When is a Duty to Assist error most likely to affect the outcome of a claim?

A Duty to Assist error is most likely to affect the outcome of a claim before the Record of Decision is made because this is the stage where the Department of Veterans Affairs (VA) is actively gathering evidence and information necessary to make a determination on the claim. During this phase, the VA has an obligation to assist the veteran in obtaining any relevant records or information that may support their claim, such as medical records or service documents. If an error occurs in fulfilling this duty—such as failing to obtain critical evidence or provide adequate notice to the claimant—it can significantly impact what evidence is considered in making the decision.

Once the Record of Decision is made, the claims process has moved past the initial evaluation of evidence, meaning that any prior errors would have already influenced the outcome. Thus, the opportunity for the Duty to Assist to shape the decision occurs primarily in the period before that decision is rendered.