Here's something that just wormed its way into my little pea brain. Does the VA's duty to assist apply to this scenario: I submitted a claim for several things a few years ago. I admit that I did not do my due diligence and was not aware of secondary connections, so I simply submitted the claim without mention of any secondary connections--all conditions I included in the claim claim were denied in a prompt and efficient manner--no direct service connection. I know know that the claim would have been better suited if I would have stated "as secondary to XXX", or whatever the phraseology is. I'm wondering if the person reviewing my claim should have asked if these issues were secondary to my service connected issue--would that not fall under "duty to assist", or when they talk about duty to assist, are they simply referring to scheduling C&P exams and the like?
I know these people are extremely busy, and they certainly can't determine intent--they probably have to deal with what is presented to them. Just wondering!
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Huggy
Greetings,
Here's something that just wormed its way into my little pea brain. Does the VA's duty to assist apply to this scenario: I submitted a claim for several things a few years ago. I admit that I did not do my due diligence and was not aware of secondary connections, so I simply submitted the claim without mention of any secondary connections--all conditions I included in the claim claim were denied in a prompt and efficient manner--no direct service connection. I know know that the claim would have been better suited if I would have stated "as secondary to XXX", or whatever the phraseology is. I'm wondering if the person reviewing my claim should have asked if these issues were secondary to my service connected issue--would that not fall under "duty to assist", or when they talk about duty to assist, are they simply referring to scheduling C&P exams and the like?
I know these people are extremely busy, and they certainly can't determine intent--they probably have to deal with what is presented to them. Just wondering!
Thanks!
Huggy
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Mr cue
And just to make all the va lover happy. On the other hand, the Board is not required "to assume the impossible task of inventing and rejecting every conceivable argument in order to produ
brokensoldier244th
Basically, you covered it. How is VA supposed to know what the Veteran considers to be disabling? Just because it shows up in your STRs or because you get treatment for it afterwards doesn
brokensoldier244th
Probably not. We process whatever you claim but we can't make the determination of whether or not a condition you claim is secondary to something else unless you raise the point-we'd just be guessing,
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