{
  "id": "R43740",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R43740",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 455923,
      "date": "2016-09-21",
      "retrieved": "2016-09-23T18:02:16.740146",
      "title": "Veterans\u2019 Benefits: The Department of Veterans Affairs and the Duty to Assist Claimants",
      "summary": "The Department of Veterans Affairs (VA) provides an array of benefits to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to apply for these benefits, in most circumstances, the claimant will send an application to his or her local VA Regional Office or apply online. Once a veteran has filed an application for benefits with the VA, the agency has a unique obligation to the claimant when adjudicating the claim\u2014the VA has a \u201cduty to assist\u201d the claimant throughout the claim process. \nThis duty to assist imposes numerous requirements on the VA during the claim process. The VA must assist claimants in obtaining the forms and information necessary to apply for a benefit; inform claimants of any information missing from an application; explain what evidence must be obtained in order to substantiate a claim for benefits; assist the claimant in obtaining records and evidence from both private and federal entities; and provide certain claimants with a medical examination or opinion when certain conditions are met.\nIn addition to assistance the VA must provide during the development of a claim, the VA also is required to implement other pro-claimant standards when adjudicating a claim. For example, the VA must consider legal theories that a claimant may not have argued in his application for benefits and must grant those benefits if they are supported by law. Furthermore, the VA must adjudicate a claim for benefits under a pro-claimant standard of proof\u2014the VA may deny a claim only if the preponderance of the evidence weighs against the claimant.\nThis report analyzes court decisions that have examined the VA\u2019s obligation to assist veterans during the claims process.",
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      "typeId": "REPORTS",
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      "topics": [
        {
          "source": "IBCList",
          "id": 2179,
          "name": "Benefits for Veterans"
        }
      ]
    },
    {
      "source": "EveryCRSReport.com",
      "id": 434539,
      "date": "2014-09-26",
      "retrieved": "2016-04-06T20:03:22.819033",
      "title": "Veterans\u2019 Benefits: The Department of Veterans Affairs and the Duty to Assist Claimants",
      "summary": "The Department of Veterans Affairs (VA) provides an array of benefits to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to apply for these benefits, in most circumstances, the claimant will send an application to his or her local VA Regional Office or apply online. Once a veteran has filed an application for benefits with the VA, the agency has a unique obligation to the claimant when adjudicating the claim\u2014the VA has a \u201cduty to assist\u201d the claimant throughout the claim process. \nThis duty to assist imposes numerous requirements on the VA during the claim process. The VA must assist claimants in obtaining the forms and information necessary to apply for a benefit; inform claimants of any information missing from an application; explain what evidence must be obtained in order to substantiate a claim for benefits; assist the claimant in obtaining records and evidence from both private and federal entities; and provide certain claimants with a medical examination or opinion when certain conditions are met. As illustrated in this report, certain aspects of the VA\u2019s duty to assist can add to the claims processing time.\nIn addition to assistance the VA must provide during the development of a claim, the VA also is required to implement other pro-claimant standards when adjudicating a claim. For example, the VA must consider legal theories that a claimant may not have argued in his application for benefits and must grant those benefits if they are supported by law. Furthermore, the VA must adjudicate a claim for benefits under a pro-claimant standard of proof\u2014the VA may only deny a claim if the preponderance of the evidence weighs against the claimant.\nThis report analyzes court decisions that have examined the VA\u2019s obligation to assist veterans during the claims process.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": true,
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      "topics": [
        {
          "source": "IBCList",
          "id": 2179,
          "name": "Benefits for Veterans"
        }
      ]
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  "topics": []
}