One of the foundational principles of the VA disability claims process is the Duty to Assist. This legal obligation requires the Department of Veterans Affairs to actively help Veterans gather the necessary evidence to support their claims. It sounds simple—and in theory, it’s a powerful safeguard for those seeking benefits. But when the VA fails in this duty, claims can be delayed, mishandled, or even wrongly denied.
At Veterans Valor, we often work with Veterans whose claims were impacted because the VA didn’t fulfill this obligation. Understanding how the Duty to Assist works—and knowing your rights when it’s not honored—can make a huge difference in the outcome of your case.
What Is the VA’s Duty to Assist?
When you file a disability claim, the VA is legally required to help you gather evidence that supports your case. This includes:
Obtaining relevant service treatment records
Requesting medical records from VA and non-VA health care providers
Scheduling and conducting Compensation & Pension (C&P) exams
Informing you of what evidence is needed to substantiate your claim
The idea is that Veterans shouldn’t be left alone to navigate a complex system—especially if they’re dealing with medical or psychological challenges. The VA is supposed to work with you, not against you.
When the VA Drops the Ball
Despite the clear rules, the Duty to Assist isn’t always honored in practice. Common failures include:
Not retrieving complete medical records from military hospitals or private doctors, even after you’ve given permission
Failing to schedule C&P exams or improperly notifying Veterans about appointments
Neglecting to request service records that could establish in-service events or injuries
Misinterpreting the evidence you’ve already submitted, then not helping you correct or clarify it
When this happens, it puts the burden back on you—and it often results in unjust denials or low disability ratings.
What Can You Do If the VA Fails Its Duty?
The good news is that the VA’s failure to assist can be challenged—and sometimes, this leads to the claim being reopened or reviewed with fresh eyes.
File a Higher-Level Review (HLR): One of the main reasons to request an HLR is because the VA didn’t fulfill its Duty to Assist. You can bring this to their attention during the review process.
Submit a Supplemental Claim: If you obtain the evidence the VA failed to gather, you can use this new material to submit a supplemental claim.
Document Your Communication: Keep copies of all correspondence, appointment letters, and records requests. If the VA says they tried to get your records, but you can show they didn’t follow up, that strengthens your argument.
Work with a Consultant: At Veterans Valor, we help identify where the VA may have dropped the ball—and help you build a stronger case based on what should have been done.
Protecting Your Right to a Fair Review
The Duty to Assist is a powerful protection for Veterans, but only if you know it exists—and know what to do when it’s violated. If you’ve received a decision that doesn’t seem right, it may not be your fault. The VA may not have done its job.
That’s why we’re here. Veterans Valor exists to level the playing field. We help Veterans like you push back when the system fails—and make sure your voice is heard loud and clear. Your service deserves respect, and your claim deserves full and fair consideration.
Let us help you hold the VA accountable—and get the benefits you’ve earned.
