§515 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may settle money-damage claims against the United States that fall under 28 U.S.C. 1346(b), 28 U.S.C. 2672, or 38 U.S.C. 7316, but only if the Attorney General gives that authority. The Attorney General cannot give the Secretary more power than the Attorney General gives U.S. attorneys. “Settle” here means review and decide a claim, either allowing it fully, partly, or denying it. The Secretary may also pay tort claims that happen in foreign countries because of Department activities, using the payment process allowed under the first paragraph of 28 U.S.C. 2672. A claim must be sent in writing to the Secretary within two years after the claim accrues.

Title 38, §515

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States.

(2)For purposes of this subsection, the term “settle”, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.

(b)The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 224 and 236 of this title prior to repeal by Pub. L. 102–83, § 2(a).

Statutory Notes and Related Subsidiaries

Department of Veterans Affairs Requirement To Provide Certain Notice to Persons Filing Claims for Damage, Injury, or Death on Standard Form 95 Pub. L. 116–315, title VII, § 7010, Jan. 5, 2021, 134 Stat. 5061, provided that: “Not later than 90 days after the date on which a person submits to the Secretary of Veterans Affairs a claim for damage, injury, or death on Standard Form 95, or any successor form, the Secretary shall provide to such person notice of each of the following: “(1) The benefit of obtaining legal advice concerning such claim. “(2) The employment status of any individual listed on the form. “(3) If the claim involves a contractor that entered into an agreement with the Secretary, the importance of obtaining legal advice as to the statute of limitations regarding the claim in the State in which the claim arose.”

§515 Administrative Settlement of Tort Claims