M21-1, Part III, Subpart iii, Chapter 1, Section A – General Considerations Regarding the Development Process

In This Section

Introduction

• VA’s duty to notify and assist claimants
• who is responsible for obtaining evidence to substantiate a claim
• circumstances under which VA has no duty to assist a claimant
• fees charged for requested evidence
• requesting vital records from custodians of public records
• requests for buddy statements, and
• handling concurrent development actions.

Change Date

III.iii.1.A.1.a.  VA’s Duty to Notify and Assist Claimants

• M21-1, Part I, 1.A
• M21-1, Part I, 1.B, and
• M21-1, Part I, 1.C.

III.iii.1.A.1.b.  Who Is Responsible for Obtaining Evidence to Substantiate a Claim

• make every effort to request all the evidence it needs to decide a claim based on the records available when the claim is filed
• undertake development to obtain additional evidence as it is identified by the claimant and/or his/her representative, and
• make reasonable efforts to obtain
  • records held by a Federal records custodian, and
  • privately held records the claimant identifies, as long as the claimant provides the proper authorization for release of the records to VA.

References:  For more information about

• requesting records from a Federal records custodian, see
  • M21-1, Part I, 1.C, and
  • M21-1, Part III, Subpart iii, 2.l, and
• requesting privately held records, see M21-1, Part III, Subpart iii, 1.D.

III.iii.1.A.1.c.  Circumstances Under Which VA Has No Duty to Assist a Claimant

Examples:

• A claimant is ineligible for benefits because he/she
  • lacks qualifying service, or
  • fails to meet other legal, eligibility requirements.
• A claimant submits a claim that clearly lacks merit.

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

III.iii.1.A.1.e.  Requesting Vital Records From Custodians of Public Records

• determine the State in which the birth, death, marriage, or divorce occurred
• click on the hyperlink to the appropriate State, and
• submit a request to the appropriate address on the website, using a Modern Award Processing – Development (MAP-D) or Veterans Benefits Management System (VBMS) letter.

III.iii.1.A.1.f.  Requests for Buddy Statements

• sickness
• disease, or
• injury.

• When creating the letter in MAP-D or VBMS, select the submit buddy statement(s) paragraph.
• A VA Form 21-4138, Statement in Support of Claim, may be used to submit this evidence to VA.

III.iii.1.A.1.g.  Handling Concurrent Development Actions

Examples:

• Social Security Administration disability records and Veteran employment history can be requested simultaneously.
• Requests for treatment records indicated by the Veteran should be completed prior to requesting an examination with a medical opinion for the relevant condition.