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Dingess-Hartman, Kent, and the VCAA
By Tbird
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Any veteran who receives a VCAA letter that is entirely generic and does or does not have an Election form should immediately contact their veteran’s representative. The VCAA and the subsequent provisions of Dingess Hartman and Kent are the ultimate Duty to Assist regulations, which are intended to go far beyond past historic VA evidentiary requirements. These provisions are intended to tell the veteran exactly what is lacking in the claim and necessary for proper resolve prior to a denial. It remains up to the veteran or widow to question any VCAA letter that is not appropriate, any lack of election notice enclosed with the VCAA letter, and then to provide to VA exactly what they want or that they state is acceptable evidence for a proper award. |
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