TN 40 (05-12)

A. Procedure for obtaining medical evidence

• Assume that the claimant is unable, rather than unwilling, to prosecute the claim unless there is positive evidence to the contrary; e.g., the claimant went back to work.

• If you do not have acknowledgement of a written request, make every reasonable effort to obtain the claimant's reason by means of telephone or personal contact.

• If the claimant's reason indicates a misunderstanding or an inability to prosecute the claim, take the necessary steps to protect the claimant’s rights, as described in DI 11010.520.

• Do not forward cases without medical evidence without documentation of efforts made to contact the claimant.

B. Request for evidence under totalization agreement

We may also exchange medical evidence under totalization agreements with foreign countries. We develop requests for such evidence through OIO. See totalization agreements in chapter GN 01700.000.