Other Information Disclosures

Overview

In This Chapter

This chapter contains the topic “ Processing Third Party Information Requests.”

1. Processing Third Party Information Requests

Introduction

This topic contains information on processing third party information requests, including

• when to make a disclosure of information outside of the Department of Veterans Affairs (VA
• use of VA Form 21-0845, Authorization to Disclose Personal Information to a Third Party
• VA Form 21-0845 required criteria checklist, and
• updating systems for third party disclosure.

Change Date

October 4, 2023

I.i.3.1.a. When to Make a Disclosure of Information Outside of the VA

Disclosure of information outside of the Department of Veterans Affairs (VA) may be made only as permitted by 38 U.S.C. 5701 and Public Law 93-579, Privacy Act of 1974. Disclosure of information to other Federal agencies is governed by 38 CFR 1.500-1.584.

I.i.3.1.b. Use of VA Form 21-0845

VA Form 21-0845, Authorization to Disclose Personal Information to a Third Party, allows the National Call Centers and regional offices to release specified information normally protected under privacy provisions to family members or other designated persons who are not powers of attorney, agents, or fiduciaries.

Note: A claimant may only designate one person or one organization on the form. If the claimant designates an organization, one or more individuals within that organization must also be identified on the form. In addition, only one form may be valid at a time.

I.i.3.1.c. VA Form 21-0845 Required Criteria Checklist

To be valid, the VA Form 21-0845 must contain or meet the following criteria to be considered substantially complete:

• the signature of the individual who is authorizing release of information (Veteran, claimant, or beneficiary) and the date the form is signed
• the name and claims folder number of the Veteran/claimant
• contact information of the individual who is authorizing release of information, if that individual is not the Veteran
• the type of information authorized for release
• the length of time authorization is valid, if applicable
• a security question and answer
• the form date stamped by VA
• the form designates only one person or organization, and
• if the individual whose information is being released has a court-ordered or VA-appointed fiduciary, the signature of the fiduciary.

Important:

• For the purposes of this block, the term “Veteran” refers to the individual
• with an established VA claims folder, and
• upon whose service VA benefits have been established or requested.
• The April 2020 version of the form incorrectly labels the signature block requirement as the Veteran Signature, rather than the appropriate Signature designation.
• The signature cannot be someone other than the individual who is authorizing release of information, except in cases where the individual is incompetent. When the individual is found incompetent, the VA Form 21-0845 must be signed by the court-ordered or VA-appointed fiduciary.
• If an organization is appointed, the form must also identify the individual(s) within that organization to whom information can be discussed, as indicated in M21-1, Part I, Subpart i, 3.1.b.

Note: If the form does not contain substantially complete information required to authorize access

• return it with a letter explaining
• the reason for the return, and
• the block(s) that must be completed, and
• add a Veterans Benefits Management System (VBMS) note stating VA Form 21-0845 returned on MM/DD/YY for completion.

I.i.3.1.d. Updating Systems for Third Party Disclosure

Once the VA Form 21-0845 is deemed acceptable, follow the steps in the table below to update systems for third party information disclosure.

Scroll sideways to see the full table.

Reference: For more information on Centralized Mail intake procedures, see M21-1, Part II, Subpart i, 1.A.