What must the VA assist a claimant with under the Duty to Assist?

The Duty to Assist is a vital component of the VA's responsibility toward veterans and claimants seeking benefits. Under this duty, the VA is mandated to help claimants in obtaining evidence that is essential to substantiate their claims for benefits. This involves gathering necessary records from various sources, such as military service records, medical documents, and any other pertinent information that could support the claimant’s case.

This assistance is crucial because many claimants may not possess the expertise or resources to collect all the evidence on their own, particularly when it involves navigating complex bureaucratic processes. By ensuring that veterans receive the necessary support in gathering evidence, the VA helps create a more equitable system for claims processing, allows for a more thorough evaluation of the claims, and ultimately aids in ensuring that veterans receive the benefits to which they are entitled.

The other options presented do not align with the responsibilities outlined under the Duty to Assist. While providing legal counsel could be beneficial for some claimants, it is not a requirement of the VA. Upgrading service-connected status automatically suggests a misunderstanding of the claims process, as changes to service connection must be based on new evidence or circumstances rather than automatic adjustments. Lastly, constructing claims from scratch implies that the VA would create claims on behalf of