38 CFR § 42.5 - Review by the reviewing official.
---
identifier: "/us/cfr/t38/s42.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 42.5 - Review by the reviewing official."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "42.5"
section_name: "Review by the reviewing official."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "42"
part_name: "STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, codified at 31 U.S.C. 3801-3812."
regulatory_source: "53 FR 16710, May 11, 1988, unless otherwise noted."
cfr_part: "42"
---
# 42.5 Review by the reviewing official.
(a) The report of the investigating official will be examined by the reviewing official to determine if there is adequate evidence to believe a person is liable under § 42.3 of this part. The review will be completed within 90 days.
(b) If, based on the report of the investigating official under § 42.4(b) of this part, the reviewing official determines that there is adequate evidence to believe that a person is liable under § 42.3 of this part, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under § 42.7 of this part.
(c) The notice shall include—
(1) A statement of the reviewing official's reasons for issuing a complaint;
(2) A statement specifying the evidence that supports the allegations of liability;
(3) A description of the claims or statements upon which the allegations of liability are based;
(4) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of § 42.3 of this part;
(5) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and
(6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.
(d) If the reviewing official finds that there is not adequate evidence that a person is liable, the reviewing official will inform the department or office of the Department of Veterans Affairs concerned with the claim or statement and the investigating official.