Most veterans may underestimate the value of what they can receive when requesting the VA’s help getting veterans benefits.
Many veterans may not be aware of the VA duty to assist law, which is under the VCAA—Veterans Claims Assistance Act. This law pertains to the obligation of the VA to provide assistance for veterans to gather evidence to support their claims and get the correct VA rating and compensation under the correct circumstances.
For J4V, we provide educational assistance with a VA claim. Our coaching veterans can provide you with information on how to obtain the correct VA rating and navigate your way through the VA claims process, potentially leading to VA assistance.
But what precisely is this duty to assist? And how can veterans guarantee that their requests are well within the boundaries of the Duty to Assist laws? Let us take a deeper dive into this blog post.
What is VA’s Duty to Assist?
The duty to assist VA is a legal obligation under the Veterans Claims Assistance Act (VCAA).
It is a prerequisite for the VA to assist veterans in obtaining the necessary information, documentation, and evidence to support their claim.
When Does the Duty to Assist Apply?
Although it is an obligation under the Veterans Claims Assistance Act, the duty to assist will apply if the VA receives an application that is almost complete but may require further information or medical documents to substantiate or finalize the claim.
The VA should inform the claimant about any additional evidence or documents required for the finalization of the claim, as well as the VA’s process for acquiring this information and evidence on behalf of the veteran.
Key Responsibilities Under the Duty to Assist
As long as the claim is substantially, or almost, complete the VA can take action and try to obtain the following on your behalf:
- Medical Records or Documents. You would need to fill out VA Form 21-4142, particularly if you sought medical advice outside of the VA.
Note: If the VA cannot obtain these records, you should try getting them and submit them to the VA.
- Service Records. In most cases, your service record or information may already be included in your treatment records. In some cases, it isn’t the VA that is required to obtain your service records.
- Contacting You—the Veteran—On What Else is Needed for Your VA Claim. The VA must be proactive in what other information is required to substantiate your claim.
- VA Medical Records. The VA also has a duty to retrieve your records, particularly if you received treatment at a VA medical facility. Obtaining these records would complete and appropriately assess your service-related medical condition.
It’s crucial to understand that the VA will assist in substantiating your claim. If you want the VA to assist you in gathering evidence for your claim, ensure that it is finalized, as the VA will not gather any evidence that does not contribute to the finalization of your claim.
Common Errors in the Duty to Assist
A Duty-to-assist error is a result of the VA’s failure to create a reasonable effort to help you get the evidence required for your claim. Here are some common errors.
Failure to Obtain Medical Records
The VA may overlook a variety of cases when obtaining important medical records to finalize a veteran’s VA claim. These medical records are:
- Service Treatment Records
- Private Medical Documents
- Incomplete Medical Examinations
Incorrect Guidance, or Information
The veteran may receive an error or incomplete C&P examination, which could result in an incorrect evaluation and an inaccurate VA rating.
These errors are often observed when the VA is reviewing a decision for your claim that you either appealed or processed a request for a higher-level review.
How Duty to Assist Errors Impact Claims
There are significant repercussions if the VA made a duty to assist error, as it will indicate that the VA may have missed something and will affect your VA rating.
Approval of your claim will require additional work and a longer wait time.
But it may also mean your VA claim can be improved. Errors related to duty to assist often arise when a veteran requests an appeal or a higher-level review.
Steps to Correct Errors
When a duty to assist error is discovered, it typically requires a significant amount of waiting time. However, there are several actions you can take to potentially speed up the process.
Leveraging the Duty to Assist
The VA’s duty to assist arises when they fail to fulfill their responsibilities under the VCAA; it is crucial to utilize this knowledge and ensure you have the necessary information to confirm that you are not at fault for the error.
Proactive Strategies
Being proactive about your claim can expedite it. The more information you provide related to your condition and claim, the better chance you have of getting the correct VA rating. It is always ideal to secure some copies of your submitted documents and follow up with the VA regularly to ensure that they are performing their duties and obligations.
Getting a Support from J4V
It can be difficult to navigate the VA claims process, but you don’t have to do it blindly.
Just4Veterans specializes in helping veterans obtain the information necessary to substantiate their claims and get the appropriate VA rating.
Whether you’re starting a new claim or appealing a denial, J4V can provide you with the educational guidance you need every step of the way.
Don’t let duty-to-assist errors delay your benefits—contact us today for our educational assistance.