What this means
m21-1:III.ii.1.C explains information requests to other federal agencies. In plain terms, the official guidance says the Federal Bureau of Investigation (FBI) requires that all requests for reports originate from the VA Central Office (CO). It also addresses exception: These procedures do not apply to routine records from the FBI Identification Section (arrest or identification records), which may be filed in the claims folder or other appropriate file.
How this may help with a claim
Use m21-1:III.ii.1.C as an internal VA audit trail for information requests to other federal agencies, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: The Federal Bureau of Investigation (FBI) requires that all requests for reports originate from the VA Central Office (CO). Exception: These procedures do not apply to routine records from the FBI Identification Section (arrest or identification records), which may be filed in the claims folder or other appropriate file. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: guidelines when handling FBI records, and
- Confirm that the record or notice addresses this source point: For information on handling claims when Federal records are unavailable, see M21-1, Part III, Subpart i, 2.C.1.
- Document how this stated step or exception applies: III.ii.1.C.1.c. Guidelines When Handling FBI Records
Important limits
m21-1:III.ii.1.C is primarily internal workflow guidance about information requests to other federal agencies. It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: The Federal Bureau of Investigation (FBI) requires that all requests for reports originate from the VA Central Office (CO). The eligibility limitation and procedural guidelines to follow when a VA beneficiary has concurrent entitlement to both OWCP and VA benefits are discussed in M21-1, Part VI, Subpart ii, 5.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Information Requests to Other Federal Agencies
- m21-1:III.ii.1.C
- Requests Other Federal
- Agencies
- Requests
- where route requests
- ownership records
- guidelines when handling records
Original VA guidance
The official VA text of this section
Overview
In This Chapter
This chapter contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | Requests From the Department of Veterans Affairs (VA) to the Federal Bureau of Investigation (FBI) |
| 2 | Requests From VA to the Office of Workers’ Compensation Programs (OWCP) |
| 3 | Requests From VA to Other Agencies |
1. Requests From VA to the FBI
Introduction
This topic contains information on requests from VA to the FBI, including
- where to route requests to the FBI
- who has ownership of FBI records
- guidelines when handling FBI records, and
- handling a request for disclosure of information from FBI records.
Change Date
September 26, 2018
III.ii.1.C.1.a. Where to Route Requests to the FBI
The Federal Bureau of Investigation (FBI) requires that all requests for reports originate from the Department of Veterans Affairs (VA) Central Office (CO).
Send all requests for information from the FBI to the Assistant Inspector General for Investigations (51), CO.
Reference: For information on handling claims when Federal records are unavailable, see M21-1, Part III, Subpart i, 2.C.1.
III.ii.1.C.1.b. Who Has Ownership of FBI Records
All records from the FBI are the property of the FBI and are subject to its control at all times and to all privileges which the attorney general has as to the use or disclosure of documents of the Department of Justice.
VA is merely a custodian of such records for the FBI, and the documents or communications are subject to recall at any time.
III.ii.1.C.1.c. Guidelines When Handling FBI Records
When handling FBI records, do not, under any circumstances
- copy the records, and/or
- file or upload the records in claims folders or VA files of any category, if the folder is normally accessible to outside sources, including accredited representatives of cooperating agencies.
The procedures prescribed in M21-1, Part II, Subpart ii, 2.B, or a comparable procedure providing for a system of locked files, is applicable in the handling of FBI records.
Exception: These procedures do not apply to routine records from the FBI Identification Section (arrest or identification records), which may be filed in the claims folder or other appropriate file.
III.ii.1.C.1.d. Handling a Request for Disclosure of Information From FBI Records
If any request, subpoena, motion for subpoena, or court order is received to obtain access to, or disclosure of, any record or communication from the FBI, either separately or as part of the claims folders and records of VA,
- forward the records and communications involved to the Assistant Inspector General for Investigations (51), CO, who will refer them to the FBI, and
- send a transmittal letter explaining the reasons for forwarding the records.
