Revised September 26, 2018
III.ii.1.C.1.aWhere 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.bWho 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.cGuidelines 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.dHandling 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.
2Requests From VA to OWCP
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.
Revised August 28, 2024
III.ii.1.C.2.aProhibition 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.bWhere 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 LaborDFELHWC-FECA, PO Box 8311London, 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.cHandling 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.
3Requests From VA to Other Agencies
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).
Revised September 13, 2023
III.ii.1.C.3.aRequests 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.bRequests 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.cRequests 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.
End of Part III, Subpart ii, Chapter 1, Section C