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 VA must make reasonable efforts to assist a claimant in obtaining relevant Obtain non-Federal or private records from all sources that the claimant adequately Relevant identifies. or Private Records VA has a duty to return for clarification unclear or insufficient private Note: 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. For more information on References: 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. that are not in the b. Definition: Reasonable efforts to obtain relevant private records Reasonable custody of a Federal department or agency include making Efforts to Obtain an initial request for such evidence, and Relevant at least one follow-up request if no response is received from the custodian Private Records of the records a response to the initial request indicates that unless the records do exist, or not 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 include making reasonable efforts an initial request to the new source, and at least one follow-up request to the new source if the records are not received.
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.
1-15-16_Key%20Changes_M21-1I_1_SecC.docx