Lay Statement

[scooter318]

Hello Everyone

I wanted to give an update on my appeal process,I'e contacted a lawyer to help me in my appeals and the law firm contacted me today and told me that I would need to send them a copy of my C&P exam and I need to get several lay statements to back up my claim. I wanted to know how effective are lay statements and is there a template that I can use, and do these statements have to be notarized because everyone that I contacted said that they would do it but they were just going to put the statement in an email and send it to me. And i would like to say again thank you to everyone on this forum for all of your help I really appreciate it.

Eric

[carlie]

Carlie

Thanks for the link that's a lot of good information and the reason they denied me was because they said that it wasn't service connected but I know it was so at this point I just have to move forward with these buddy statements and letters from my wife and daughter.

Eric

Please post the exact Reasons and Bases Section on the issue in question,

from your decision.

[scooter318]

Carlie

Below is what you were asking for

Your service treatment records show that you were involved in a motor vehicle accident in February 2001. It was noted that you were discharged from a civilian emergency room with thoracic back pain. You were noted to have slight resistance to lateral range of motion and were prescribed motrin. There is no evidence in your record of any follow up treatment or of a chronic condition related to your lumbar spine. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. We did not find a link between your medical condition and military service and the VA medical opinion found no link between your diagnosed medical condition and military service.Although you have been diagnosed with anterior subluxation of the sacrum with residuals of low back to include radiculopathy, the VA examiner has stated that this condition is not at least as likely as not connected to military service.

[scooter318]

Berta

I never thought about a police report, I will see if I can get that because that would help a lot

Eric

[carlie]

Carlie

Below is what you were asking for

Your service treatment records show that you were involved in a motor vehicle accident in February 2001.

It was noted that you were discharged from a civilian emergency room with thoracic back pain.

You were noted to have slight resistance to lateral range of motion and were prescribed motrin.

There is no evidence in your record of any follow up treatment or of a chronic condition related to your lumbar spine.

While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service.

We did not find a link between your medical condition and military service and the VA medical opinion found no link between your diagnosed medical condition and military service.

Although you have been diagnosed with anterior subluxation of the sacrum with residuals of low back to include radiculopathy, the VA examiner has stated that this condition is not at least as likely as not connected to military service.

OK this helps alot.

VA has acknowledged you had an injury on active duty.

Lay statements or Buddy Letters are not needed to support an injury

happened - this is already a fact within the evidence of record.

Lay statements COULD be helpful in regards to the person knew you prior to this

injury and you did not appear to have any pain, limp, etc. . .

What you really need is an IMO/IME that states they have reviewed your SMR's and

in their medical opinion your current diagnosis of XYZ is as least as likely / more likely

than not, the result of the auto accident and injury on active duty.

Also, would be nice if they were a specialist in your area of injury.

Also, do you have ANY records of ANY treatment for this over the years or have you

always toughed it out by using OTC meds ?

Lay statements can also attest to seeing you use OTC pain relievers, creams, salves,

having to lay down for XXX amount of time.

Any missed work records due to this injury, etc . . .

Also - did you have an exit physical ?

If yes, check it out to see if this issue is on it.

[scooter318]

Carlie

I never went to the doctor because shortly after I got out the jobs I had didn't offer medical insurance and I didn't start going to the VA until 2 years ago because the pain had gotten so bad. I didn't want to seem like a cry baby that's the reason it took me so long to actually go. I had to work from home about 2 months ago for 3 days because of my back. My wife loaded me up with tiger balm and heating pads and it did get better but I have read other articles stating that you should get a IME in cases like this.

Eric

[Bevo]

A lay statement that might be helpful is one similar to a buddy statement I had - the guy said he knew of the injury event and that I complained to him of the symptoms media rely after abd several times since. If you have someone who knew you and that you'd complained to or that had knowledge that might help. If you get that and get a doctor to write some sort of nexus you might have a good chance. A doctor should be able to look at your records, listen to your lay symptomology and determine if its at least as likky as not connected. Buddy statements can help with credibility but the IME IMO is what you probably need.