PREC 7-95    Fees for obtaining Records - Duty to Assist Claimants    Citation: Vet. Aff. Op. Gen Couns. Prec. 7-95, VAOPGCPREC 7-95, 1995

QUESTIONS PRESENTED:

1.  In light of 38 U.S.C. § 5106, may the National Archives and Records Administration (NARA) charge a fee for providing the Department of Veterans Affairs (VA) with copies of docu-ments from its records?

2.  Does VA’s statutory duty to assist claimants under 38 U.S.C. § 5107(a) require that VA pay fees charged by Federal, state, or local agencies or private sources to obtain copies of records maintained by those sources?

HELD: 

1. The National Archives and Records Administration may charge a fee for providing the Department of Veterans Affairs with copies of records requested in connection with a benefit claim, notwithstanding 38 U.S.C. § 5106, which requires that the head of any Federal agency provide infor-mation to VA upon request for the purpose of determining benefit eligibility.

2.  Under 38 U.S.C. 5107(a), which establishes the Secretary of Veterans Affairs’ duty to assist claimants in developing the facts pertinent to their claims, the Secretary may require claimants to assume responsibility for payment of
any fees associated with obtaining copies of records main-tained by Federal, state, or local agencies or private sources.