TN 40 (05-12)
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
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.
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.