Understanding the Duty to Assist
The Duty to Assist is a legal obligation imposed on the VA to help veterans in developing their claims to the fullest extent possible. This duty is designed to ensure that veterans have the best possible opportunity to prove their entitlement to benefits. The roots of this duty can be traced back to the pro-veteran stance that the U.S. government maintains regarding veterans' benefits.
At its core, the Duty to Assist requires the VA to actively help a veteran in collecting evidence that supports their claim and to provide assistance in obtaining records relevant to the claim. This could include medical records from VA healthcare facilities, private medical and treatment records, as well as service personnel and service medical records. The concept sounds straightforward, however, the implementation can be complex and often leads even well-informed veterans into confusion.
