Introduction This topic contains information on providing assistance in obtaining or private records, including VA’s duty to obtain relevant non-Federal or private records definition of reasonable efforts to obtain relevant non-Federal or private records, and assisting in obtaining third party records. Change Date January 15, 2016 a. VA’s Duty to Obtain Relevant or Private Records VA must make reasonable efforts to assist a claimant in obtaining relevant non-Federal or private records from all sources that the claimant adequately identifies. Note: VA has a duty to return for clarification unclear or insufficient private or VA medical records if it appears that a request for clarification could provide relevant information necessary to properly decide a claim. If VA does not obtain clarification, then it must explain why such clarification is unreasonable. References: For more information on circumstances when VA may refrain from providing assistance, see M21-1, Part I, 1.A.3.b returning unclear or insufficient private or VA medical records for clarification, see , 24 Vet.App. 259 (2011), and the definition of reasonable efforts, see M21-1, Part I, 1.C.2.b. b. Definition: Reasonable Efforts to Obtain Relevant Private Records Reasonable efforts to obtain relevant private records that are not in the custody of a Federal department or agency include making an initial request for such evidence, and at least one follow-up request if no response is received from the custodian of the records unless a response to the initial request indicates that the records do not exist, or a follow-up request would be futile. If VA receives information showing that subsequent requests to a different custodian of the records could result in obtaining the records sought, then reasonable efforts include making an initial request to the new source, and at least one follow-up request to the new source if the records are not received.
5. Notification of Inability to Obtain Records Introduction This contains general information on VA’s obligation to notify the claimant of the inability to obtain records, including notification requirements of inability to obtain private records, and Federal records. Change Date January 15, 2016 a. Notification Requirements of Inability to Obtain Private Records VA has a duty under and to notify claimants of the inability to obtain any relevant private records that are identified by the claimant and necessary to substantiate a claim. If VA has made reasonable efforts to obtain relevant private records identified by the claimant, and such records are not obtained, decision makers must ensure that claimants receive the appropriate notification. The notification must identify the records that were not obtained briefly explain the efforts made to obtain the records describe any further action that will be taken with respect to the claim including follow-up requests and that VA is processing the claim based on the evidence of record, and indicate that the claimant is ultimately responsible for providing the evidence. Note: The required notification of inability to obtain private records may also be sent by the VSR at the same time VA its final attempt to obtain the records. References: For more information on sending notice of private medical record unavailability, see M21-1, Part III, Subpart iii, 1.C.3.g, and evidence requested from the claimant, see M21-1, Part III, Subpart iii, 1.B. b. Notification Requirements of Inability to Obtain Federal Records VA has the duty under to notify claimants of the inability to obtain relevant Federal records that are necessary to substantiate a claim.