What Is the VA’s Duty to Assist in Disability Claims

The process of applying for VA disability benefits can seem daunting to veterans, who may have little experience with the complex laws and regulations governing benefits. However, VA personnel can help veterans with various aspects of the benefits application process. But what responsibility does the VA have to assist veterans who file disability benefits claims?

What Is the Duty to Assist?

Under federal law, the VA’s “duty to assist” requires the department to make reasonable efforts to obtain records or other evidence to help veterans support their claim for benefits. The duty to assist may include pursuing federal records, including service records from the DoD or medical records from VA healthcare facilities, and private records such as medical records from a veteran’s healthcare providers. Furthermore, the VA’s duty to assist also requires it to make reasonable efforts to schedule medical exams at a veteran’s convenience when the VA needs an exam to obtain more information. 

The duty to assist makes it clear that the VA’s role in a disability benefits claim should support veterans in pursuing the benefits they deserve under the law, rather than creating an adversarial system that focuses on denying benefits to veterans whenever possible. 

Examples of How the VA Assists with Disability Claims

Specific examples of how the VA can assist veterans with filing disability benefits claims include:

• Contacting the Department of Defense to obtain a veteran’s service records, as well as other military records that can corroborate facts about a veteran’s service, such as post-action or investigative reports
• Requesting medical records from VA healthcare facilities and private medical providers
• Ordering a compensation and pension (C&P) exam by a VA provider or contractor to obtain additional medical information about a veteran’s disability, scheduling the exam at a date and time convenient for the veteran, rescheduling the exam if a veteran cannot attend, and helping the veteran arrange transportation to the exam
• Notifying the veteran of additional information or documentation that the VA needs to assess their claim

Limitations on the Duty to Assist

Although the VA has a duty to assist a veteran with their benefits application, that duty does not absolve the veteran of their obligation to pursue their application diligently. Some of the responsibilities that veterans have during the disability benefits application process include:

• Identifying their private medical providers and providing authorization for the VA to obtain the veteran’s medical records
• Responding to the VA’s request for additional records or information within a reasonable time
• Attending requested C&P exams and requesting to reschedule the exam if they cannot make the scheduled appointment

The duty to assist does not require the VA to make a viable claim for a veteran who cannot provide basic evidence of a disability. A veteran’s failure to pursue their claim diligently can lead to delays in processing or denial of the claim due to inadequate evidence.

Why Understanding the Duty to Assist Matters

The duty to assist matters because it can help veterans know what to expect at each stage of the application process. Veterans should understand what the duty to assist requires and doesn’t require the VA to do, so they have no misunderstanding about their rights and obligations. Furthermore, understanding the scope of the VA’s duty to assist can ensure that veterans take a proactive role in moving their benefits application forward.

Contact a VA Disability Lawyer Today

Federal law requires the VA to make reasonable efforts to assist veterans with applying for benefits. Contact Veterans Benefits Law Group today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about the role the VA plays in helping you pursue disability benefits.