Cecily Zamora
Lawyers often need to request VA records for their clients, especially when filing personal injury or medical malpractice lawsuits, defending insurance companies, or representing veterans in disability benefit claims. The process for requesting VA records differs from that of non-VA hospitals and doctor offices. To request medical records from the VA, attorneys must use the proper forms, such as the recently updated VHA 10-5345 Request for and Authorization to Release Health Information, which is HIPAA-compliant and requires specific details about the veteran. Additionally, the VA provides a standard form for requesting billing records for personal injury or Workers' Compensation claims, titled Request for VA Billing. It is important to get the names and locations of all VA medical facilities where the veteran received treatment to ensure proper record retrieval. The Privacy Act of 1974 grants individuals access to their records unless one of the ten exemptions applies, and requests can be made by mail or electronically with proper identification.
| Characteristics | Values |
|---|---|
| Record type | Military service records, medical records, billing records, compensation and pension records, VHA health records, Vocational Rehabilitation & Employment records, Insurance records, Loan Guaranty records, Education Service records |
| Record format | Online, mail, fax |
| Record retrieval time | 30 days |
| Record retrieval specialist | Yes |
| Record retrieval form | VA Form 20-10206, Freedom of Information Act (FOIA) or Privacy Act (PA) Request, Standard Form 180, Form VHA 10-5345 Request for and Authorization to Release Health Information, Request for VA Billing |
| Record retrieval requirements | Signed request, full name, date of birth, place of birth, Social Security number, C-File number, death certificate or other public record of the veteran's death, identity-verified ID.me account, "live selfie" photo |
| Record retrieval cost | Reasonable charges of the health care provider for the service of maintaining, retrieving, reviewing, preparing, copying, and mailing the items |
| Record retrieval exceptions | When the patient's treating physician, clinical psychologist, clinical social worker, or licensed professional counselor deems that furnishing the records would be reasonably likely to endanger the life or physical safety of the patient or another person, or cause substantial harm to a referenced person |
| Record retrieval for unaccredited attorneys | VA Form 21-22A |
| Record retrieval for accredited attorneys | VA Form 21-22A, VA accreditation |
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What You'll Learn
Requesting a veteran's medical records
Veterans can access their VA records and documents online to manage their benefits. They can also check the status of their VA disability, pension, and education benefits payments. To request a veteran's medical records, the first step is to contact the Department of Veterans Affairs (VA) to determine if the record is already on file. The VA can be reached at 1-800-827-1000.
Veterans can also request their records from the National Archives, which will send the request to the veteran's personnel command. The National Archives may ask for a copy of the veteran's death certificate or other public record of death. Requests can be made online, by mail, or by fax. The National Archives' eVetRecs tool can be used to request records online. To use this tool, the requester must sign in with an identity-verified ID.me account.
The Official Military Personnel Files (OMPF), held at the National Personnel Records Center (NPRC), contain administrative records about the subject's military service history, including health records. The Army and Air Force retired health records with the OMPF, while the Department of the Navy retired these files separately to the NPRC until the 1980s.
Veterans can also request a copy of their DD214 and other military service records from the National Archives. To do so, they must fill out a Request Pertaining to Military Records (Standard Form 180) and mail or fax it to the appropriate address or fax number.
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Understanding the correct forms
For lawyers seeking to request VA records, it is important to understand the correct forms to use, as there are specific procedures and requirements that must be followed. Here is an overview:
Privacy Act Requests:
To request non-public VA records, a lawyer can make a Freedom of Information Act (FOIA) Request. This typically involves submitting a completed VA Form 20-10206, which can be sent to the Centralized Support Division by mail or electronically. This form serves as a request for access to Privacy Act records, such as compensation and pension records. It is important to include identifying information, such as the individual's full name, date of birth, and place of birth.
Amendment Requests:
If a lawyer needs to amend an individual's VA record, they must submit an amendment request to the FOIA/Privacy Act Officer at the VA Regional Office serving the individual's jurisdiction. This process applies to amendments in areas such as Vocational Rehabilitation, Employment, Insurance, Loan Guaranty, or Education Service. The lawyer will need to include the individual's signed written request and identification information.
Health Records Requests:
Lawyers can request an individual's VA health records by submitting a completed VA Form 10-5345a, "Individuals' Request for a Copy of Their Own Health Information." This form can be submitted to the Release of Information Office at the VA medical facility where the individual receives care. Alternatively, the lawyer can request that VA release the health records to a third party, which requires a signed VA HIPAA-compliant authorization form.
Authorization to Release Health Information:
To authorize the release of an individual's health information to a third party outside of VA, lawyers can assist the individual in completing VA Form 10-5345, "Request for and Authorization to Release Health Information." This form allows for the disclosure of health information to non-VA entities or individuals.
It is important to note that VA record requests may have specific requirements or exceptions, and lawyers should review the relevant laws and regulations pertaining to VA records before initiating any requests. Additionally, in some cases, VA-accredited attorney status may be required to represent a claimant in proceedings before VA Regional Offices or related entities.
