Duty To Assist

[gp747]

if you send ro all the treatment centers you have been to arent they

obligated to get that info and shouldnt that info follow the claim

where ever it goes from there?

[rentalguy1]

They are obligated to make an attempt to procure those records. They are not required to obtain the records. If a vet wants to be sure that the RO gets records, then the vet need to collect the records himself and drive them to the RO and get each page date stamped. Even then, the vet can't be sure that the rater will ever get the records, and there's always a chance that even if the records are in the c-file, a rater won't even glance at them.

[gp747]

WOW! WHAT A SHOCKER

[jbasser]

Here is a little tid bit from the old M21.

3. Handling Original and New Claims and Claims for Increased Evaluation, Continued

e. Claimant’s Duty to Identify and Locate Records The claimant must cooperate fully with VA’s reasonable efforts to obtain relevant records from

• Federal agencies

• non-Federal agencies, or

• Federal and non-Federal department custodians.

The claimant must provide

• enough information to identify and locate the existing records, including the person, company, agency, or other custodian holding the records

• the approximate time frame covered by the records, and

• the condition for which treatment was provided, in the case of medical treatment records.

f. Claimant’s Duty to Authorize the Release of Existing Records If necessary, the claimant must authorize the release of existing records in a form acceptable to the person, company, agency, or other custodian holding the records.

Note: If the claimant does not provide the necessary release, tell the claimant that he/she must obtain and submit the identified records for them to be considered.

Reference: For more information about authorizing the release of records, see 38 CFR 3.159©(1)(ii).

g. Exception to the Notification Requirement Exception: In cases where the evidence is sufficient to substantiate the claim and grant the benefit sought it is unnecessary to send the “notice statement” of what it takes to substantiate a claim. This exception only applies in cases where there can be a complete grant of the benefit claimed.

If any development is necessary (including ordering an examination), the notice requirement should be fulfilled.

[Pete53]

I went to the Hospitals and got oopies of my hospitalizations and forwarded to VA. That way I knew what they had at least.

[gp747]

Here is a little tid bit from the old M21.

3. Handling Original and New Claims and Claims for Increased Evaluation, Continued

e. Claimant's Duty to Identify and Locate Records The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from

• Federal agencies

• non-Federal agencies, or

• Federal and non-Federal department custodians.

The claimant must provide

• enough information to identify and locate the existing records, including the person, company, agency, or other custodian holding the records

• the approximate time frame covered by the records, and

• the condition for which treatment was provided, in the case of medical treatment records.

f. Claimant's Duty to Authorize the Release of Existing Records If necessary, the claimant must authorize the release of existing records in a form acceptable to the person, company, agency, or other custodian holding the records.

Note: If the claimant does not provide the necessary release, tell the claimant that he/she must obtain and submit the identified records for them to be considered.

Reference: For more information about authorizing the release of records, see 38 CFR 3.159©(1)(ii).

g. Exception to the Notification Requirement Exception: In cases where the evidence is sufficient to substantiate the claim and grant the benefit sought it is unnecessary to send the "notice statement" of what it takes to substantiate a claim. This exception only applies in cases where there can be a complete grant of the benefit claimed.

If any development is necessary (including ordering an examination), the notice requirement should be fulfilled.

well i did all that i gave them permission and list, they had the stuff at ro level and bva level

[john999]

I got my own SSD records and took them to the VARO, but I understand they will not always take them directly from the vet. It was the same with a certified copy of my DD214 they said they did not have, and I got a copy and carried it to them. I know people who have had such documents rejected by the VA when they were hand delivered by the Vet. I would have waited at least another year for my IU if I had had to wait for the VA to gather all the evidence.