r/VeteransBenefits

Missing Community Care records

The VA has a duty to assist in obtaining relevant records, including Community Care documentation, but systemic failures are well-documented; you must take proactive steps to secure these records yourself to support your claim. Under 38 CFR 3.159(c)(1), the VA must make reasonable efforts to obtain relevant federal records, which includes Community Care records as they are purchased by VA. However, recent OIG and GAO reports confirm widespread gaps in these records being uploaded to the Corporate Data Warehouse or your VA health file (VHA-CDR). Therefore, you should immediately file a FOIA request specifically with the VA’s Health Administration Center for your Community Care claims file (different from your VAMC file), while also directly contacting each community provider to obtain complete treatment records and diagnostic reports. Submit these records yourself with a statement detailing the gap, citing the OIG report (Report No. 24-01907-241, Aug. 2025) for context, and request the VA readjudicate your denial under the duty to assist. If the denial persists, you can appeal, arguing the VA failed its duty under *Shoffner v. Principi*, 21 Vet. App. 174 (2007), which holds the VA responsible for obtaining identifiable records it is aware of. For any mental health conditions, specifically reference the rating criteria in 38 CFR 4.130 to ensure proper evaluation.

*Disclaimer: This information is for educational purposes regarding VA claims processes and is not intended as legal or medical advice. For personal guidance on your claim, please consult an accredited VA attorney or claims agent.*

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).