Duty to assist

The duty to assist is the VA's legal obligation to help a veteran obtain the evidence a claim needs. Established at 38 USC 5103A and implemented in 38 CFR 3.159, it requires the VA to make reasonable efforts to obtain relevant records the veteran identifies, to obtain federal records including service treatment records and VA medical records, and to provide a medical examination or opinion when the record needs one to decide the claim.

The duty has edges worth knowing. The VA requests private records only when the veteran identifies the provider and authorizes the request; records the VA is never told about fall outside the duty entirely. Reasonable efforts also means the VA can conclude records are unavailable after documented attempts, and the claim then proceeds without them.

The practical division of labor: the VA assists with obtaining evidence that exists. Identifying every source, and getting the underlying care documented in the first place, stays on the veteran's side of the table.