# 38 CFR § 14.808: Expert or opinion testimony > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-14.808 ## Section - **Citation:** 38 CFR § 14.808 - **Heading:** Expert or opinion testimony - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 14—LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS > Testimony of Department Personnel and Production of Department Records in Legal Proceedings ## Text (a) VA personnel shall not provide, with or without compensation, opinion or expert testimony in any legal proceedings concerning official VA information, subjects or activities, except on behalf of the United States or a party represented by the United States Department of Justice. Upon a showing by the requester or court or other appropriate authority that, in light of the factors listed in § 14.804, there are exceptional circumstances and that the anticipated testimony will not be adverse to the interests of the Department of Veterans Affairs or to the United States, the responsible VA official designated in § 14.807(b) may, in writing, grant special authorization for VA personnel to appear and testify. If, despite the final determination of the responsible VA official, a court of competent jurisdiction or other appropriate authority, orders the expert or opinion testimony of VA personnel, the personnel shall notify the responsible VA official of such order. If the responsible VA official determines that no further legal review of or challenge to the order will be sought, the affected VA personnel shall comply with the order. If directed by the appropriate VA official after consultation with the appropriate United States Attorney's office, however, the affected VA personnel shall respectfully decline to comply with the demand, request or order. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). (b)(1) If, while testifying in any legal proceeding, VA personnel are asked for expert or opinion testimony concerning official VA information, subjects or activities, which testimony has not been approved in advance in accordance with these regulations, the witness shall: (i) Respectfully decline to answer on the grounds that such expert or opinion testimony is forbidden by these regulations; (ii) Request an opportunity to consult with the responsible VA official mentioned in § 14.807(b) before giving such testimony; (iii) Explain that, upon such consultation, approval for such testimony may be provided; and (iv) Explain that providing such testimony absent such approval may expose the individual to criminal liability under 18 U.S.C. 201-209 and to disciplinary or other adverse personnel action. (2) If the witness is then ordered by the body conducting the proceeding to provide expert or opinion testimony concerning official VA information, subjects or activities without the opportunity to consult with the appropriate VA official, the witness respectfully shall refuse to do so. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). (c) Upon notification by the witness of a request for opinion or expert testimony concerning official VA information, subjects or activities during § 14.802(d) legal proceedings, the responsible VA official shall follow the procedures contained in this section to determine whether such testimony shall be approved. (d) If VA personnel who are unaware of these regulations provide expert or opinion testimony concerning official VA information, subjects or activities in any legal proceeding, including one mentioned in § 14.802(d) in which the United States is not already represented, without consulting with the responsible VA official, the witness, as soon after testifying as possible, shall inform the responsible VA official of the fact that such testimony was given and provide a summary of the expert or opinion testimony given. (Authority: 38 U.S.C. 501 (a) and (b); 5 U.S.C. 301) ## Nearby sections - [38 CFR § 14.514 § 14.514 Suits by or against United States or Department of Veterans Affairs officials; indemnification of Department of Veterans Affairs employees.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.514.md) - [38 CFR § 14.515 § 14.515 Suits involving loan guaranty matters.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.515.md) - [38 CFR § 14.516 § 14.516 Escheat and post fund cases.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.516.md) - [38 CFR § 14.517 § 14.517 Cases affecting the Department of Veterans Affairs generally.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.517.md) - [38 CFR § 14.518 § 14.518 Litigation involving beneficiaries in custody of Department of Veterans Affairs employees acting in official capacity.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.518.md) - [38 CFR § 14.560 § 14.560 Procedure where violation of penal statutes is involved including those offenses coming within the purview of the Assimilative Crime Act (18 U.S.C. 13).](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.560.md) - [38 CFR § 14.561 § 14.561 Administrative action prior to submission.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.561.md) - [38 CFR § 14.562 § 14.562 Collections or adjustments.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.562.md) - [38 CFR § 14.600 § 14.600 Federal Tort Claims Act—general.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.600.md) - [38 CFR § 14.601 § 14.601 Investigation and development.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.601.md) - [38 CFR § 14.602 § 14.602 Requests for medical information.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.602.md) - [38 CFR § 14.603 § 14.603 Disposition of claims.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.603.md) - [38 CFR § 14.604 § 14.604 Filing a claim.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.604.md) - [38 CFR § 14.605 § 14.605 Suits against Department of Veterans Affairs employees arising out of a wrongful act or omission or based upon medical care and treatment furnished in or for the Veterans Health Administration.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.605.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-14.808. Check the current official text before relying on it. Not legal advice.