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Updated May 06, 2024

In This Chapter
 
This chapter contains the topic “Processing Third Party Information Requests.”

  1.  Processing Third Party Information Requests

Introduction
 
This topic contains information on processing third party information requests, including

Change Date
 
October 4, 2023

I.i.3.1.a.  When to Make a Disclosure of Information Outside of the VA
 
Disclosure of information outside of the Department of Veterans Affairs (VA) may be made only as permitted by 38 U.S.C. 5701 and Public Law 93-579, Privacy Act of 1974.  Disclosure of information to other Federal agencies is governed by 38 CFR 1.500-1.584.
 

I.i.3.1.b.  Use of VA Form 21-0845
 
VA Form 21-0845, Authorization to Disclose Personal Information to a Third Party, allows the National Call Centers and regional offices to release specified information normally protected under privacy provisions to family members or other designated persons who are not powers of attorney, agents, or fiduciaries.
 
Note:  A claimant may only designate one person or one organization on the form.  If the claimant designates an organization, one or more individuals within that organization must also be identified on the form.  In addition, only one form may be valid at a time.

I.i.3.1.c.  VA Form 21-0845 Required Criteria Checklist
 
To be valid, the VA Form 21-0845 must contain or meet the following criteria to be considered substantially complete:
  • the signature of the individual who is authorizing release of information (Veteran, claimant, or beneficiary) and the date the form is signed
  • the name and claims folder number of the Veteran/claimant
  • contact information of the individual who is authorizing release of information, if that individual is not the Veteran
  • the type of information authorized for release
  • the length of time authorization is valid, if applicable
  • a security question and answer
  • the form date stamped by VA
  • the form designates only one person or organization, and
  • if the individual whose information is being released has a court-ordered or VA-appointed fiduciary, the signature of the fiduciary.
Important: 
  • For the purposes of this block, the term “Veteran” refers to the individual
    • with an established VA claims folder, and
    • upon whose service VA benefits have been established or requested.
  • The April 2020 version of the form incorrectly labels the signature block requirement as the Veteran Signature, rather than the appropriate Signature designation.
  • The signature cannot be someone other than the individual who is authorizing release of information, except in cases where the individual is incompetent.  When the individual is found incompetent, the VA Form 21-0845 must be signed by the court-ordered or VA-appointed fiduciary.
  • If an organization is appointed, the form must also identify the individual(s) within that organization to whom information can be discussed, as indicated in M21-1, Part I, Subpart i, 3.1.b.
Note:  If the form does not contain substantially complete information required to authorize access
  • return it with a letter explaining
    • the reason for the return, and
    • the block(s) that must be completed, and
  • add a Veterans Benefits Management System (VBMS) note stating VA Form 21-0845 returned on MM/DD/YY for completion.

I.i.3.1.d.  Updating Systems for Third Party Disclosure
 
Once the VA Form 21-0845 is deemed acceptable, follow the steps in the table below to update systems for third party information disclosure.
 
Step
Action
1
Access the VETERAN PROFILE screen in VBMS.
2
  • Expand the FLASHES section, and
  • select the EDIT button.
3
Verify that Third Party Release flash is not shown in the FLASH table.
 
Note:  If the flash is already present
  • select the CANCEL button, and
  • go no further.
4
  • Enter the following text in the FLASH NAME field: Third Party Release
  • select the ADD button, and
  • select the SAVE button.
5
Add the following VBMS note:
 
VA Form 21-0845, Authorization to Disclose Personal Information to a Third Party, received and of record in favor of:
 
[insert the person or organization named in Block 10].
 
If the claimant selected a limited time frame for the authorization, also note
 
VA Form 21-0845 expires on [MM/DD/YYYY].
6
  • Upload the VA Form 21-0845 into the claimant’s electronic claims folder, and
  • following confirmation of a successful upload, shred VA Form 21-0845.
Reference:  For more information on Centralized Mail intake procedures, see M21-1, Part II, Subpart i, 1.A.