In This Section |
This section contains the topic “General Information on the Department of Veterans Affairs’ (VA’s) Duty to Assist Claimants.”
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1. General Information on VA’s Duty to Assist Claimants
Introduction |
This topic contains general information about VA’s duty to assist claimants, including |
Change Date |
February 19, 2019 |
III.iii.1.A.1.a. VA’s Duty to Notify and Assist Claimants |
According to 38 CFR 3.159 the Department of Veterans Affairs (VA) has an obligation to notify and assist claimants in accordance with procedures described in
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III.iii.1.A.1.b. Who Is Responsible for Obtaining Evidence to Substantiate a Claim |
Claimants are ultimately responsible for providing VA with evidence to substantiate their claim. Nevertheless, VA has an obligation to
References: For more information about
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III.iii.1.A.1.c. Circumstances Under Which VA Has No Duty to Assist a Claimant |
VA has no duty to assist a claimant when there is no reasonable possibility that rendering assistance would substantiate his/her claim.
Examples:
Reference: For more information about circumstances under which VA has no duty to assist a claimant, see M21-1, Part I, 1.A.3.b. |
III.iii.1.A.1.d. Fees Charged for Requested Evidence |
VA is not authorized to pay a fee for copies of public documents or other evidence from Federal, State, or local agencies or private sources.
Most custodians of public documents furnish copies to VA free of charge. However, if payment of a fee is required to obtain a document
Reference: For more information on payment of fees for evidence, see VAOPGCPREC 7-1995 and 38 CFR 3.159(c).
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III.iii.1.A.1.e. Requesting Vital Records From Custodians of Public Records |
The Department of Health and Human Services (HHS) has an online version of a publication entitled Where to Write for Vital Records that contains addresses within each State to which VA or claimants may send requests for certified copies of birth, death, marriage, and divorce documents.
To submit a request
Note: Select the Public record-request for certified copy paragraph when preparing the letter.
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III.iii.1.A.1.f. Requests for Buddy Statements |
A buddy statement is a statement from an individual who has information about the Veteran’s
If the claimant identifies someone who knows about his/her disabilities and/or activities, notify the claimant that he/she may request the individual to provide a buddy statement to support the claim.
Notes:
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Change-June-14-2015-Transmittal-Sheet-M21-1III_iii_1_SecA_TS.docx | May 12, 2019 | 40 KB |
Historical_M21-1III_iii_1_SecA_6-14-15.docx | May 12, 2019 | 40 KB |
Historical_M21-1III_iii_1_SecA_10-27-17.docx | May 12, 2019 | 42 KB |
10-29-15_Key-Changes_M21-1III_iii_1_SecA.docx | May 12, 2019 | 43 KB |
Historical_M21-1III_iii_1_SecA_10-29-15.docx | May 12, 2019 | 43 KB |
10-27-17_Key-Changes_M21-1III_iii_1_SecA.docx | May 12, 2019 | 45 KB |
10-29-15_Key-Changes_M21-1III_iii_1_SecA-1.docx | May 12, 2019 | 43 KB |
2-19-19_Key-Changes_M21-1III_iii_1_SecA.docx | May 12, 2019 | 41 KB |
in Chapter 1 Rules and Process, Part III General Claims Process, Subpart iii General Development and Dependency Issues
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