Development Duties and Responsibilities

Overview

In This Section

This section contains the topic “ General Information on the Department of Veterans Affairs’ (VA’s) Duty to Assist Claimants.”

1. General Information on VA’s Duty to Assist Claimants

Introduction

This topic contains general information about VA’s duty to assist claimants, including

• 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 and taking necessary claim actions.

Change Date

December 4, 2024

III.i.2.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

• M21-1, Part I, Subpart i, 1.A
• M21-1, Part III, Subpart i, 2.B
• M21-1, Part III, Subpart i, 2.C, and
• M21-1, Part III, Subpart i, 2.E.

III.i.2.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

• 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 their 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 on

• requesting records from a Federal records custodian, see
• M21-1, Part III, Subpart i, 2.C, and
• M21-1, Part III, Subpart ii, 2.D
• requesting privately held records, see M21-1, Part III, Subpart ii, 3, and
• requesting evidence from the claimant, see M21-1, Part III, Subpart i, 2.D.1.

III.i.2.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 their claim.

Examples:

• A claimant is ineligible for benefits because they
• lack qualifying service, or
• fail to meet other legal, eligibility requirements.
• A claimant submits a claim that clearly lacks merit.

Reference: For more information on circumstances under which VA has no duty to assist a claimant, see M21-1, Part I, Subpart i, 1.A.4.b and c.

III.i.2.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

• advise the claimant that VA is not authorized to pay the fee, and
• provide the claimant with information on how to secure the document.

Reference: For more information on payment of fees for evidence, see VAOPGCPREC 7-1995 and 38 CFR 3.159(c).

III.i.2.A.1.e. Requesting Vital Records From Custodians of Public Records

The Department of Health and Human Services 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 request vital records:

• determine the State in which the birth, death, marriage, or divorce occurred
• click on the hyperlink to the appropriate State to locate the address of the appropriate vital statistics office
• follow the application guidelines provided by the National Center for Health Statistics, and
• send the request to the appropriate address on the website.

III.i.2.A.1.f. Requests for Buddy Statements

A buddy statement is a statement from an individual who has information about the Veteran’s

• sickness
• disease, or
• injury.

If the claimant identifies someone who knows about their disabilities and/or activities, notify the claimant that they may request the individual to provide a buddy statement to support the claim.

Note: A VA Form 21-4138, Statement in Support of Claim, or VA Form 21-10210, Lay/Witness Statement, may be used to submit this evidence to VA.

III.i.2.A.1.g. Handling Concurrent Development and Taking Necessary Claim Actions

Claims processors must take the most full and complete actions possible on a claim – including development, rating, and promulgation actions – to move the claim forward towards accurate completion in the claims process. Every effort should be made to move the claim to the next processing cycle each time it is handled.

When possible and in accordance with proper procedures, all necessary development actions should be completed concurrently, rather than piecemeal.

Examples:

• Social Security Administration disability records and Veteran employment history can be requested simultaneously.
• Service treatment records may be developed at the same time as private medical records (PMRs) identified by the claimant.

Note: Concurrent development may not be appropriate in certain situations. For example, requests for PMRs identified by the claimant must be completed prior to requesting a medical opinion regarding the relevant condition, as discussed in M21-1, Part IV, Subpart i, 1.A.1.d.