If yes, return to Step 3. If no, proceed to the next step. 10 Attempt to contact the claimant and the records custodian by telephone. Follow the instructions in the table below. 11 Did the records custodian respond within 10 days? If yes, return to Step 3. If no, prepare a final-attempt letter as shown in M21-1, Part III, Subpart iii,1.C.2.e allow the claimant 10 days to respond, and then proceed to the next step. Exception: For documenting the unavailability of VA records, see M21-1, Part III, Subpart iii, 1.C.4.f. 12 Did the claimant respond to the letter? If yes, review the response to determine if any additional action should be taken. If no, decide the once all other development actions are complete. References: For more information about submitting requests for records to SSA, see M21-1, Part III, Subpart iii, 1.C.3.l, and M21-1, Part III, Subpart iii, 3.A, or Federal and State agencies, see M21-1, Part III, Subpart iii, 4.
References: For more information on requesting Vet Center records, see M21-1, Part III, Subpart iii, 1.C.4.g exceptions regarding versions of VA Form 21-4142, see M21-1, Part III, Subpart iii, 1.C.3.b, and the PMR program, see M21-1, Part III, Subpart iii, 1.C.5. e. Procedure for Requesting Medical Records For Non-PMR Program ROs Follow the steps in the table below to request medical records from sources other than VA. Important: procedures apply only to ROs not participating in the PMR Program. Step Action 1 Prepare and send a request for any medical records that the claimant has identified, and are relevant to his/her claim. Attach to the original letter VA Form 21-4142, signed by the claimant, and an extra copy of the letter. Advise the custodian of the records that VA cannot pay for records it requests. Note: When creating the letter in MAP-D, select the Private Treatment Records 15-Day Notification – Provider paragraph, or VBMS, select the Notice – VA Is Contacting Provider for Med Rcds letter. 2 Notify the claimant that VA made the request, and he/she is ultimately responsible for ensuring VA receives the records. 3 Establish a suspense date that expires 15 days from the current date. 4 Did VA receive the records it requested within 15 days? If yes, route the claim to the rating activity as soon as all other development is complete, and proceed no further. If no, make one attempt to request the records from custodian by telephone. 5 Was telephone contact made with the custodian of the records?
an RO receives notice that a Veteran has been admitted to a VA medical facility request/retrieve any necessary reports or hospital summaries through CAPRI. Note: Users may request/retrieve progress notes or hospital summaries for a range of dates through CAPRI. an RO receives notice that a Veteran has been admitted to a non-VA medical facility that provides services under a VA contract retrieve any necessary reports or hospital summaries through the AWIV Web application. If records in AWIV are not inclusive, contact the contracted facility to request a complete copy of the Veteran’s treatment records. Reference: For more information on AWIVsee , and a Veteran has received treatment at a VAMC and/or outpatient clinic, and a summary of that treatment is relevant to a pending claim request/retrieve a summary of treatment through CAPRI dating one year prior to the date of claim (DOC) and/or any other dates indicated by the claimant as relevant to the claim. If images were created as part of the Veteran’s treatment at the VA facility, ROs must attempt to access these images through the . The RO must associate any recent VA medical records into the claims folder before routing the claims folder for rating activity review and consideration. Reference: For more information on the requirement to obtain VA medical records, see M21-1, Part III, Subpart iii, 1.C.4.a. a Veteran’s VA medical records are not accessible through or AWIV, and the RO determines relevant records likely exist request the records using the electronic VA Form 10-7131, in CAPRI, and follow the Federal records procedures outlined in M21-1, Part III, Subpart iii, 1.C.2.b. Important:
f. Information to Request From the Office of Special Consular Services Through appropriate correspondence with the Office of Special Consular Services, Department of State, request assistance in obtaining any evidence as to whether or not the claimant has ever been found guilty of the offenses in , or was a member of the Fascist or Nazi parties, including information as to whether such membership was discontinued and, if so, the date of discontinuation of membership. g. Obtaining a Loyalty Clearance in Philippine Cases If a loyalty clearance is required in a Philippine case ask the claimant to complete VA Form 21-4169, Supplement to VA Forms 21-526, 21-534, and 21-535 (For Philippine Claims), and use the information furnished by the Department of the Army, based on Counter Intelligence Corps and other records, as a basis for the loyalty clearance. Note: A report from these sources that no derogatory information is available relative to the guilt of the claimant or the Veteran will sustain a presumption of innocence for adjudicative purposes or until evidence is received indicating guilt of one of the offenses in . Reference: For more information on obtaining loyalty information in Philippine see M21-1, Part III, Subpart vi, 4.C.6. h. Action to Take When Records Indicate an Investigation Is Underway When records show the Department of State has already initiated an investigation under do not make a specific request for such investigation, and establish local control for receipt of the report. 11. Authentication of Foreign Documents Under 38 CFR 3.202
Introduction This contains information about the authentication of foreign documents under 38 CFR 3.202, including when authentication of a foreign document is required when authentication of a foreign document is not required requesting authentication of foreign documents at the Pittsburgh RO or Philadelphia Pension Management Center (PMC) requesting authentication of foreign documents at all ROs, and action to take when the Benefits Assistance Service (BAS) is unable to obtain authentication. Change Date June 10, 2015 a. When Authentication of a Foreign Document Is Required Except as provided in M21-1, Part III, Subpart iii, 1.C.11.b, if an affidavit or document is executed by or before an official in a foreign country, the signature of that official must be authenticated by a U.S. consular officer in that jurisdiction, or the Department of State. b. When Authentication of a Foreign Document Is Not Required Authentication of a foreign document is not required if the Deputy Minister of Veterans Affairs, Veterans Affairs Canada (VAC), submitted and approved the document the attesting officer is authorized to administer for general purposes and the document bears that officer’s signature and seal the document is executed before a VA employee located in a foreign country who is authorized to administer oaths, or a copy of a public or church record from any foreign country purports to establish birth, marriage, divorce, or death, provided the record bears the signature and seal of the custodian of such record, and is no reason to doubt the correctness of information shown on the record.