Which Blog Statement is an Example of a Claim

Which Blog Statement is an Example of a Claim

What is a Statement in Support of Claim?

AStatement in Support of Claim, also known as aLay Evidence or a Witness Statement, is a VA grade that veterans, their families, friends, one-time service members, etc. can utilize to provide information to substantiate a merits for VA benefits. The Statement in Back up of Merits course, also known as a “buddy statement” when completed by other service-members, is officially calledVA Form 21-10210.

Who Can Write a Statement?

Generally, there are three categories of people who tin write a lay statement, or a Argument in Support of Merits:

  1. The Veteran—Veterans tin write a Argument in Support of Claim to tell their own story. Statements provide a space for veterans to describe how their disability impacts their ability to work, perform the functions of daily living, or collaborate socially with family and friends.  Here, veterans may also provide a get-go-paw business relationship of the incident in-service that caused their disabling condition.
  2. Family, Friends, or Other Acquaintances—Friends, family members, coworkers, or anyone who witnesses the physical or social limitations a veteran’s inability presents can write a Argument in Support of Merits. However, it is of import that the person writing the argument
    only speaks to what they know.
  3. Fellow Servicemembers—When a beau servicemember writes a Statement in Back up of Claim, it is frequently referred to every bit a “buddy letter.” This course of lay statement can be especially useful because a fellow servicemember may be able to corroborate a veteran’s in-service stressor.  For case, if a veteran’due south disability came from a autumn, a swain veteran who was present tin describe the incident.

What Can a Statement in Back up of Claim Be Used For?

A Statement in Support of a Claim can be submitted to support many types of claims, such as claims for service connectedness, increased ratings,Individual Unemployability, and more than.

For example, a veteran submitting a Statement in Support of Claim for service connection forMail service-Traumatic Stress Disorder (PTSD) tin can write about their stressor, significant the effect that caused the veteran to develop PTSD, likewise every bit the limitations their PTSD presents in daily life, such as an inability to go to the grocery store during the daytime due to big crowds.  This form can aid a veteran’s merits substantially, particularly if the incident in service was not officially documented in military records.  In this case, a buddy statement, filled out on a separate VA Form 21-4138 by a fellow service member who witnessed the stressor, tin can also be quite beneficial to the veteran’s claim.

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Another example would be if a veteran were seeking an increased rating for diabetes caused by exposure toAgent Orange, they could elaborate in a Argument in Back up of a Claim that they at present crave three more insulin shots daily than when they were initially rated, which poses an additional burden on the veteran’south eating habits and daily life.

How to Consummate a Statement in Support of Claim

At the top of this class, you volition exist asked to fill up in basic identification information such as your name, social security number, date of birth, and so on.  Be sure any information you lot provide is upward-to-date and VA is enlightened of any changes to your address.  Y’all may hand write or type the data you lot provide on this form.

If the claimant is non the veteran, Section Ii is where they can provide their basic identification data.  An example of this would be if the claimant is the veteran’s surviving spouse.  Exist certain to include identifying details for both the veteran and the person filling out the form.

In the next section entitled “Section 3: Argument,” provide a well thought out argument that supports the claim for VA benefits.  Be as detailed as possible in your explanation, and do not exaggerate or downplay the symptoms or limitations when completing the form.  It is of import to be honest about how your disability impacts your life.

Those filling out buddy statements on behalf of a veteran should also utilize the same principles to writing their statements, such as list specific instances when they witnessed the negative impacts of the veteran’south condition.

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Supporting documents may be attached to the Lay/Witness Statement.  If attaching boosted papers to the class, the veteran will want to make sure that the statement section of the class acknowledges that there is an addendum attached.  Finally, certify the certificate by signing and dating the form.

Lay Statements & Buddy Statements: How to fill the gaps in your VA claim

What Makes a Strong Statement?

Competence and Credibility

For VA to consider lay evidence, it must be accountedcompetent and credible.  Competency refers to the knowledge of the individual completing the statement.  Anyone who prepares a lay statement for a veteran must have personal knowledge of what is being discussed.  Credibility speaks to the reliability of what is being said in the statement.

If VA determines that a lay statement is not apparent, the veteran tin can respond with another lay statement to clarify what was written or submit a statement from some other person.

For example, if VA noticed inconsistent dates mentioned beyond lay statements, the veteran can reply by explaining that they do non recollect the exact dates and mayhap provide some context, such as the season during which an event occurred.

Honesty

Another key component of a strong lay argument is
honesty.
Exaggerating symptoms can often do more than harm than proficient and bring into question the writer’southward brownie.  Speaking to whatever result that a person does not have knowledge of is also problematic and tin can negatively bear upon a veteran’s claim.  For instance, if a veteran has a buddy letter where a fellow servicemember describes an event they were not present for or did non witness, this could ignominy the veteran’s case.

Contrarily, it is of import not to downplay symptoms either.  If a veteran is writing a lay statement, they could downplay their symptoms, which could cause VA not to issue an accurate rating or even deny service connection entirely.  While it can be hard to exist honest about symptoms out of embarrassment or fear of stigma, being honest gives veteran’s the best take chances of receiving the inability rating they deserve.

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Item-Oriented

Whatsoever Statement in Support of Merits, whether it is written by the veteran themselves, their family member, or a fellow servicemember, should be
extremely detailed
considering details can give VA the data it may need to grant a specific rating.  For example, if a spouse is writing a lay statement nearly the veteran’s symptoms, they should exist certain to include specific examples of the symptoms the veteran experiences and how they affect their mean solar day-to-twenty-four hour period life.  If a veteran is writing about their in-service upshot or stressor, they should be certain to include details near the time, place, who else might have been in that location, and what happened.

How to Submit a Lay Argument VA Class

As of January 17, 2021, the U.S. Department of Veterans Affairs (VA) requires that lay evidence be submitted usingVA Form 21-10210.  This form contains the following sections:

  • Identifying the veteran
  • Claimant information (if the claimant is non the veteran)
  • The written statement
  • The layperson’southward contact information (e.grand., telephone number, email accost, mailing address)
  • A department to certify and sign the statement

If y’all run out of space for your argument in Section III, you lot can attach anaddendum, or boosted papers, to continue your statement.  Veterans should exist sure to note on the form that an addendum is fastened if they are submitting any boosted pages.

If more than one person is submitting lay testify on your behalf, each person will accept to fill out a separate VA Form 21-10210.

VA Personal Statement Examples

For your reference, find examples of Statement in Support of Claim below:

  • TDIU Lay Statement
  • PTSD Lay Statement

Please note that these are merely examples and should not be submitted in back up of any claim for VA inability benefits.  This information is non legal advice and has been made available for educational purposes to provide veterans, their families, and friends a full general agreement of how these statements should be drafted.

Which Blog Statement is an Example of a Claim

Source: https://cck-law.com/blog/how-to-write-a-strong-statement-in-support-of-claim-for-va-benefits/