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Requesting a veteran's military service records
If the veteran was discharged less than 62 years ago, only limited information can be released to the public within the provisions of the Freedom of Information Act (FOIA) and the Privacy Act. In this case, the veteran's next of kin must authorize the request for their full military service record. To request military service records from the National Archives, you can submit a request online, by mail, or by fax. The request must include certain basic information, such as the date and place of birth, and must be signed and dated by the veteran or their next of kin. If the veteran is deceased, proof of death, such as a death certificate or obituary, must also be provided.
It is important to note that there is no charge for basic military personnel and medical record information provided to veterans, their next of kin, and authorized representatives from Federal (non-archival) records. However, some companies charge a fee for obtaining copies of DD Form 214. Additionally, there is a fee for records that are considered "Archival," which depends on the discharge date.
For lawyers requesting VA records on behalf of a veteran, it is important to note that VA will not recognize an unaccredited attorney as the representative of record. The lawyer must be accredited by VA and properly execute a VA Form 21-22a to be appointed as the representative of the veteran. Claimant information is protected by the Privacy Act, 5 U.S.C. § 552a, and by 38 U.S.C. §§ 5701 and 7332, and VA regulations. Section 5701 specifically states that all claimant records are confidential and prohibits disclosure with certain exceptions.
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Requesting a veteran's health records
Veterans can access their VA records and documents online and manage their benefits. They can also check the status of their VA disability, pension, and education benefits payments. Veterans can view and print documents from their official military personnel file (including their DD214). They can also find out how to get different types of identification cards to show their military status or their enrollment in VA healthcare.
Veterans can set up their personal health record and download medical records, reports, and images to share with their VA and non-VA doctors. They can also request access to their compensation, pension, benefit, or military records. If they need to file a medical claim, they should contact the Department of Veterans Affairs (VA) to determine if their record is already on file. The VA Toll-Free number is 1-800-827-1000, which will connect the caller to the nearest VA office. Veterans can also use eVetRecs to get copies of most health and medical records.
Official Military Personnel Files (OMPF), held at the National Personnel Records Center (NPRC), are administrative records containing information about the subject's military service history. Many OMPFs contain both personnel and former active-duty health records, but the service branches discontinued retiring the health record portion to the NPRC in the 1990s. In the past, all military services retired the individual health record, along with the personnel record, to the NPRC upon a service member's separation from service. The Army and Air Force retired health records with the OMPF, while the Department of the Navy (including the Navy, Marine Corps, and Coast Guard) retired these files separately to the NPRC until the 1980s. Health records cover the outpatient, dental, and mental health treatment that former members received while in military service.
Veterans can also review their medical records online through My HealtheVet. They can find answers to common questions about reviewing medical records online and learn about strict security policies and practices to protect their personal health information. If a veteran is a spouse, dependent, or survivor, they can review their medication records online if they are enrolled in the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA).
If a veteran retired or separated after January 1, 2014, paper copies of their Service Treatment Records (STRs) were digitized following their retirement or separation from the Armed Forces. If their STRs don't contain sensitive information, they will be available via their Patient Portal, either MHS GENESIS or TRICARE Online (TOL). To request a complete copy of their health record, veterans need to submit a Request Pertaining to Military Records (SF 180) to the applicable organization as identified on the form. Requests can also be made in person to their last home military hospital or clinic.
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Requesting a veteran's billing records
Veterans can access their VA billing records and other documents online to manage their benefits. They can view and print documents from their official military personnel file, including their DD214. They can also request access to their compensation, pension, benefit, or military records.
Veterans can also request their records from the National Archives, which will send the request to their personnel command. The National Archives opens all records to the public 62 years after discharge. If the veteran was discharged less than 62 years ago, only limited information can be requested from their Military Personnel File. Requests can be made online, by mail, or by fax. The veteran will need to fill out a Request Pertaining to Military Records (Standard Form 180) and mail or fax it to the appropriate address or fax number.
Veterans who plan to file a claim for medical benefits with the Department of Veterans Affairs (VA) do not need to request a copy of their military health record from the National Personnel Records Center (NPRC). After a claim is filed, the VA will obtain the original health record from the NPRC.
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Frequently asked questions
To request a veteran's medical records from the VA, a lawyer must submit a written request that complies with the requirements of subsection E of § 32.1-127.1:03. The request should include the veteran's personally identifiable information, such as their full name, date of birth, place of birth, and Social Security number or C-File number. The lawyer should also provide the names and locations of the VA facilities where the veteran received medical treatment.
The VA provides its own forms that meet its specific requirements for requesting records and authorizing their release. The veteran, their family member, or authorized representative must use these forms to obtain healthcare records from the VA. The most recent form is the VHA 10-5345 Request for and Authorization to Release Health Information, which is a 2-page HIPAA-compliant form. Another form that may be required is the VA Form 20-10206, Freedom of Information Act (FOIA) or Privacy Act (PA) Request.
Yes, there may be restrictions on a lawyer's access to a veteran's VA records. For example, if the veteran's treating physician or other mental health professional determines that releasing the records would endanger the veteran or another person, the records will not be furnished to the veteran or their lawyer. In such cases, the records can be furnished to the veteran's attorney or authorized insurer instead of the veteran. Additionally, claimant information is protected by the Privacy Act, 5 U.S.C. § 552a, and certain VA regulations, which prohibit disclosure except in specific circumstances.
