Step Action 1 Close out the tracked item, if relevant, using the date the RO determined the records do not exist or are irretrievable as the close-out date. Prepare a that contains the following VA Form 27-0820 a statement by the VSR certifying that relevant medical records at [insert name of VAMC] for the period [insert do not exist date range of treatment] the name and title, and VSR’s the date the VSR completed the form. Place the in the claims folder or upload it VA Form 27-0820 into the eFolder. claimant’s 2 The decision maker must free text the following into the evidence section of the rating decision: [insert We have been unable to obtain records from name of VAMC] [insert date range of for the period treatment]. We have determined that these records do not exist. We will now make a decision based on the evidence of record. 3 If using the ADL process, the VSR must ensure the unavailable records are listed in the Evidence Considered section of the decision notice. If generating the decision notice through PCGL, the VSR must ensure the rating decision with the free texted evidence from Step 2 is attached to the decision notice. For more information on References: the notice of inability to obtain Federal records, see M21-1, Part I, 1.C.5.b the section of the rating decision, see M21-1, Part III, Subpart iv, Evidence 6.C.4, and decision notices, see M21-1, Part III, Subpart v, 2.B. Vet Center medical records are considered Federal records in h. Obtaining VA’s Records From constructive custody. These records are retrievable through CAPRI not a Vet Center because the Vet Center provides mental health services that are protected under HIPAA. When a Veteran has been treated at a Vet Center, ROs must obtain a completed and VA Form 21-4142 VA Form 21-4142a follow the steps for Federal records development outlined in M21-1 Part III, Subpart iii, 1.C.2.b, and send the final-attempt letter shown in M21-1, Part III, Subpart iii, 1.C.2.e when Vet Center records are unobtainable. take any additional action if the claimant does not Important: Do not authorize the release of the Vet Center records.
Step Action 1 Close out the tracked item, if relevant, using the date the RO determined the records do not exist or are irretrievable as the close-out date. Prepare a VA Form 27-0820 that contains the following a statement by the VSR certifying that relevant medical records at [insert name of VAMC] for the period [insert date range of treatment] do not exist the VSR’s name and title, and the date the VSR completed the form. Place the VA Form 27-0820 in the claims folder or upload it into the claimant’s eFolder. 2 The decision maker must free text the following into the evidence section of the rating decision: We have been unable to obtain records from [insert name of VAMC] for the period [insert date range of treatment]. We have determined that these records do not exist. We will now make a decision based on the evidence of record. 3 If using the ADL process, the VSR must ensure the unavailable records are listed in the Evidence Considered section of the decision notice. If generating the decision notice through PCGL, the VSR must ensure the rating decision with the free texted evidence from Step 2 is attached to the decision notice. References: For more information on the notice of inability to obtain Federal records, see M21-1, Part I, 1.C.5.b the Evidence section of the rating decision, see M21-1, Part III, Subpart iv, 6.C.4, and decision notices, see M21-1, Part III, Subpart v, 2.B. h. Obtaining Records From a Vet Center Vet Center medical records are considered Federal records in VA’s constructive custody. These records are not retrievable through CAPRI because the Vet Center provides mental health services that are protected under HIPAA. When a Veteran has been treated at a Vet Center, ROs must obtain a completed VA Form 21-4142 and VA Form 21-4142a follow the steps for Federal records development outlined in M21-1 Part III, Subpart iii, 1.C.2.b, and send the final-attempt letter shown in M21-1, Part III, Subpart iii, 1.C.2.e when Vet Center records are unobtainable. Important: Do not take any additional action if the claimant does not authorize the release of the Vet Center records.
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