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
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