If you are requesting a Veterans medical records from a private medical provider in the State of Texas, and plan to use them in your Title 38 claim, then the private medical facility may not charge you a fee.
This applies to the first copy of a Veterans medical records ONLY.
If you ask for a second copy of a Veterans Medical Records that you have already received for free, then the provider may charge you.
In Texas, however, the medical provider is required by law to supplement a request for Veterans Medical Records with any new records created or added to the Veterans treatment file/record.
See the below citation/link to the Texas Health and Safety Code for more information.
What About States other than Texas?
I am sure that other states have similar statutes/regulations – I can’t believe that Texas would be the only state doing something. However, I have not yet found another state that allows Veterans to get their Medical records for free
Let me know if your state charges Veterans Medical records fees or not.
As I get information, I will update this post with other states.
(Remember, though, I’m only licensed in Texas and Maryland, so this is only quoting the law and linking to it…no legal advice here, got it? Also, if a state is listed with an *, please double-check that my summary is correct.)
If its incorrect, or if you have current information about Free medical records for Veterans in your state, please email me
* Arkansas Statute: 16-46-106: Does not appear to allow Veterans to get free copies of private medical records for their Title 38 Claims
Maryland General Health Regulation §4.304: Does not appear to allow Veterans to get free copies of private medical records for their Title 38 Claims.
Texas Health and Safety Code 161.202. You must include proof of the VA Claim/Appeal (we typically use the VA’s most recent Duty to Assist letter which shows that it needs the Veteran to produce certain medical records).
* This post was originally published on January 16, 2014. It has been updated with recent information.
