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How to prepare VA 21-4140-1

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FAQ - VA 21-4140-1

What is the purpose of VA 21-4140-1?
You can find the full text of the statute and its history in the Code of Federal Regulations (CFR) at 29 CFR Part 21, which defines the term “VA” and refers to “Department of Veterans Affairs” (and, as amended by the Affordable Care Act (Health Care Reform Act) of 2010, the words “Department of Veterans Affairs” and “Department of Veterans Affairs” are used throughout). This legislation makes a number of important changes to federal regulations, including: Revises “VA” to “Department.” Clarifies that the term “employee” includes the employees of VA and its contractors. Amends certain standards for the administration of the system by the Secretary of the Department of Veterans Affairs (VA). The law also removes from that responsibility all VA employees who are employed on a contractual basis. The law does not change any statutory limits or requirements regarding access to information in any agency. What is the new agency-wide access policy? The new statute makes it clear that VA, its contractors, and all other agencies must comply with basic standards that ensure access to veterans and the privacy of that information. In particular, VA and its contractors must: Require that each VA system maintain appropriate documentation of the access by veterans, VA and its contractors, and other persons to any information maintained in that system. Ensure that each VA system has procedures (or processes) that permit an individual veteran who has a disability rated as “severe” or “critical” to request access to this information by submitting a written request to the appropriate VA director or senior official within 90 calendar days from the date of receipt of an application for access. The request must be accompanied by an estimate of the individual's current and future needs for health care, disability benefits, or educational funds, as well as proof of service associated with each request. An individual requesting access must, in addition, be identified and provided with a reasonable period of administrative time to submit the requested information. If the system determines after a reasonable administrative time that the request does not meet the above requirements, the system will deny the application for access. Upon a determination that an existing request is eligible for disclosure, such information shall be provided to a veteran (whether the veteran is authorized to obtain the information). Provide the written explanation of the basis for the denial and provide documentation relating to that denial.
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