va form sworn declaration lay evidence
A sworn statement, unlike a sworn affidavit, may be required as a result of statutory processes, like a statutory declaration. While we still have our home base in Florida, Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Sworn Declarations from family and friends can correct the record and show that the knee injury was, in fact, service-connected and that it has worsened over the years. With a passion. When Veterans use lay evidence in their claim, the regional office has to make determinations on several different issues to determine whether the lay evidence is credible. 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. 8 Steps to Make your VA Disability Claims BETTER! 2) A Sworn Statement certifies the contents because it has the wording “under penalty of perjury” added to it. Additionally, that you are willing to risk “penalty of perjury” or serious legal trouble to have the statement considered. Veterans always have the option to utilize the free services provided by entities such as National Service Organizations (e.g., DAV, VFW, AMVETS, American Legion, among many others), Service Organizations, State Sponsored Veteran Service Officers, and/or the paid services of VA accredited agents or attorneys. Cir. Which statement do you find more believable, trustworthy, or credible: Bob Smith:  “To the best of my knowledge and belief, the person I saw break into my neighbor’s house was the neighbor’s drug-dealing son, Johnny.”, Paul Jackson: “Under penalty of perjury, the person I saw break into my neighbor’s house was the neighbor’s drug-dealing son, Johnny.”. Never give up on a claim, even if you only have lay evidence to support it. Click “Go Elite Now” below to get started today and a member of our team will be in touch within minutes. I asked him why, and here’s the example he gave me. Read the fine print in the Respondent Burden section: “We need this form to obtain evidence in support of your claim for benefits….”. Here’s what is more disturbing:  the decision in the above claim was a claim for TDIU, and the Veteran submitted valuable information about his unemployability in each and every one of the 125+ copies of VA Form 21-4138 he submitted. Therefore, this option is rarely recommended as the chances of them returning a favorable decision are very low. By continuing to browse the site you are consenting to their use. But, the challenge is that there is no proof that you twisted your ankle in mission because you didn’t see a doctor. She has over 20 years of experience of management of non-profits programs in Mental Health, Substance Abuse, and Victim Services. The Sworn Declaration – because of the special language in it – gives REAL power to your Lay Evidence. This site uses Akismet to reduce spam. Perhaps there was an occasion where you and your family were on vacation, and lots of walking was required. Because Bob sounds “wishy-washy” using the “best of knowledge” statement. 3: To Support Lack of Medical Evidence, No. We can see that Joe came to work late or that Anna made her bed and can relay those facts to other people without the help of experts for proof or verification. Copyright © 2020 Hill & Ponton, P.A.. All Rights Reserved. Even if you don’t use VA Form 21-4138 a lot in your VA Claim or Appeal, other Veterans are – and the VA is just “numb” to the form. How to adequately support your VA Supplemental Claim. VA apportionment rules allow split of a veteran’s disability compensation. Your service record should support this assertion. Sometimes it’s hard to establish that a disability is the direct result of your time in the military. If you are appealing a claim and want to include lay evidence, the team at Hill & Ponton can help. Have Questions About Your Lay Evidence VA Claim? * Compare the list of VA Form 21-4138s you have submitted in your VA Claim to the list of VA Form 21-4138 that the VA considered in the “Evidence Listing”. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 1996) and therefore, award you benefits. When you are ready to learn more about how VA Claims Insider can help, please join our VA Claims Insider Elite. Use VA Form 21-0598. If you use this form or any of our tricks, tag us on Facebook! This gets a little tricky when it comes to diagnosing medical conditions as well. Your email address will not be published. Can I file the C&P dispute at the RO before my claim is finelezed? No. Here, we will break down the basics of lay evidence for VA claims. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 THE BEST resource for helping you with your Sworn Declaration if you’re stuck on the process! You can also subscribe without commenting. The law further states that the “absence of an official record of disease, injury, or treatment” Dambach v. Gober, 223 F.3d 1376, 1380 (Fed. Sworn statement refer to a sworn declaration or an affirmation under penalty of perjury. Using the RIGHT form for the RIGHT job is one way to get your VA Claim out of the Hamster Wheel a little faster: * Want to add a dependent to your claim? If you are trying to submit a so-called “buddy statement” – or other more powerful lay evidence – try using the Sworn Declaration Form that my law firm uses in our cases. As always, we here at VA Claims Insider would love the opportunity to assist you in winning your Supplemental Claim with supporting Sworn Declarations. 4: To Speak to the Severity or Worsening of the Disability, Sworn Declaration with Friends and Family. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The VA Form 21-4138 Statement in Support of Claim is, at is most basic level, the VA Form for a blank sheet of paper. Whereas a Buddy Letter can be handwritten on a regular piece of paper. Charleston, SC: 4000 S. Faber Place Drive, Suite 300, Charleston, SC, 29405 va sworn declaration form pdf. