Claim Raven explanation
What this means
This section requires a written or secure electronic request for a disclosable VA record. The request must identify the record, state its intended use, specify certified or uncertified form, and select printed or downloadable format.
A valid request must say which record is wanted, whether certification is requested, why the copy is desired, and the preferred format. VA may set fees for copies and certification. The stated 10-day and 120-day periods apply to valid requests through the secure website or online tool established under this section.
How this helps your claim
The statute works with section 5701's disclosure rules. It also requires VA's secure online tool to confirm a valid request within 10 days and provide the requested records within 120 days.
What to check in your records
Make the request specific, keep the submission receipt, and track the statutory confirmation and production milestones.
- Save the exact written or electronic request and requested record list.
- Keep VA's receipt confirmation and all follow-up correspondence.
- Record the delivery date, format, certification status, and any missing items.
Request identifiable records, not an undefined file
List decision notices, examination reports, service records, correspondence, or another identifiable set and state the relevant date range. Select certified copies only when certification is actually needed, and name the preferred delivery format.
If the response is incomplete, compare what arrived with the itemized request and identify the missing categories. Keep the original confirmation because the statutory production period runs from VA's receipt of a valid online request.
Does the 120-day period apply to any informal request for records?
The statute ties that requirement to a valid request made through the secure website or online tool it requires. The request must include the specified record, purpose, certification, and format information.
Official statutory text
38 USC § 5702
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 5702. Furnishing of records
(a) Any person desiring a copy of any record, paper, and so forth, in the custody of the Secretary that may be disclosed under section 5701 of this title must submit to the Secretary an application in writing, including an electronic request submitted through the website or online tool established under subsection (b), for such copy. The application shall state specifically—
(1) the particular record, paper, and so forth, a copy of which is desired and whether certified or uncertified;
(2) the purpose for which such copy is desired to be used; and
(3) the format in which such copy is desired, including whether in printed form or by downloadable file.
(b)(1) The Secretary shall establish and maintain a secure website or online tool for a claimant or a duly recognized agent or representative of that claimant to submit an electronic request for such records.
(2) The Secretary, upon receipt of a valid request made through the website or online tool established under paragraph (1), shall provide to the requestor—
(A) not later than 10 days after receipt, confirmation of such receipt; and
(B) not later than 120 days after receipt, such records requested in the form selected by the requestor.
(c) The Secretary may establish a schedule of fees for copies and certification of such records.
Related references
- 38 USC § 5701: Confidentiality and permitted disclosure of VA claim records
- 38 USC § 5103A: VA's Duty to Assist With Evidence
- 38 USC § 5902: VA recognition of service-organization representatives
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