When filing a claim for VA disability compensation, there are several types of evidence that can be useful. One is the "buddy letter," also known as a sworn statement. This is just what it sounds like, a letter written from a friend who you either served with which makes them knowledgeable of the in service event that caused your disability, or someone who knows first hand how your disability currently impacts your life. A buddy letter can also be very useful from a parent or sibling, and especially from a spouse. They are also very useful from current and former employers. These people can often speak to your health prior to entering the military, while you served, and after your military service was over. They can usually paint a descriptive picture of a veterans decline over a period of many years. Be aware, however, while buddy letters are accepted as part of the overall disability picture, they are considered "lay" evidence, and do not usually carry a great deal of weight in the final decision.
This letter should follow the same format as a addendum to a VA Form 21-4138, Statement in Support of Claim. It should be a typed letter of the standard business form. It should start out with the person's name who is writing the letter, or providing the sworn statement. This needs to be followed with their full street address. The current date comes next, then the person whom you are addressing the letter to. In this case it will be addressed to Triage, Department of Veterans Affairs, Regional Office, followed by the street or post office box address of the VARO that you use. Next, provide a regards line (RE:) letting the addressee know exactly what this document is. In this case, the writer will want to use your name and C-file number in the regards line. All of this should be left justified on the page.
Now the body of the letter can be written. What I have found to work best in a buddy letter is bullet statements given in a (Arabic) numbered format. If necessary, the Roman numeral outline format can be used, but it often is not needed. Item number one always needs to explain who is writing the letter, and their address.:
1. My name is John Doe, and I reside at 1313 Mockingbird Lane, NY, NY 12345. or,:
1. My name is Mrs. XXXX, and I reside with my husband at 123 Lovers Lane, Hoboken, NJ 54321.
Item number two always needs to explain the relationship the writer has to the veteran.
2. I served with Mr. XXXX in 1969. We were both UH-1 helicopter crewchiefs assigned to the 1st Bn, 9th Cavalry in the Republic of Vietnam. or,:
2. I have known my husband since March 1965, and we were married in June 1968. I have been with my husband every day since we were married, with the exception of short periods of time where his military duties kept him away, and for the extended period of his combat tour in Vietnam.
All of the subsequent items need to explain what they know. This should be done in chronological order. If they knew the veteran's physical and mental condition prior to service, they should start with that, and progress through to the current time. If they have knowledge of how the veteran became disabled, even through hearsay, they should state so. If they know what condition and symptoms the veteran currently suffers from, they should state so. If they have witnessed the progression of symptoms, they should tell what they have seen. Most importantly, they should paint a accurate picture of the veteran's current level of disability. Examples of these statements look like this:
3. On 8 November 1969, during a troop insertion to a LZ, our stick of 15 UH-1's came under heavy small arms fire. Mr. XXXX's aircraft took several rounds to the tailboom, and suffered a loss of tail rotor effectiveness. The aircraft crashed on the LZ, wounding everyone on board. Since there were no medical evacuation aircraft on station at this point, Mr. XXXX and the other wounded had to remain in the LZ for nearly 45 minutes. In the interest of self-preservation, all of the wounded that were able, including Mr. XXXX, actively engaged the enemy. Mr. XXXX was once again wounded by small arms fire while on the ground. Mr. XXXX was finally extracted from the LZ and was transported to a FOB where he received his first medical attention since becoming wounded. or,:
3. My husband was very active and had many interests prior to his tour in Vietnam. After he returned, he was completely detached. He gave up anything that he had found interesting before, and nothing seemed to make him happy. He was depressed all the time, and became startled very easily. He hasn't slept much since returning from Vietnam, and when he does sleep, he usually awakes to nightmares. He gets angry very easily, and argues with myself and others frequently, but he has never became violent. Every year around early November, he becomes very depressed, and sometimes suicidal. I do not know exactly what happened to him while in Vietnam, because he has never told me. I do know that while in the hospital after returning to the United States, he received the Silver Star and the Purple Heart for something he did on November 8, 1969. Everyone seemed to make a big deal out of it, but I didn't truly understand it all.
After all of the information has been given, the next to last statement needs to give contact information for the writer. It is rare that a rater contacts the letter writer, but it does happen sometimes. A simple statement such as, "I am available at my residence, or by phone at 123-234-3456 if you have questions or need further assistance." will do the trick.
The last statement in the letter should read, "I swear that the above statements are true and correct to the best of my knowledge." This statement is precisely what makes the letter a sworn statement. The writer should then sign the letter and print his or her name under the signature. Another step that can be taken is to have a notary public notarize the letter when it is signed. This just adds emphasis to the statements, but is not necessary.
As we do with everything else that we are sending to a rater, number each page of this letter with 1 of X, 2 of X, etc. Also be sure to put your name and C-file number at the bottom of every page. Then attach it to any other documents that are to be sent to the VARO. As usual, send this package to the VARO via certified mail, return receipt requested.