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Social Security Disability Claim. I received an AO rating of 30% for Parkinson’s . Since that time, we have provided compassionate We specialize in social security and veterans’ disability cases. Be sure the statement includes all the details of what he/she witnessed with as many specifics as possible. Here’s What to Use – Instead of VA Form 21-4138 – to submit Evidence in your VA Claim. * Want to file a Notice of Disagreement? add a dependent to your claim? In all 4 of the above-mentioned instances where you can use Sworn Declarations in support of your Supplemental Claim, you should review the entirety of your records. Buddy Statements. First I’m going to tell you about the VA Form 21-4138. For example, Joe was able to tell that Mike couldn’t walk any better after 6 weeks of physical therapy, but only the doctor could say that it was because Mike had herniated discs in his back and physical therapy was not helping him. Family members and co-workers often write buddy statements for a veteran’s claim. This lane is not recommended because once a decision is made, it is final. You can help to set the record straight by testifying as to the incorrectness of the record and give reasons why. A medical examination would be necessary to show an actual diagnosis. You would use this option to submit evidence that wasn’t previously available. You should sit down with your family members to create a list of how and why the condition has worsened. Paul, on the  other hand, sounds more convincing because he believes so strongly in his statement that he is willing to subject himself to a perjury charge if someone shows he’s lying. 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. You should give several instances such as these with corresponding dates to show how your situation has become more severe as time goes on. A signed affidavit/sworn declaration may prevent the evidence from being overlooked by reviewers with a heavy case load. Even though she is knowledgeable enough to recognize this as PTSD, she is not licensed to diagnose it therefore could not give lay testimony that her husband has PTSD. As a result of that OP, the blood circulation to my left testicle was cut off. Here are some tips and pointers on filing a Section 1151 claim. Any and all evidence that can be given to support your correction or clarification should also be submitted and/or noted within your statement. That they DON’T obtain evidence in support of your claim? Thankfully my Buddy “John Doe” stopped to help me up. Cir. The certification alone is enough.). This gets a little more complicated. Please call for an appointment before visiting: Mail Processing Center: P.O. download documents on your laptop or mobile device. Thus, if a veteran satisfies both of these inquiries mandated by the statute, a factual presumption arises that the alleged injury or disease is service-connected” Collette v. Brown, 82 F.3d 389, 393 (Fed. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 This is another reason that submitting a Sworn Declaration is beneficial. Required fields are marked *. » Attig Law Firm, Court of Appeals for Veterans Claims (CAVC). VA Claims Insider, LLC MAKES NO GUARANTEE OF RESULTS BY USING THIS WEBSITE OR OUR SERVICES AND YOUR INDIVIDUAL RESULTS MAY VARY. Learn about the different types of VA claims under the AMA. Well, you say, what’s the problem with all that? When seeking disability benefits through the United States Department of Veterans Affairs, veterans need to prove that their injury or illness is connected to military service. She is currently focusing on reviewing files for evidence that can be beneficial to disability claims. It can be an oral or in black & white. Supplemental Claim: With this option, you are asking the VBA to reconsider your case based on new and relevant medical evidence without a hearing. #2: The VA tends to Ignore this Form altogether. It says to the VA Appeals Board that you or the author fully believe that the information you are providing in your statement is accurate. Sometimes that lay statement can make the difference between awarded or denied. 2007, Tips on Writing Buddy Statements | VA Evidence, Types of Evidence that can Support Your Claim, Lay Evidence to Support a VA Disability Claim. Her husband is exhibiting symptoms that are exactly like the people who come in and are diagnosed with PTSD. Your lawyer might be trying to say that since a statement written on plain paper looks different than a 4138 that the rater will notice it more. Your email address will not be published. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 The VA Claims Insider® name and logo are registered trademarks of VA Claims Insider, LLC. Many VA case workers may gloss over the VA 21-4138 due to it frequently being overused or incorrectly utilized by claimants. It’s FREE to get started, so click “Go Elite Now” below to complete our 3-step intake process. You are trying to make a distinction between a "sworn declaration" and a VA Statement in Support of Claim (VA Form 21-4138) where there is none. The VA accepts buddy statements, so these statements can be used to prove that events happened when there are no or limited records of them. I think the VA Form 21-4138 is a worthless form. That person would have direct knowledge of the incident and can confirm your story. 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. Utilization of VA Claims Insider, LLC’s website or services is NOT required to submit a claim for VA disability benefits, and you may achieve a positive VA disability claim outcome with these other free or paid organizations.

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