exhibit: letter. Change Date January 15, 2016 a. VA’s Responsibility to Assist Claimants in Obtaining Evidence VA assists claimants in establishing entitlement to benefits by making reasonable efforts to obtain evidence needed to support a claim, whether that evidence is held by a Federal or non-Federal entity. References: For additional information on VA’s duty to assist, see assisting with Federal records, see M21-1, Part I, 1.C.1, and assisting with non-Federal records or private records, see M21-1, Part I, 1.C.2. b. Standard Procedure for Requesting Records From a Federal Entity The table below describes the standard procedure for requesting records from a Federal entity. This includes records in the custody of service departments the Social Security Administration (SSA) the Office of Workers’ Compensation Vet Centers, and VA medical center (VAMC) records inaccessible through the Compensation and Pension Record Exchange (CAPRI) as defined in Part III, Subpart iii, 1.C.4.a. Exception: The procedure described in the table below is not for application in the situations described in M21-1, Part III, Subpart iii, 1.C.2.c. Important: The procedure described in the table below represents the minimum efforts VA must make in order to comply with the duty-to-assist requirements in . If there is a reasonable expectation that development actions beyond those described in the table below could result in the procurement of records to support a pending claim, such additional actions should be taken. If VA obtains the records at any point in this procedure stop taking the steps described in the table below, and decide the as soon as all other development actions are complete. Requests for records held by a Federal entity require priority handling under the circumstances described in M21-1, Part III, Subpart iii, 2.I.1. When priority handling is required, flag the corresponding claims folder at the development stage. Step Action 1 Send a request for Federal records to the appropriate records custodian. Ask the custodian to respond within 30 days.
obtain the records and submit them to VA. the medical care provider requires a VA Form 21-4142 with an original signature, and the VA Form 21-4142 in the claims folder has an original signature make a photocopy of the VA Form 21-4142 (with the original signature) and retain it in the claims folder send the medical care provider a letter containing the paragraphs labeled in MAP-D: Private treatment records – 15-day notification – Provider, or in VBMS: Initial Private 3rd Party Letter, and VA Form 21-4142 (with the original signature) notify the claimant of the action and allow 15 days for a response. Note: At the end of the response period, the claim to the rating activity as soon as all other development is complete, regardless of whether or not the medical care provider responded. the medical care provider requires a VA Form 21-4142 with an original signature, and the VA Form 21-4142 in the claims folder does not have an original signature, or the claimant has an electronic claims folder (eFolder) instead of a claims folder prepare a letter containing the paragraphs labeled Private treatment records – 15-day notification – Claimant change the time limit for responding to the letter to 30 days send the letter to the claimant, and allow 30 days for a response. If the claimant to respond to the request for private medical records within 30 days, route his/her claim to the rating activity as soon as all other development is complete. If the claimant returns VA Form 21-4142 to VA with an original signature instead of obtaining the records him/herself, follow the instructions in M21-1, Part III, Subpart iii, 1.C.3.e.
folder through CM. A VA Form 21-4142 with an original signature will not be returned to the ROs. Reference: For more information on Reject Notices created by the PMR contractor, see M21-1, Part III, Subpart iii, 1.C.5.c 6. Exhibit 1: PMR Portal Checklist Change Date June 10, 2015 a. Exhibit 1: PMR Portal Checklist Shown below is the checklist utilized, on a daily basis, by designated VA personnel to list the activities that are completed in the PMR portal.
Do not request interim or special reports from a hospital until after the Veteran has discharged. If the MTF responds that the records have been retired, ROs must attempt to obtain the records from NPRC. References: For more information on how to locate an MTF, see requesting MTF clinical records from NPRC, see M21-1, Part III, Subpart iii, 2.A.2.c, and locating inpatient MTF clinical records, see M21-1, Part III, Subpart iii, 2.B.3.d. 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 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 January 29, 2016 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 for increased benefits or informal claim to reopen a finally adjudicated 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. Reference: For more information on finally adjudicated claims, see
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 Assigning a 100-Percent Disability Rating Under 38 CFR 4.29 Take the action described in the table below if VA receives a notice of discharge after assigning a temporary, 100-percent disability rating under (based on hospitalization in excess of 21 days), and has not awarded the Veteran compensation because he/she is receiving military retired pay. If the Veteran has ... Then ... a paper claims folder reverse-file the notice of discharge in the center section of the claims folder, so that the notice remains on top of all subsequently filed material until the rating activity takes action on the hospital report. an eFolder consider, as an option, editing the properties of the electronic copy of the notice of discharge so as to highlight its importance for subsequent viewers. This may be accomplished by entering a phrase similar to one of the following in the SUBJECT field Received a notice of discharge assigning a disability rating, or Veteran not awarded compensation because he/she is receiving military retired pay. Rationale: Taking one of the actions described in the table above will provide a reminder that, pending completion of rating action, the 100-percent rate may not be paid beyond the last day of the month in which the hospitalization or period of convalescence ended. Reference: For more information about editing the properties of documents in Virtual VA, see the , or VBMS, see the .
10. Loyalty Clearances Introduction This topic contains information on loyalty clearances, including situations in which VA requires a loyalty clearance general guidelines on when to request a loyalty clearance circumstances under which VA does not require a loyalty clearance territories and the dates hostilities ended information required from a claimant to obtain a loyalty clearance information to request from the Office of Special Consular Services obtaining a loyalty clearance in Philippine cases, and action to take when records indicate an investigation is underway. Change Date June 10, 2015 a. Situations in Which VA Requires a Loyalty Clearance Obtain a loyalty clearance if VA declares a forfeiture of benefits by reason of a treasonable act under , or it is required in connection with payments to an alien under . b. General Guidelines on When to Request a Loyalty Clearance Do not routinely request a loyalty clearance merely because the claimant resided in a territory of, or a territory under the control of, an enemy of the U.S. during World War II, unless the claimant resided in the Philippines. In other than Philippine cases, request a loyalty clearance only if the evidence of record indicates the claimant may have rendered, or was in a position to render, assistance to an enemy of the U.S. Reference: For more information about obtaining loyalty clearances in Philippine cases, see M21-1, Part III, Subpart iii, 1.C.10.g, and all other cases, see M21-1, Part III, Subpart iii, 1.C.10.e. c. Circumstances Which VA Does Not Require a Loyalty Clearance VA does not require a loyalty clearance because of residence in an territory for a claimant who was under age 18 at the time hostilities ended in that area a regardless of age, who is in the custody of a surviving spouse, and for whom VA is paying benefits to the surviving spouse a claimant who resided in Guam during the Japanese occupation, and occupied