Why Are VA Medical Records So Hard for Attorneys to Get?

VA medical records are hard for attorneys to get because the VA uses its own authorization form, routes requests through each facility's Release of Information office, and often won't work with outside retrieval services. Requests that are generic or missing details get set aside. A complete VA form and steady follow-up keep them moving.

• HelloCounsel's Records agent follows up with providers, including VA facilities, by call, email and fax until records arrive.
• Every request and follow-up is logged in the case file.
• Your team sees which VA requests are still outstanding.

Why do VA and government hospital requests take so long?

Government facilities work through their own rules and queues. The VA expects its own form, each facility handles release of information separately, and some requests are refused if they come through a third-party service. Busy offices also set aside requests that don't clearly identify the patient and records.

Where it gets stuck:

• VA-only forms: Requests on a firm's general authorization can be sent back.
• No third-party services: Some VA and government hospitals won't release records to outside retrieval companies.
• Facility by facility: Each VA medical center handles its own requests.
• Sensitive records: Certain conditions need specific consent before release.
• Generic requests: Vague requests can be mistaken for spam or set aside. See medical records request letter.

Which form does the VA require for an attorney request?

For release to a third party such as a law firm, the VA uses VA Form 10-5345, Request for and Authorization to Release Health Information. The veteran signs it, and the firm sends it to the Release of Information office at the facility that provided care. Check VA.gov for the current version before each request.

Records about drug or alcohol treatment, HIV or sickle cell anemia need the specific consent described in 38 U.S.C. 7332, so make sure the form covers them if they're needed.

How can firms speed up VA records requests?

Make every request complete and easy to act on. Use the VA's form, name the facility and dates of care, list the records you need, and follow up with the Release of Information office on a set schedule. Keep a note of who you spoke with and when.

VA request checklist:

• Form. Current VA Form 10-5345, signed and dated by the veteran.
• Facility. The VA medical center that provided care.
• Scope. Dates of care and the records and imaging needed.
• Sensitive records. Specific consent where 38 U.S.C. 7332 applies.

What do slow VA records cost a firm?

VA records often decide when a case can move. In a disability claim, missing VA treatment notes can leave a gap in the evidence before a hearing; in a PI case, they can delay the demand. The example below shows the follow-up load for a firm with regular VA requests.

Worked example · mid-size firm

Illustrative figures; replace with the firm's own numbers.

For disability cases, see medical source statement.

Should staff, a retrieval company or an AI agent chase VA records?

For VA and government hospitals, the firm usually has to send the request itself, because many won't work with outside retrieval services. What firms can choose is who follows up: staff, or an AI agent that keeps calling and logging until the records arrive.

For tools that track requests, see medical record retrieval software.

How does HelloCounsel help with VA records?

HelloCounsel's Records agent follows up with providers by call, email and fax until records arrive, and logs every touch in the case file. For VA requests, your firm sends the VA form, and the agent keeps the follow-up going with the Release of Information office so your team knows exactly what's still outstanding.

Here's what HelloCounsel does for Social Security Disability firms and PI firms with VA records:

• Follows up: Calls, emails and faxes the Release of Information office.
• Logs every touch: Notes each follow-up and contact name in the case file.
• Flags problems: Records rejections and missing-form requests.
• Shows status: Your team sees what's still missing before a hearing or demand.
• Works across providers: Chases VA and private providers in one place.
• Works inside your CMS: Filevine, Litify, Neos or CasePeer, with no new training for your team.

What do firms say about working with HelloCounsel?

“Working with HelloCounsel has been an outstanding experience. Their commitment to client service and innovation is evident in everything they do.”

Anthony Ramos, COO, Pendergast Law

Frequently Asked Questions

1. How does an attorney request VA medical records?

Send VA Form 10-5345, signed by the veteran, to the Release of Information office at the VA facility that provided care. Name the dates of care and the records needed.

2. Why does the VA reject records requests?

Common reasons are using a non-VA form, missing signatures or details, or sending the request through a third-party service the VA won't work with.

3. Do VA records need special consent?

Records about drug or alcohol treatment, HIV or sickle cell anemia need the specific consent described in 38 U.S.C. 7332. Make sure the form covers them if you need them.

4. How long does it take to get VA medical records?

It varies by facility and request. VA and government hospitals are often among the slowest providers on a case, so firms send complete requests early and follow up on a schedule.

5. Can AI follow up on VA records requests?

Yes. HelloCounsel's Records agent follows up with VA facilities by call, email and fax and logs every touch in the case file. Your firm sends the VA's own form.

6. Does the Records agent work with my case management system?

The agent works inside Filevine, Litify, Neos and CasePeer, so every request and follow-up is logged where your team works. If your firm uses a different system, raise it on a demo call.