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Ptsd Statement In Support Of Claim Examples

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Va Buddy Letter Example For Ptsd

How to Write a WINNING VA Statement in Support of Claim! (4-Step Process)

Disclaimer: This letter is an educational resource, serving only as an example of a buddy letter. The following does not constitute legal advice, establish a client-attorney relationship, nor should it be used in your claim.

My name is John Doe, brother of Jane Doe. Jane served in the United States Marine Corps from February, 2013, to May, 2017. Prior to service, Jane was a very entertaining person to be around. She was very talkative, funny, and incredibly friendly. She captained her high schools soccer team and was her class valedictorian.

In early 2020, Jane was diagnosed with PTSD. She now takes anti-anxiety medications prescribed by her psychiatrist and attends weekly therapy sessions. However, despite this, she still removes herself from situations that require even a minimal amount of socializing. She no longer keeps in touch with any of her friends, and still struggles to hold down a job due to her anxiety. Jane is only a shadow of the person I knew when she left for service years ago.

I, John Doe, certify under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct.

Example Of Direct Service Connection With Continuity Of Symptoms

Lets go over with you a hypothetical application for direct service connection where a medical opinion would likely not be required. This is because the claim is related to being in combat which does not usually require medical records from service. There is also evidence of the continuity of symptoms from discharge that can be tied directly to the combat in service. It is unlikely that VA would want a medical opinion to establish service connection as that can be inferred from the evidence. On the other hand, with this case VA will order a medical examination to complete a number of DBQs related to the claim and it is becoming common practice for the adjudicator to also request an opinion as part of that examination. Lets go over the case.

A combat veteran from the conflict in Afghanistan is claiming 4 different disability events. The first is a cervical spine injury due to whiplash from a vehicular accident in service, the second is a lumbar spinal injury incurred while moving a wounded comrade out of harms way, the third is PTSD and the fourth is a result of the other 3 a claim for individual unemployability. Except for the accident, none of the other incidents are included in medical records from the service.

Tips For Writing A Va Lay Statement

There are a few tips that you can follow to improve the quality of your lay statements. First of all, choose someone who has the most knowledge of your situation. Statement writers should be able to give a first-hand account of the service conditions that led to disability or have witnessed the impact of your illness on your daily life.

Next, be as accurate as possible in your statement. Always be truthful in telling your story. Do not exaggerate details in an attempt to get your claim approved. At the same time, do not downplay the effect that your disability has on your daily life. Give specific examples that show how your life is limited, such as difficulty walking, poor concentration, or inability to complete work tasks.

Submit as many lay statements as feel is appropriate. If you have friends, family, and fellow service members who all have valuable information to add, include them all in your claim, along with a statement from yourself. Your disability claim application packet is the evidence that the VA will use to determine service connection and your disability rating. Make sure it is as detailed as possible so they can make a clear decision.

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What Is A Statement In Support Of Claim

A Statement in Support of Claim, also known as a Lay Evidence or a Witness Statement, is a VA form that veterans, their families, friends, former service members, etc. can use to provide information to substantiate a claim for VA benefits. The Statement in Support of Claim form, also known as a buddy statement when completed by other service-members, is officially called VA Form 21-10210.

Submitting A Buddy Statement

Va Disability Claim Form 21 4138

To submit a buddy statement, an individual can fill out VA Form 21-4138. This form has an entire section labeled Remarks, where an individual can include any information they feel is relevant to the claim. When submitting a buddy statement, it is important to include all contact information for the buddy. By filling out this form, an individual is swearing that the content on the form is entirely true. Buddy statements can also be submitted in the form of notarized documents.

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Can I Use Lay Evidence To Win My Va Claim

According to M21-1, lay evidence, or a VA lay statement example, is acceptable for the purpose of establishing service incurrence or aggravation, in the absence of Service Treatment Records , for a combat Veteran or FPOW, if the evidence

  • Is satisfactory
  • Is consistent with the circumstances, conditions, or hardships of combat or FPOW internment, and
  • Can prevail in spite of the absence of official records showing incurrence or aggravation of the disease or injury during service.

Important: Medical evidence of a link to a current condition is still needed toestablish SC.

Awe, theres the WHAMMY!

Veterans, this is why I founded VA Claims Insider.

Even though lay evidence can help you prove serviceconnection, you still need competent medical evidence by a credentialed medicalprofessional to help establish service connection.

You need to obtain a Medical Nexus Letter to help you winand service connect your VA disability claim.

*A non-combat Veterans lay statements may be acceptable for establishing service incurrence or aggravation but must be weighed against other evidence in the claims folder including the absence of military records documenting or supporting the statements.

