondence tracking number, internal record number, facility number, or other assigned identifiers of the individuals on whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

Per Records Control Schedule RCS
101 January 2020; use Health Eligibility Center disposition schedules 1250.1, 1250.2 and 1250.3. For 1250.1, destroy 7 years after the income year for which the means test verification was conducted, when all phases of Veterans appeal rights have ended. If an appeal is filed, retain record until all phases of the appeal have ended; 1250.2, destroy 30 days after the data has been validated as being a true copy of the original data;
and 1250.3, destroy when no longer needed.

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