What is a Privacy Act Request?
The Privacy Act Request allows individuals to gain access to their own personal records subject to certain exemptions, and to seek correction or amendment of records maintained by VA that are inaccurate, incomplete, untimely, or irrelevant.
The Privacy Act pertains only to information that is maintained in a “Privacy Act System of Records,” which is defined as a group of agency-controlled records from which information is retrieved by a unique identifier, such as an individual’s name or employee identification number. The Privacy Act further defines a “record” as any individually identifiable set of information that an agency might maintain about a person. For example, a record that may be sought by an individual includes employment records.
Seeking non-public VA records about you or your dependent? Find out how to Submit a Privacy Act Request below.
Seeking non-public VA records? Make a FOIA Request.
How to Submit a Privacy Act Request?
Refer to the appropriate VA Administration Office below that is specific to your Privacy Act Request.
Veterans Benefits Administration (VBA) Privacy Act Requests
Record Access
Privacy Act requests for notification or access to VBA Privacy Act records, such as compensation and pension records, must be submitted by the individual by mail or electronically with their signed request and identifying information such as full name, date of birth, and place of birth to the Centralized Support Division.
There are three options to submit a Privacy Act request:
- Privacy Act requests can be made by completing the entire VA Form 20-10206, Freedom of Information Act (FOIA) or Privacy Act (PA) Request, and sending it to the Centralized Support Division, address noted below.
- The VA Form 20-10206, Freedom of Information Act (FOIA) or Privacy Act (PA) Request, can also be completed and submitted online.
- Or by sending a written request to the Centralized Support Division, including the individual’s Social Security number or C-File number may aid in the identification of records.
Centralized Support Division mailing address and email:
Department of Veterans Affairs
Evidence Intake Center
P.O. Box 4444
Janesville, WI 53547-4444
Any individuals who have questions about access to records may also call 1-800-827-1000. Information about how to contact Fiduciary services can be found on their contact page.
Record Amendments
To amend an individual’s record (to include Vocational Rehabilitation & Employment, Insurance, Loan Guaranty or Education Service), an amendment request must be submitted to the FOIA/Privacy Act Officer at the VA Regional Office serving the individual’s jurisdiction.
Address locations for the nearest VA Regional Office are listed at VA Locations Link.
Veterans Health Administration (VHA) Privacy Act Requests
General Request Requirements
Privacy right of access requests for VHA health records must be submitted by the individual in person, by mail, email or fax with their signed written request and identification information, such as full name and date of birth, to the Release of Information Office at the VA medical facility where the individual receives care.
- VA Form 10-5345a, Individuals’ Request for a Copy of Their Own Health Information, may be used by the individual to submit a written request for their own health records.
Record Access Requests Submitted via My HealtheVet
An individual may access their VHA health records via My HealtheVet with a premium account or request a copy of their VHA health records through My HealtheVet Secure Messaging. When requesting records via My HealtheVet Secure Messaging, the individual must create a new My HealtheVet Secure Message and describe the VHA health records they are seeking. Within the message they must include their typed name and select from the list of recipients the “My HealtheVet Release of Information Triage Group.”
If the individual does not have access to My HealtheVet Secure Messaging, they may email a scanned or photo image of their completed VA Form 10-5345a, Individuals’ Request for a Copy of Their Own Health Information, to the VHA Privacy Officer at the VA medical facility where the individual receives care.
Request for VHA Records to be Disclosed to a Third Party
An individual may also request for VA to release their health records to a third-party. If the records are to be sent to another individual or entity, the request must be submitted to the facility’s Release of Information Office either in person, by mail, fax or via My HealtheVet Secure Messaging and include a signed VA HIPAA-compliant authorization form.
- VA Form 10-5345, Request for and Authorization to Release Health Information, may be used for the individual to authorize their health information to be disclosed to a third party outside of VA.
Record Amendments
Privacy Act requests for an amendment of VHA health records must be submitted in writing to the VHA Privacy Officer at the VA medical facility where the individual received care or be submitted through My HealtheVet Secure Messaging. When submitting through My HealtheVet Secure Messaging, the individual must select from the recipients list using the “My HealtheVet Record Amendment_Admin Triage Group.” The individual must, clearly describe the records they are seeking to have amended to include: identifying the specific record or note title, date of the record or note, and the specific information within the record or note requested to be amended.
The amendment request may be submitted in person, mail, fax or via My HealtheVet Secure Messaging. When submitting the request via My HealtheVet Secure Messaging, the Veteran’s typed name must be included within the body of the message.
Contact information for VA medical facilities can be found at the Find VA Locations Tool.
National Cemetery Administration (NCA) Privacy Act Requests
The Privacy Act of 1974 does not apply to deceased individuals. Requests for notification, access to, or correction or amendment of NCA records may be submitted by individuals with legal standing on behalf of the deceased individual.
If a Federal, state, local, or tribal law authorizes a person to act on behalf of a deceased individual, or the deceased individual’s estate (e.g., as executor), that person is considered a personal representative of the deceased.
Record Access
Any individual who wishes to access information to determine whether a record is being maintained by the National Cemetery Administration under their name or other personal identifier or wants to determine the content of such records should submit a written request by mail or email to:
Department of Veterans Affairs
National Cemetery Administration Privacy Officer
810 Vermont Avenue, NW
Washington, DC 20420
NCAPRAD@va.gov
All inquiries must reasonably identify the type of records involved. Inquiries should include the individual’s full name, branch of service, dates of service, service numbers, social security number, and date of birth.
Record Amendments
Individuals seeking to contest or amend records pertaining to them should send a written request by mail or email to:
Department of Veterans Affairs
National Cemetery Administration Privacy Officer
810 Vermont Avenue, NW
Washington, DC 20420
NCAPRAD@va.gov
A request to contest or amend records must state clearly and concisely what record is being contested, the reasons for contesting it, and the proposed amendment to the record.
What if Your Privacy Act Amendment Request is Denied?
If your request for amendment is denied, you will be notified of this decision in writing, which will contain information about your right to appeal the decision.
Other VA Records
These are links to other VA resources on different types of records:
Privacy Act Implementation Rules
VA’s Privacy Act regulations implementing the Privacy Act are 38 CFR §§ 1.575 – 1.582.
- 38 CFR § 1.575 – Social security numbers in veterans’ benefits matters.
- 38 CFR § 1.576 – General policies, conditions of disclosure, accounting of certain disclosures, and definitions.
- 38 CFR § 1.577 – Access to records.
- 38 CFR § 1.578 – [Reserved]
- 38 CFR § 1.579 – Amendment of records.
- 38 CFR § 1.580 – Administrative review.
- 38 CFR § 1.581 – [Reserved]
- 38 CFR § 1.582 – Exemptions.
Privacy Act Exemptions
The Privacy Act of 1974 (5 U.S.C. § 552a) provides that agencies will provide access to records on individuals within its possession unless one of 10 exemptions apply. The exact language of the exemptions can be found in the Privacy Act of 1974 (5 U.S.C. § 552a). VA regulations at 38 CFR § 1.582 – Exemptions provide a complete listing of all VA exempt Privacy Act Systems of Records.