Asserting that VA failed to fulfill its duty to assist the veteran

If you file an appeal on behalf of a veteran regarding service connected injury, asserting that VA failed to fulfill its duty to assist the veteran when it failed to obtain complete disability records from a government agency i.e. Social Security Administration (SSA).

The outcome is favorable, as long as a reasonable possibility exists that SSA and other medical records are relevant to the veteran’s claim, the VA is required to assist the veteran in obtaining the identified records.

However, Congress has placed reasonable limits on the VA’s duty to assist. Consequently, the VA is not required to obtain records from SSA or other medical providers if the agency determines, without review of the actual records, that there is no reasonable possibility that such records are relevant to the veteran’s claim for VA disability compensation. Relevant records are those records that relate to the injury for which the claimant is seeking benefits and have a reasonable possibility of helping to substantiate the veteran’s claim

For more in to increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to or if you require additional information about VA Benefits, visit our Maryland Veterans Benefits

We also have a Blog on Elder Issues and Veteran's Benefits.

If you are not receiving our Newsletter, go ahead and subscribe to our free NEWSLETTER to stay on top of senior issues.

Tags: , , , ,
Posted on: No Comments

Leave a Reply