References: For more information on

The value accorded to other typesof lay evidence depends on such factors as

References: For more information on

Migraines Secondary To Tinnitus

Medical research suggests a connection between Headaches and Tinnitus, and the symptoms go hand in hand with many types of headaches, including migraines and hypertension. Recent results show 27% of Tinnitus sufferers also suffer from headaches.

Migraine headaches is one of the most common secondary conditions to Tinnitus.

Thus, there is some medical etiology to suggest thatMigraines, and many different types of Headaches, can be proximately due to oraggravated by Tinnitus.

Youll likely need a medical nexus letter from anindependent medical professional to establish service connection for headachessecondary to Tinnitus.

Speaking of headaches, did you know there are more than 150different types of headaches eligible for VA disability compensation benefitsunder the law?

While the Schedule for Rating Disabilities only listsMigraines, ANY type of headache can be service connected andcompensated under the law if the veteran has current symptoms of headaches thatinterfere with work, life, and social functioning.

CFR38, Part 4, the Schedule for Rating Disabilities, lists Migraines undercode 8100.

The Migraine Headaches VA rating scale in 2022 consists of four possible ratings: 0%, 10%, 30%, and 50%.

The symptoms become markedly more severe between at the 30%and 50% rating levels, as evidenced by the rating criteria below:

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Types Of Lay Statements

The VA will not seek out lay or buddy statements from a veteran filing a disability benefits claim, which makes it even more important for veterans to know the power they can have over their case. However, the VA has a track record of regarding these statements as credible evidence, especially if theyre done the right way. The statements should directly relate to the disability or illness a veteran is trying to service connect or the severity of the veterans service-connected conditions.

The VA and other veterans organizations use alternative terms for lay statements, such as supportive statement, statement in support of claim, or buddy statement. Others might consider a buddy statement to be a specific type of lay statement from someone who served with a veteran, such as someone in the same unit or a superior. No matter what they are called, all lay statements serve the same purpose and work in the same way.

Here are some types of lay statements that may support your VA claim.

Va Buddy Letter Example

What is a Stressor Statement for VA PTSD Claim?

Part 1: How do you know the veteran?

In part 1, you need to explain how you know the veteran.

My name is John Doe, and Im the husband of veteran .

Im writing this statement on behalf of veteran .

I have known since 1999, because we were high school sweethearts.

Over the past 30 years, we have interacted daily.

Part 2: What you witnessed or are witnessing.

In part 2, you need to explain in detail what you witnessed or are witnessing in regard to the event, incident or condition. You do not need to explain every detail. Be brief but thorough.

When I first met , before she entered active-duty military service, she was happy, fun-loving, and had no mental health issues whatsoever. All of that changed in July 2004, when she was raped by another service member while TDY to Lackland Air Force Base, San Antonio, Texas. It became very evident to me that she suffered from severe PTSD, depression, and anxiety.

I encouraged her to get help and seek treatment many times over the years, but because she was an officer, and worked with senior military leaders, she was afraid of retaliation and reprisal.

Part 3: The veterans current symptoms.

In part 3, you need to explain the current symptoms of the disability.

Part 4: Sign and date your name, and certify that your statement is true to the best of your knowledge and belief.

In part 4, you need to sign and date your name.

Signed, John Doe, January 23, 2019

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Lay Statements From Employerseven In Protected Work Environments

Depending on the type of claim you file, a statement from an employer can be helpful in illustrating the effectiveness and reliability of a veterans work. A veteran seeking service connection for a condition may want to ask for a supportive statement from a supervisor at a job he had before joining the military. A veteran requesting an increased rating or VA unemployment benefits might want to ask a current or previous employer for a lay statement that describes how a service-connected injury negatively affected the veterans work.

Like in all lay statements, the more specificity the better. For example, if a veteran is applying for a leg injury, make sure the former employer talks about how much walking the person did. If a veteran is applying to get VA disability for a back injury, an employer could mention how much heavy lifting the person did on the job and how that has decreased because of the injury.

Statements from employers where a veteran worked post-military service also can help, even if a veteran was fired or faced consequences because of poor performance resulting from service-connected limitations. This further cements the need for VA disability benefits because the financial assistance is meant to compensate for what a veteran cant physically or mentally do anymore following service.

Support Your Va Claim With Lay Statements

A lay statement is organic, personal testimony from someone who knows a veteran who is filing a disability claim. The information shared by a lay person is meant to accurately describe a veterans life before, during, or after the course of military service or in relation to a service connected medical condition. These statements can paint a full picture of how veterans were affected by their time in service or how their condition has worsened since leaving the military. Lay statements provide insight into ways a veterans daily life has been altered and can back up a finding from a medical professional.

