Can I file the C&P dispute at the RO before my claim is finelezed? In those reviews, I have seen Veterans use VA Form 21-4138 in a number of ways: * To request an update on their VA Claim status.
They could not diagnose, but they could give more detail than the average lay person. In 7 years of representing Veterans, I have reviewed hundreds – if not thousands – of VA Claim C-Files. Alternatively, they currently know the severity of your disability and how it affects your daily life. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 An expert must give testimony or evidence when the evidence is something that only a person with special skills or knowledge can attest to. Let me show you how you can tell if the VA is overlooking your VA Form 21-4138 in your claim or appeal: * Look at your most recent VA Ratings Decision or Statement of the Case, and find the Evidence Listing section. Example: Let’s take the combat disability example already discussed. Buddy statements are statements that provide details about the in-service incident that caused the injury or illness, as well as the symptoms of the veteran’s current disability.
Here’s What to Use – Instead of VA Form 21-4138 – to submit Evidence in your VA Claim. 2000) does not authorize the VA to deny a claim based solely on the lack of medical evidence where lay evidence or Sworn Declarations can help support your claim, and where the circumstances around how, when and where coincide with the timing of a known combat in a known combat area.
You can give these details in your statement, and your family members can provide their version of the occurrence and what they witnessed to support it.
No. Well, I guess you can, but it’s gonna be messy. The purpose is to guarantee that what you are saying is true in the eyes of the law. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 (NOTE: The statement does not need to be notarized to be considered official. As a result of that OP, the blood circulation to my left testicle was cut off. Never give up on a claim, even if you only have lay evidence to support it. The purpose is to find someone who can speak to your situation because they have direct knowledge of or witnessed the incident that leads to the disability. The law is on your side where this is concerned too. Buddy Statements. For example, Susan works in a Community Mental Health Agency as a Psychiatric Assistant. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 If you are unsure if the lay evidence is admissible, either confer with your representative or attorney, or submit it and have the RO determine its admissibility based on the above criteria. However, the VA can use various medical information as evidence of an in-service injury or illness if it is presented by a person within their scope of knowledge and training. I see them using it – all the time.
This site uses cookies to ensure that we give you the best experience on our website. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 That they DON’T obtain evidence in support of your claim? Because it has those 4 little words – “under penalty of perjury,” it holds much more weight in the eyes of the Rater than a simple Buddy Letter.
What we will be going over today is how ONE document, a sworn declaration, could be the deciding factor between you WINNING your claim! The right types of evidence show that your disability occurred as a result of military service, proving that you’re entitled to veterans disability benefits. download documents on your laptop or mobile device. And for god’s sake, don’t use the VA for Requests for updates and VA Claim Status should be done using a letter, that includes your SSN and VA Claim Number, submitted via fax AND Certified Mail Return Receipt Requested.
There are many forms of lay evidence that the VA allows in disability compensation claims, so we will explore them and how they can be used. This may be because the incident occurred while you were in the middle of an overseas tour and while out on a mission, you were running, twisted your ankle, hit your knee, and fell. Review both the VA file record and any medical records you have; to ensure that you are not saying anything contrary to what’s already considered in the official file. She can, however, give lay testimony concerning what symptoms she has observed him exhibiting. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 However, someone with specialized training could provide certain expert evidence. Learn about the different types of VA claims under the AMA.
Any and all evidence that can be given to support your correction or clarification should also be submitted and/or noted within your statement. However, you will see that Option 2, the Supplemental Claim Lane, is the more desirable option as it offers the most opportunities for relief. Her husband is exhibiting symptoms that are exactly like the people who come in and are diagnosed with PTSD. #1: The Number 1 Reason you should STOP using VA Form 21-4138 in your VA Claim. This field is for validation purposes and should be left unchanged.