5 Make a follow-up request for the records. Ask the records custodian to respond within 15 days. Important: Attempt to make the follow-up request by telephone. If telephone contact cannot be made, mail the follow-up request to the records custodian. 6 Notify the claimant that VA has not yet received the records requested from the records custodian. Inform the claimant of the follow-up action VA took. Ask the claimant to provide any relevant service records in his/her possession. 7 Was telephone contact made with the records custodian in Step 5? If yes, proceed to the next step. If no, proceed to Step 12. 8 Document all successful attempts to contact the custodian, on a VA Form 27-0820, Report of General Information. If an attempt to contact the custodian is unsuccessful, document the action taken in VBMS or MAP-D note. 9 Did the records custodian indicate the requested records had already been shipped or would soon be shipped to VA? If yes, proceed to the next step. If no, return to Step 4. 10 Did VA receive records from the records custodian within 15 days of making the follow-up request? If yes, proceed to the next step. If no, proceed to Step 13. 11 Did VA receive all of the records it requested from the records custodian? If yes, proceed no further. If no, return to Step 5. 12 Did the records custodian respond to the follow-up request within 15 days? If yes, return to Step 3. If no, proceed to the next step.
3. Requesting Evidence From Sources Other Than VA Introduction This topic contains information on requesting evidence from sources other than VA, including authorization required by private health care provider (PHP) VA Forms 21-4142 and 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs (VA) expiration of VA Forms 21-4142 development actions related to VA Forms 21-4142 and 21-4142a general information about the Health Insurance Portability and Accountability Act (HIPAA) HIPAA’s impact on the Veterans Benefits Administration (VBA) covered entities under HIPAA request for buddy statements, and requests for medical records from SSA. Change Date June 10, 2015 a. Authorization Required by a PHP Treatment received from private healthcare providers (PHPs) are often identified as relevant to a claim. The PHP who holds these records will not release the treatment records without a Health Insurance Portability and Accountability Act (HIPAA) compliant authorization statement signed by the individual who is the subject of the information. When VAis attempting to secure the private medical records (PMR) on the claimant’s behalf, the claimant should provide an authorization form that is acceptable to the records holder by using the following VA Form 21-4142, General Release for Medical Provider Information to the Department of Veterans Affairs (VA), and VA Form 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs (VA), or Special authorization form prescribed by the PHP. Note: If VA Forms 21-4142 and 21-4142a or other required PHP authorization forms are not of record, send a request to the claimant, fiduciary, or next of kin, as appropriate. References: For more information on HIPAA privacy rule, see M21-1 Part III, Subpart iii, 1.C.3.e, and VA Forms 21-4142 and 21-4142a, see M21-1 Part III, Subpart iii, 1.C.3.b.
Do not request interim or special reports from a hospital until after the Veteran has discharged. Reference: For more information on how to locate an MTF, see 9. Action To Take Upon Receipt of Medical Evidence From an MTF Introduction This topic contains information on the action to take upon receipt of medical evidence from an MTF, including accepting medical evidence from an MTF as an informal claim prior to March 24, 2015 when to undertake additional development, and handling a notice of discharge after assigning a 100-percent disability rating under . Change Date June 10, 2015 a. Accepting Medical Evidence From an MTF as an Informal Claim Prior to March 24, 2015 Prior to March 24, 2015, 38 CFR 3.157(b) (rescinded) and required VA to accept medical evidence received from an MTF as an informal claim, and/or election of VA benefits, and take any appropriate rating action, even if the Veteran has not submitted a formal election of VA benefits. b. When to Undertake Additional Development Obtain additional information or evidence from sources other than an MTF if the medical evidence obtained from an MTF is inadequate for VA rating purposes, and/or additional information or evidence is required to make an equitable decision. Note: A VA examination may be authorized for this purpose. c. Handling a Notice of Discharge After Assigning a Take the action described in the table below if VA receives a notice of discharge after assigning a temporary, 100-percent
Change Date February 13, 2012 a. Countries on the Treasury Department List The Treasury Department maintains a list of countries to which it will not send a Treasury check because there is no reasonable assurance the payee will actually receive and be able to negotiate the check for full value. The countries to which the Treasury Department will not send a Treasury check are Democratic People’s Republic of Korea (North Korea), and Republic of Cuba (Cuba). References: For information on the current Treasury Department list, see services the Department of State provides to VA, see M21-1, Part III, Subpart iii, 1.C.14, and sanctions programs and country information, see the . b. With Persons in Listed Countries There is no prohibition against development and adjudication of claims filed by persons residing in listed countries. ROs may send correspondence to individuals living in the listed countries even if there is reasonable doubt they will receive the mail. Note: In correspondence issued outside VA, use the term “listed” countries. Do not use the terms “Iron Curtain” or “blocked” country. c. Developing Claims From Residents of Listed Countries Currently, the Department of State does not maintain offices in most of the countries on the Treasury Department list. Develop and adjudicate an original or reopened claim if a claimant residing in a listed country, on his/her own initiative requests that benefit payments bear a foreign address in a country that is not on the list, and be sent via direct deposit, or specifies the Foreign Service post to which VA should send benefit checks, and that the claimant will take delivery of the checks at the Foreign Service post in person. Note: Limit claims development to listed countries without a State Department office to direct correspondence with the claimant only.