During a supplemental claim, the VA has a legal duty to assist you in gathering evidence, which is outlined in 38 CFR 3.159. This includes making reasonable efforts to obtain federal records (like service treatment records or VA medical records) and private records (like records from a civilian doctor or hospital) that you've identified as relevant to your claim. If the VA is unable to obtain a record after making the required attempts, they are required to send you a letter notifying you of that fact. This is often called a "duty to assist" letter or a notice that a record could not be obtained.
This letter does not necessarily mean your entire claim is in jeopardy or that no records were found. It usually means one specific record source — often a private provider, a federal facility outside the VA system, or an old military unit — did not respond, or the VA could not locate what was requested. The letter should specify which record it concerns. If it does, it will typically ask you to either submit the record yourself or provide additional information (like a more complete address, provider name, or date range) so the VA can try again.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Analyze my claim free →Getting this letter around the same time as a Compensation and Pension exam is not unusual. The exam is often scheduled based on medical evidence already in the file, and the records request can be running on a separate, sometimes slower, track. The exam itself is not automatically compromised just because one record request failed — but if the missing record is central to proving your claim (for example, a private diagnosis or a service event), it's worth following up.
If you're unsure why you received the letter or which record it refers to, the most reliable way to find out is to check your claim status and the letter's specific language, either through VA.gov or by calling the VA at 1-800-827-1000. You can also request a copy of your full claims file (C-file) to see exactly what evidence has been received and what is still outstanding.
The concrete next step is to read the letter carefully for the specific record it references, and if you have that record yourself (or can get it from the provider), submit it directly to the VA as soon as possible rather than waiting for a second VA attempt, since supplemental claims move faster when the evidence is complete.
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