Is VA Supposed to Be on Your Side? Understanding the Duty to Assist

Many veterans may not realize that the VA system is designed to be non-adversarial by law and that VA has a duty to assist them with their claims. Join us in this segment of the Veterans Legal Lowdown podcast where CCK Law Partner Maura Black and Lead Claims Advocate Claire Babcock discuss what non-adversarial means, VA's duty to assist, when VA must help veterans, the benefit of the doubt doctrine, and more.

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Who We Are: Chisholm Chisholm & Kilpatrick is the nation's leading veterans law firm. Since 1999, CCK Law has grown to include more VA-accredited advocates and attorneys than any other firm and represents nearly 30,000 veterans or their dependents before Veterans Affairs or the U.S. Court of Appeals for Veterans Claims. CCK Law attorneys have argued many of the most precedent-setting cases in veterans law, playing an indispensable role in clarifying the benefits of millions of veterans. As of 2025, the firm has published over 2,500 pages and 800 videos of free legal resources for veterans and their dependents.

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0:00 Introduction to VA’s Obligations
0:54 What Does Non-Adversarial Mean?
1:30 When the Process Becomes Adversarial
2:34 Reasonable Efforts to Gather Evidence
4:50 VA Medical Exams and Duty to Assist
6:35 Duty to Assist During Hearings
8:04 When VA Fails to Assist Correctly
9:43 The Benefit of the Doubt Doctrine
13:46 VA Rules on Favorable Findings
14:52 What is Developing to Deny?
17:16 Why You Must Attend VA Exams