Tuesday, February 17, 2009
Writing a Statement in Support of Claim
The VA Form 21-4138, or Statement in Support of Claim, is one that most disabled veterans will come to know intimately. Any time that we communicate with the VA by mail, in reference to our claim, it should be done on this form. They seem to recognize and address their own document a lot quicker than a hand-written or typed letter. This form is also used to file the majority of our claims. It is only two pages long, and is much less intimidating than the 21-526. It is simply for your remarks, and there is no list of questions that will need to be answered.
When filling out this form, it is best to keep it short and sweet. Your statement should be concise and to the point. You can actually pack a great deal of information into a single paragraph. A well-drawn picture of your claim should be saved for a addendum to this form. The way that I always like to approach this is to write something like this:
"I would like to submit a formal claim for increase in my service connected disability compensation for the condition XXXX. I am also seeking service connected compensation for the current medical conditions of XXXX, XXXX, and XXXX. I am providing you with my sworn statement in support of claim, which follows this VA Form 21-4138 as a addendum. I am also submitting all of the additional evidence in support of the total of my claims that I am currently in possession of. This evidence includes service medical records, civilian medical records, VA medical records, sworn statements of individuals, peer-reviewed medical journal articles, and internal VA training documents. There are a total of XXX pages in this correspondence, including this form.
Thank you for your timely attention to this matter."
Your addendum should be a typed letter of the standard business form. You should start out with your full name and claim number (typically your social security number) in bold letters at the top of the page. Follow this with your full street address, phone number and e-mail address. The current date comes next, then the person whom you are addressing
the letter to. In this case it will be addressed to Triage, Department of Veterans Affairs, Regional Office, followed by the street or post office box address of the VARO that you use. Next, provide a regards line (RE:) letting the addressee know exactly what this document is; Addendum to Statement in Support of Claim (VA Form 21-4138). All of this should be left justified on the page.
You are now ready to begin the body of your letter. Start off with a simple address, like "To whom it may concern." In the first paragraph you will want to provide your identifying information. I would suggest starting off with your name, your period(s) of service, the branch(es) that you served in, your MOS (both number series and title) and where you served in combat, if applicable. In the second paragraph state why you are writing this letter. I use the line, "In this addendum, I seek to cover my current claims of..."
Next you want to begin to cover the issues you are claiming. Start from the beginning, and carry it through to the end. This is the only chance you'll have to tell your story up front. The next chance will be in a appeal, and you are trying to avoid letting it get that far. As we did with the 21-4138, you'll want to be as concise as possible. Keep your writing short and to the point. Try to use bullet statements where you can.
You'll want to do this in a standard outline format to cut down on the confusion. This is the same way we all did it in grade school; Roman numerals (I, II, III) followed by capitol letters (A,B,C) followed by Arabic numeral (1,2,3), and lastly lower-case letters (a,b,c). To keep things in line with the VA Form 21-4138 that you filled out, use the same order of the issues claimed. An example would look like this:
Issue I. Entitlement to service connected compensation for Intervertebral Disc Syndrome.
A. I was injured while on active duty on 1 January 1982 while making pancakes.
1. My service medical records state the following:
a. I visited the troop medical clinic at Ft. Bragg, NC for this injury
b. The physician stated that I had a severe muscle strain from the weight of the pancake.
2. I was assigned to the personnel section while my back recovered.
B. My back was no better by the summer of 1982, so my physician sent me to physical therapy.
1. My service medical records state the following:
a. The therapist stated the my lumbar ranges of motion were XXXX,
b. The therapist stated that I had severe muscle guarding in my lumbar region.
2. After three weeks of physical rehab, the therapists deemed me a poor candidate for therapy.
After you have covered all the issues, then you can close this addendum. I like to do this by stating, "I would like to request that any compensation and pension examinations necessary to the VA's development of these claims be completed at the XXXX Va Medical Center in (city, state). I also request that C&P exams deemed necessary be scheduled in a timely manner." This may not gain you any ground whatsoever, but it could possibly save you from being sent to a C&P exam provided by a QTC doctor who is outside of the VA system and is paid by the exam.
The last statement that you will want to make is, "All statements contained herein are true and correct, to the best of my knowledge." This makes the addendum a sworn statement. You may also want to include a statement something like this, "I hereby relinquish the remainder of any time that I may have. Please begin to schedule any pertinent exams and otherwise begin your work towards decisions on these claims." They will still want you to sign a VCAA Notice Response later on, but this will let them know that you are not interested in waiting the full amount of time that they have to offer you under the "Duty to Assist" laws.
As always, number each page of this letter with 1 of X, 2 of X, etc. Also be sure to put your name and C-file number at the bottom of every page. When you are finished, attach it to the VA Form 21-4138 and any other evidence that you may have (being sure to number the form and each page of the evidence, as well as adding your name and C-file number). I like to use a three-hole folder, with a clear front. I always add a cover page as well, that has my name, C-file Number, the purpose of the documents (Claim for compensation, NOD, etc.) and the date. Anything we can do to make it easier for a rater may actually play out in our favor. Then, send this package to the VARO via certified mail, return receipt requested.
