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. January 15, 2016 Change Date a. Notification VA has a duty under and to notify claimants of the inability to obtain any Requirements relevant that are identified by the claimant and necessary to private records of Inability to substantiate a claim. Obtain Private Records 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. The required notification of inability to obtain private records may also Note: be sent by the VSR at the same time VA its final attempt to obtain the records. For more information on References: 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 VA has the duty under to notify claimants of the inability to obtain relevant Requirements that are necessary to substantiate a claim. Federal records of Inability to Obtain Federal Records
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.
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