2. Requests From VA to OWCP
Introduction
This topic contains information on requests from VA to OWCP, including
- prohibition on concurrent payment of compensation by OWCP and VA
- where to obtain information on OWCP compensation, and
- handling concurrent entitlement to OWCP and VA disability compensation.
Change Date
August 28, 2024
III.ii.1.C.2.a. Prohibition on Concurrent Payment of Compensation by OWCP and VA
The concurrent payment of compensation by the Office of Workers’ Compensation Programs (OWCP),and compensation or Dependency and Indemnity Compensation by VA, based on disability or death due to service in the armed forces, is prohibited. If there is entitlement to both, the beneficiary must elect to receive benefits under one of the two entitlements.
Note: Elections are requested only by OWCP according to M21-1, Part VI, Subpart ii, 5.3.a.
Reference: For more information on Federal Employees’ Compensation (FEC), to include the prohibition against concurrent receipt of and elections between FEC and VA benefits, see M21-1, Part VI, Subpart ii, 5.
III.ii.1.C.2.b. Where to Obtain Information on OWCP Compensation
Requests for information regarding OWCP compensation should be submitted to the Division of Federal Employees', Longshore and Harbor Workers' Compensation (DFELHWC) Division of Federal Employees’ Compensation (DFEC) office with the U.S. Department of Labor using a locally generated letter sent to the address below.
U.S. Department of Labor
DFELHWC-FECA, PO Box 8311
London, KY 40742-8311
Reference: For information on handling claims when Federal records are unavailable, see M21-1, Part III, Subpart i, 2.C.1.
III.ii.1.C.2.c. Handling Concurrent Entitlement to OWCP and VA Disability Compensation Benefits
The eligibility limitation and procedural guidelines to follow when a VA beneficiary has concurrent entitlement to both OWCP and VA benefits are discussed in M21-1, Part VI, Subpart ii, 5. This includes
- disability compensation, and
- death compensation benefits.
3. Requests From VA to Other Agencies
Introduction
This topic contains information on requests from VA to other agencies, including requests to the
- Royal Canadian Mounted Police (RCMP)
- Internal Revenue Service (IRS), and
- U.S. Public Health Service (USPHS).
Change Date
September 13, 2023
III.ii.1.C.3.a. Requests to the RCMP
Requests for information from the Royal Canadian Mounted Police (RCMP) should be submitted to the detachment with jurisdiction of the area in which the incident occurred.
Note: When possible, attempt to contact the detachment first by phone to determine the most expeditious means of obtaining the necessary records.
Reference: For more information on locating the RCMP detachment of jurisdiction, see the RCMP Find a Detachment webpage.
III.ii.1.C.3.b. Requests to the IRS
Do not routinely request copies of Federal income tax returns or information from those returns from the Internal Revenue Service (IRS). If possible, use other sources of information to determine annual income.
However, if a copy of a Federal income tax return is considered essential, request that the claimant submit
- their copy of the return, and
- a statement that the copy is an exact duplicate of a return filed with the IRS.
Notes:
- Return the copy to the claimant upon request, but retain an extract of the pertinent data for the claims folder.
- If the claimant is unable or unwilling to furnish the required evidence, follow the procedures in M21-1, Part III, Subpart i, 2.C.1.
III.ii.1.C.3.c. Requests to the USPHS
Clinical information in the records or in possession of the U.S. Public Health Service (USPHS), Department of Health and Human Services, for hospitalization as a civilian
- is confidential, and
- will not be released without the consent of the patient, unless VA arranged for the examination, treatment, or care of the patient.
Notes:
- Any communication with the patient’s signature, authorizing release of the information, constitutes “consent of the patient.”
- This restriction does not apply to obtaining official records for hospitalization based on the Veteran’s service in the USPHS.
References: For more information on
- authorizations for release of information, see M21-1, Part III, Subpart ii, 3.1.a, and
- handling claims when Federal records are unavailable, see M21-1, Part III, Subpart i, 2.C.1.