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Who Can Write The Buddy Letter

Any individual 18 years old or older who knows the veteran and can be considered a legitimate witness to the veterans condition can write a VA buddy letter. Some of the more common sources of buddy letters include the following:

  • The veterans spouse
  • An adult child of the veteran
  • A mentor, teacher, or pastor

Sometimes a veteran may have difficulty tracking down another service member who can write them a formidable buddy statement. Luckily, local veteran service organizations have resources prepared to help veterans in need find each other. If you are looking for a fellow service member to write you a buddy letter, start by reaching out to resources near you.

What Is A Statement In Support Of Claim Used For

Sleep Apnea Buddy Letter Example

A Lay or Witness Statement, or Statement in Support of Claim, can be used for three main purposes:

  • A place where veterans themselves can tell their own story, such as how a disability impacts their ability to: work, perform functions of daily living, or interact socially with friends and family. Here, veterans may also provide a first-hand account of the incident in-service that caused their disabling condition.
  • Supporting statements from friends, family, coworkers, or anyone who witnesses the physical or social limitations a veterans disability presents.
  • Statements from former servicemembers who served with and may have witnessed the events that caused a veterans disabling condition.
  • A Statement in Support of a Claim can be submitted to support many types of claims, such as claims for service connection, increased ratings, Individual Unemployability, and more.

    Heres another example. If a veteran were seeking an increased rating for diabetes caused by exposure to Agent Orange, he or she could elaborate in the Statement in Support of a Claim that they now require three more insulin shots daily than when they were initially rated, which poses an additional burden on the veterans eating habits and daily life.

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    Who Can Write A Buddy Statement

    Any competent and credible person over the age of 18 can write a VA buddy statement. Essentially, competent and credible means that they must have knowledge of the issue or injury, and their statements on the matter must be accurate and without contradictory information, like conflicting dates or injuries. You can also write a statement yourself.

    Determine The Scope Of The Statement

    When writing a convincing statement in support of the claim, its important to first decide what you want the statement to accomplish and include a declaration of intent. Do you want to write about all the pending claims you have before the VA, or just one or two? Is the claim you are writing about a claim for an increased rating or a claim for service connection? Are you making a new claim for service connection in your statement? Have you written a statement on this claim before? Answering all these questions will give you a good idea of where to start.

    Lets take a look at the first question: Do you want to write about all the pending claims you have before the VA, or just one or two? Some veterans choose to write statements about all the claims they have pending before the VA, while others either write one statement per claim or even only write statements for the claims that are their highest priority. One strategy you may want to follow is to keep similar claims in the same statement.

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    Writing Convincing Va Statements In Support Of Claim

    When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim. This is a multi-purpose form that has been used by the VA for many years, on which veterans are able to write any information that they would like the VA to know. You can find this claim form on VA.gov. One important use of the VA Form 21-4138 is in the title of the form itself writing a statement in support of your claim for service connection.

    When building your case for service-connection with the United States Department of Veterans Affairs, an avenue of collecting evidence that Hill & Ponton often pursues is gathering official statements from veterans, family members, or friends. These statements are helpful to provide additional information, filling in the gaps that service or medical records may not cover. The statements can also help attest to how a veteran was before service and how they are now. This evidence of a material fact can be crucial to a claim and a veterans disability compensation. Some details can be the difference between receiving the maximum benefits or not.

    Today we are going to discuss how to write a convincing statement in support of your claim, as well as some tips for doing so successfully. Additionally, here is our video on preparing Buddy statements for your claim. Check it out now!

    Ptsd Increase Tip #: Get A Dbq For Ptsd Review

    “Buddy Statement” for VA Disability Service-Connection | Statement in Support of a Claim | theSITREP

    The #1 most effective way to increase VA disability rating for PTSD is to have a private medical provider complete a DBQ Form for PTSD Review.

    Why do I say this?

    Well, heres a secret hack: Sometimes, the VA Rater willaccept the DBQ on its own merits and grant you a PTSD increase without aC& P exam.

    But, even if you do get a C& P exam for PTSD, youll bemore than ready, because youve got new and relevant medical evidence tosupport HOW your PTSD symptoms are worse.

    And remember, the more severe your symptoms, the higher rating youll get for PTSD.

    On the PTSD DBQ, the most important section is Section IV Occupational and Social Impairment.

    This section corresponds directly to the VA ratings for PTSD, and whatever box the doctor checks is the rating youre likely to receive.

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