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Duty to assist?


Riplip

Question

OK I thought I've read somewhere that the VA has a dDR. Notes-OSA weight gain.pdfuty to assist and there was a CFR that states they shall help veterans with the claims process? Here is where my PCP specifically tells me in writing that PCP is not involved in the claims. I'm confused. 

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Sorry I have no idea why the PDF. is in the middle of my sentence. 

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  • HadIt.com Elder
Posted (edited)

Vha is different from vba. They won’t complete disability forms it doesn’t fall under duty to assist. I don’t know why. 

 

***EDIT*** VHA Directive 1134(2) states that VHA docs CAN complete VBA forms. They edited it again in 2020 and its a VHA form so VBA wouldn't have ever gotten notice about it.

The directive doesn't compel them or require them to, and does say that VHA docs can't see your whole record which is why many don't get involved, but it is pretty strongly worded that they should help with VBA forms. Non- vba forms they don't have to.*** EDIT***

1134(2)_D_2016-11-28.pdf

Edited by brokensoldier244th
clarification and correction based on further research
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OK. Thank you BrokenSoldier

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  • HadIt.com Elder
8 hours ago, brokensoldier244th said:

Vha is different from vba. They won’t complete disability forms it doesn’t fall under duty to assist. I don’t know why. 

Wasn't there a fast letter or OGC guidance years ago saying VA providers could fill them out, but deferred to the VBA examiners for the medical opinion portion?

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Sort of- it said that they could opt to fill them out or not but they were not required to. Many try to stay out of the disability part entirely- they feel it’s an ethical conflict of interest. 

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  • HadIt.com Elder

In the last 50 years I had one VA doctor who helped me with a claim.  None of the others would stick their necks out one inch.   No matter how much you may like your VA doctor they are all scared shitless to help you with a claim.  Their masters would not like it.  Doctors at the VA are ruled by those above including the damn VA pharmacy.  VA pharmacy dictates to my doctor on what pain meds I get regardless of what she thinks.  They all bow down to the beasts that run the joint.  Talk about a conflict of interest.  The place is a sham.  You could get better care from a country horse doctor.

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