X.i.6.B.3.k. Actions to Take for BDD Claims Without Substantially Complete STRs | | Upon receipt of a BDD claim without substantially complete STRs (to include a completed SHA, Part A) for the current period of service the claims processor must- establish an EP 336 with the BDD claim label
- enter a note in VBMS indicating that the claim was received without STRs and/or a completed SHA, Part A, and
- scan any other evidence locally if a scanner with a designated resolution is available or forward for Veterans Claims Intake Program (VCIP) scanning.
Note: Mail automation will establish EP 336 – BDD and add the following VBMS note to claims received without STRs and/or a completed SHA, Part A: BDD claim established, field review required for complete Service Treatment Records (STRs), Military Treatment Facility records (MTRs), and Separation Health Assessment (SHA) Part A. After completing these actions, refer to the table below for additional actions to take.| Step | Action |
|---|
| 1 | Attempt to contact the service member by telephone and/or e-mail to- request the STRs and/or completed SHA, Part A (as applicable), and
- inform the service member that VA examinations cannot be requested until the STRs and/or completed SHA, Part A are received.
If a completed SHA, Part A is not of record, also instruct the service member to download the SHA, Part A from the Public DBQs VA.gov website and to submit the completed form. Encourage the service member to upload evidence to VA.gov (as applicable). Note: Leave a message informing the service member of the information above and follow procedures outlined in M21-1, Part III, Subpart i, 2.D.1.e to document unsuccessful telephone attempts. | | 2 | Were attempts to contact the service member by telephone and/or e-mail successful?- If yes, go to Step 6.
- If no, go to the next step.
| | 3 | - Send a subsequent development letter requesting the STRs and/or a completed SHA, Part A
- enter the applicable tracked item(s)
- Request Service Treatment Records from Veteran, and/or
- Request SHA Part A from Service Member with a suspense of
- 15 days, or
- day 89 prior to the date of discharge, if there are fewer than 104 days remaining before the anticipated discharge date, and
- go to the next step at the expiration of the tracked item suspense.
Important: If the SHA, Part A is not of record insert the following free text in the What We Need section of the letter: A completed Separation Health Assessment (SHA) – Part A Self-Assessment form is required for all BDD claims. Please note, VA cannot request any examinations for your claim until a completed Part A is received.Please complete the SHA, Part A and upload it to your claim on VA.gov at www.va.gov/disability/upload-supporting-evidence/ or please see the VA contact information below. The SHA, Part A can be accessed at www.benefits.va.gov/compensation/docs/SHA_DBQ_Part_A_Self-Assessment.pdf. | | 4 | Have STRs and/or a completed SHA, Part A been received?- If yes, go to Step 6.
- If no, and
- fewer than 90 days remain prior to discharge, go to Step 6, or
- 90 or more days remain prior to discharge, go to the next step.
| | 5 | Have two attempts to obtain the records (Steps 1-3) been completed?- If yes, go to the next step.
- If no, complete the actions in Steps 1-4, as applicable.
| | 6 | Refer to the table below for actions to take based on the results of follow-up efforts.| If ... | Then the intake site/RO must ... |
|---|
- the intake site/RO later obtains STRs and/or the SHA, Part A through follow-up with the service member
- at least 90 days remain before the date of discharge, and
- the service member is able to attend examinations
| continue processing the claim as a BDD claim. | the intake site/RO later obtains STRs and/or SHA, Part A through follow-up with the service member, but- less than 90 days remain before the discharge date, or
- the service member no longer meets the BDD program requirements
| - change the EP and claim label initially established to the appropriate non-BDD diary rating EP/claim label, and
- process the claim under the FDC Program or any other qualifying program, if applicable.
| | the intake site/RO does not receive the service member’s STRs and/or completed SHA, Part A on day 89 prior to the anticipated discharge | - change the EP to a non-BDD rating EP/claim label, and
- process the claim under the FDC Program or any other qualifying program, if applicable.
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| Notes: - Development for current period of service STRs for service members who have not yet been discharged requires:
- completing the actions described in the table above, and
- assisting the service member in obtaining copies of STRs from the MTF whenever possible.
- A contact list of Military Services Coordinators who can assist in obtaining records from the local MTF can be found on the pre-discharge website.
- Do not develop for STRs from the service member if the STRs for the current period of service are obtained through the MTF.
- If the entrance examination is not included in the STRs do not prepare a final notification letter nor delay requesting VA examinations. Instead, develop for the entrance examination by
- completing Step 1 of the table above
- submitting a request through Defense Personnel Records Information Retrieval System (DPRIS), and
- inputting a permanent VBMS note documenting the actions taken.
References: For more information on- selecting the appropriate examination for pre-discharge claims, see M21-1, Part IV, Subpart i, 2.E.3.c
- developing for STRs for prior periods of service, see M21-1, Part X, Subpart i, 6.C.3.f
- acceptable formats for STR documents, see M21-1, Part X, Subpart i, 6.B.3.d (Step 5)
- substantially complete STRs, see M21-1, Part III, Subpart ii, 2.A.1.f
- EPs and claim labels for initial establishment of BDD and BDD-excluded claims, see M21-1, Part X, Subpart i, 6.B.2.c
- the FDC Program, see M21-1, Part X, Subpart i, 2.A and B
- final notification to claimants that VA is unable to obtain relevant Federal records, see M21-1, Part III, Subpart ii, 1.A.1.g, and
- requesting service personnel records through DPRIS, see M21-1, Part III, Subpart ii, 2.D.4.a.
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