Tuesday, February 17, 2009

Writing a "Buddy Letter"

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.

3 comments:

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  2. If I submit a buddy letter via VA Form 21-4138, who signs off in block 9 on the bottom of the form (me or my buddy)?

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