When filling out this form, it is best to keep it short and sweet. Your statement should be concise and to the point. You can actually pack a great deal of information into a single paragraph. A well-drawn picture of your claim should be saved for a addendum to this form. The way that I always like to approach this is to write something like this:
"I would like to submit a formal claim for increase in my service connected disability compensation for the condition XXXX. I am also seeking service connected compensation for the current medical conditions of XXXX, XXXX, and XXXX. I am providing you with my sworn statement in support of claim, which follows this VA Form 21-4138 as a addendum. I am also submitting all of the additional evidence in support of the total of my claims that I am currently in possession of. This evidence includes service medical records, civilian medical records, VA medical records, sworn statements of individuals, peer-reviewed medical journal articles, and internal VA training documents. There are a total of XXX pages in this correspondence, including this form.
Thank you for your timely attention to this matter."
Your addendum should be a typed letter of the standard business form. You should start out with your full name and claim number (typically your social security number) in bold letters at the top of the page. Follow this with your full street address, phone number and e-mail address. The current date comes next, then the person whom you are addressing
the letter to. In this case it will be addressed to Triage, Department of Veterans Affairs, Regional Office, followed by the street or post office box address of the VARO that you use. Next, provide a regards line (RE:) letting the addressee know exactly what this document is; Addendum to Statement in Support of Claim (VA Form 21-4138). All of this should be left justified on the page.
You are now ready to begin the body of your letter. Start off with a simple address, like "To whom it may concern." In the first paragraph you will want to provide your identifying information. I would suggest starting off with your name, your period(s) of service, the branch(es) that you served in, your MOS (both number series and title) and where you served in combat, if applicable. In the second paragraph state why you are writing this letter. I use the line, "In this addendum, I seek to cover my current claims of..."
Next you want to begin to cover the issues you are claiming. Start from the beginning, and carry it through to the end. This is the only chance you'll have to tell your story up front. The next chance will be in a appeal, and you are trying to avoid letting it get that far. As we did with the 21-4138, you'll want to be as concise as possible. Keep your writing short and to the point. Try to use bullet statements where you can.
You'll want to do this in a standard outline format to cut down on the confusion. This is the same way we all did it in grade school; Roman numerals (I, II, III) followed by capitol letters (A,B,C) followed by Arabic numeral (1,2,3), and lastly lower-case letters (a,b,c). To keep things in line with the VA Form 21-4138 that you filled out, use the same order of the issues claimed. An example would look like this:
Issue I. Entitlement to service connected compensation for Intervertebral Disc Syndrome.
A. I was injured while on active duty on 1 January 1982 while making pancakes.
1. My service medical records state the following:
a. I visited the troop medical clinic at Ft. Bragg, NC for this injury
b. The physician stated that I had a severe muscle strain from the weight of the pancake.
2. I was assigned to the personnel section while my back recovered.
B. My back was no better by the summer of 1982, so my physician sent me to physical therapy.
1. My service medical records state the following:
a. The therapist stated the my lumbar ranges of motion were XXXX,
b. The therapist stated that I had severe muscle guarding in my lumbar region.
2. After three weeks of physical rehab, the therapists deemed me a poor candidate for therapy.
After you have covered all the issues, then you can close this addendum. I like to do this by stating, "I would like to request that any compensation and pension examinations necessary to the VA's development of these claims be completed at the XXXX Va Medical Center in (city, state). I also request that C&P exams deemed necessary be scheduled in a timely manner." This may not gain you any ground whatsoever, but it could possibly save you from being sent to a C&P exam provided by a QTC doctor who is outside of the VA system and is paid by the exam.
The last statement that you will want to make is, "All statements contained herein are true and correct, to the best of my knowledge." This makes the addendum a sworn statement. You may also want to include a statement something like this, "I hereby relinquish the remainder of any time that I may have. Please begin to schedule any pertinent exams and otherwise begin your work towards decisions on these claims." They will still want you to sign a VCAA Notice Response later on, but this will let them know that you are not interested in waiting the full amount of time that they have to offer you under the "Duty to Assist" laws.
As always, number each page of this letter with 1 of X, 2 of X, etc. Also be sure to put your name and C-file number at the bottom of every page. When you are finished, attach it to the VA Form 21-4138 and any other evidence that you may have (being sure to number the form and each page of the evidence, as well as adding your name and C-file number). I like to use a three-hole folder, with a clear front. I always add a cover page as well, that has my name, C-file Number, the purpose of the documents (Claim for compensation, NOD, etc.) and the date. Anything we can do to make it easier for a rater may actually play out in our favor. Then, send this package to the VARO via certified mail, return receipt requested.
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