III.ii.2.F.1.e. Stages of Review and Development for Fire-Related Records | | The table below describes the stages of fire-related record development and the actions expected to be taken during each stage. | Stage | Description | Action |
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| 1 | Determine if NPRC has already confirmed the records were destroyed. | Review the claims folder and follow guidance in M21-1, Part III, Subpart ii, 2.F.1.b and c. If NPRC has - not been sent a records request, complete a code O50 request for all available records and to confirm if the records were destroyed in the fire before going to the next stage, or
- responded and confirmed the records were destroyed, go to the next stage.
| | 2 | Assess if the evidence of record is sufficient to establish an in-service event. | Review the evidence of record to substantiate the in-service element required for SC, with respect to the reduced evidentiary threshold discussed in M21-1, Part III, Subpart ii, 2.F.1.d. Acceptable alternative evidence of record for this purpose includes, but is not limited to: - credible lay statements
- buddy statements or unit member statements
- contemporaneous private medical records
- letters, journals, or photographs
- unit records, local command logs, or deployment histories.
If the evidence of record - establishes an in-service event, injury, or disease, go to the last stage of fire-related development before resuming normal claims development, or
- does not establish an in-service event, injury, or disease, go to the next stage.
| | 3 | Issue a single comprehensive fire-related development letter. | Send the claimant a one-time development letter requesting completion and return of NA Form 13055, Request for Information Needed to Reconstruct Medical Data and NA Form 13075, Questionnaire About Military Service. Inform the claimant that NA Form 13055 should address all known injuries, events, or diseases that were treated in-service. Add the following language to the fire-related notification letter as free text: Please complete NA Form 13055, Request for Information Needed to Reconstruct Medical Data, with details about any illnesses, injuries, or medical treatment you had during your military service, including where you were treated. We will use this information to request reconstruction of your medical records. We will only decide the conditions you are claiming now, but giving us complete information will prevent us from needing to request more details in the future. Upon expiration of the suspense period for the notification letter, go to - the next stage, if the claimant failed to provide the requested information, or
- Stage 5, if the form(s) were returned with relevant details to submit record reconstruction requests to NPRC.
Important: Do not submit the comprehensive fire-related development letter/form(s) in response to additional/future claims. It is intended as a one-time notice. | | 4 | Take action when a claimant fails to return completed NA Form(s) 13055/13075 or provide the necessary information through other means. | If the claimant - did not return the requested form(s) or provide the necessary information through other means, go to Stage 6, or
- returned the form(s) partially complete, attempt to contact the claimant by telephone to obtain the missing information.
Important: - Document successful telephone contact with the claimant on VA Form 27-0820, Report of General Information. During the phone call, if the claimant indicates not having the information requested and will not be able to recall or respond to a written letter, consider the statement a waiver and document accordingly on VA Form 27-0820.
- If attempts to contact the claimant fail, or the claimant is unwilling to or cannot provide the information over the phone at the time of the phone call, send a written request to the claimant notifying them of the incomplete form/missing information, and give the claimant 30 days to respond.
- Document unsuccessful telephone attempts via a permanent, Veteran-level note in VBMS. The note must state what information is needed from the Veteran, so a National Contact Center agent or Public Contact Team employee can obtain the information if the Veteran calls back.
| | 5 | Submit record reconstruction requests to NPRC. | Using the responses to NA Form 13055, NA Form 13075, and any additional information of record that provides relevant detail(s), submit the following requests: - PIES S02-V, to reconstruct service data (only if needed), and
- PIES M05-V, to reconstruct medical data.
Go to the next stage upon receiving a response from NPRC. Exception: DO NOT submit a PIES M05-V if VA has previously requested reconstruction of treatment records pertaining to a specific treatment facility/location. When NPRC receives a reconstruction request, NPRC attempts to reconstruct all records from that location pertaining to the Veteran. A subsequent request would duplicate efforts and delay the claim. Important: The M05-V request should address every illness/injury/treatment event identified by the claimant (as long as sufficient information to complete the fields of the M05-V is available), even if it does not immediately pertain to the pending claim. | | 6 | Ensure all fire-related documents are indexed properly and proceed with standard claims development . | After completion of the prior stages of development, ensure all documents involving fire-related development are adequately identified and readily searchable by the appropriate index values and utilizing VBMS eFolder maintenance functionality (such as bookmarks, annotations and document SUBJECT lines). Complete all remaining claims development, including examination(s) and nexus opinion(s), as needed. Important: If NPRC provided a negative response to an - S02-V request, send a final notification letter to the claimant and follow the instructions for completing a formal finding when attempts to verify service are unsuccessful, as discussed in M21-1, Part III, Subpart ii, 2.F.1.f and g, and/or
- M05-V request, send a final notification letter to the claimant.
| Notes: - If the rating activity is unable to grant a claim because the claimant failed to return a completed NA Form 13055,
- include information regarding how to obtain NA Form 13055 in the rating decision narrative and decision notice, and
- explain to the claimant that further attempts to obtain the missing records cannot be undertaken without the completed form.
- If the evidence of record indicates there is a legal bar to benefits, such as a dishonorable discharge,
- deny the claim on that basis, and
- do not
- ask the claimant to complete NA Form 13055, or
- prepare a memorandum of service record unavailability.
- A final notification letter is not required if VA does not receive enough information to request reconstruction of the records.
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