; (bb) a brief explanation of the efforts that the Secretary made to obtain such records; and (cc) an explanation that the Secretary will make a determination based on the evidence of record and that this clause does not prohibit the submission of records at a later date if such submission is otherwise allowed. (III) The Secretary shall make not fewer than two requests to a custodian of a private record in order for an effort to obtain such record to be treated as reasonable under subclause (I), unless it is made evident by the first request that a second request would be futile in obtaining such record. (iii) Under regulations prescribed by the Secretary, the Secretary— (I) shall encourage a caregiver and veteran to submit relevant private medical records of the veteran to the Secretary to substantiate the claims of the caregiver and veteran in the application process for evaluation, assessment, or reassessment for the program established under paragraph (1) if such submission does not burden the caregiver or veteran; and (II) may require the caregiver or veteran to authorize the Secretary to obtain such relevant private medical records if such authorization is required to comply with Federal, State, or local law. (16) (A) The Secretary, in consultation with a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran, shall waive the reassessment requirement for the veteran for participation in the program established under paragraph (1) if— (i) the serious injury of the veteran under paragraph (2) is significantly caused by a degenerative or chronic condition