Buddy Statement Or Letter

[carlie]

Has anyone got a good example for this ?

I just finally tracked down a buddy for my friend that needs

this information to show combat -- boy we are both elated !!!

How much weight will be provided to buddy statement or letters.

carlie

[trailblazer]

It can and will most likely be used in your decision. Buddy statments are good evidence in a statment that you served together. I did this and they used it. The hard part is finding a buddy, the world is a big place.

[Capt.]

Hello Carlie,

I am using buddy and lay statements to propel my claim. The Buddy statements can be extremely important especially if the VA is denying an incident or perhaps job duties and MOS conflicts. The buddy statement should be accurate, truthful, easy to read and connect the dots. After the buddy statements are written , the buddy should sign it and it must say at the bottom ....." I hereby certify that the information I have given is to the best of my knowledge and belief". It does not have to be notorized.You can see this in the 38 CFRs. The buddy statements must also have the buddys DD214 with the SSN attached(copy) and current address and phone number at the top of the page. It is also helpful to include , if possible your buddies duty station orders which collaborate his or hers whereabouts during the time period of the Veteran.

Making it simple for the VA to connect the dots is important.

Maybe something like this.

Date;

Full Name

Address

City, State, zip

telephone number.

To whom it may concern;

My name is Mr. Super Soldier and I live at 1234 Try and Deny Me Drive, Snakes Navel, Idaho. My phone number is xxxxxx

I was stationed at Fort xxxx from the dates listed xxxxxxx.My duties were xxxxxx and Mr. Super Soldier's duties were xxxxxxxx.

I personally , worked and knew Mr. Super Soldier. List the event or what the buddy saw including details of the incident , time , date , place.

After the buddy signs the statement then the "I certify" part needs to be last. Now Lay statements from family , friends, wife , mother, father , pastor are also important. They too should have name , address, telephone number and how long they have known the Veteran. Writing down what they have observed , any problems , difficulites or illnesses should be written , signed and with the same " I certify" statement as above. Using both buddy and lay statements, can trigger the "Benefit of a Doubt rule", 38 CFR,5107 (. The proponderance of the evidence can be used to tie in all of the lay and buddy statements, used in conjuction with your VA medical, any test, hospitals etc, and IMOs. It can be the difference of winning or loosing your claim. Having all of your evidence saying the same thing and pointing to the disease, wound, injury or illness is what the Veteran is trying to show the VA. I hope this helps. I am still waiting to see how well the VA can read and comprehend my buddy and lay statements on mine. The problem I have is with MOS verses duties and training as stated above. God Bless, NEVER GIVE UP. C.C.

[Pete53]

Don't forget to have all buddy statements notarized. Its very important.

[Capt.]

Hello Pete, I think that the being notorized only means that the notary is acknowledging that the person is who he or she says she is. I posted the 38 CFR regarding "affirmation" which is what the statement I posted is supposed to have to make it legal for the VA to be used. Having a buddy or lay statements under oath is certainly discussed below, but not always feasible nor convenient for the Veterans buddys or friends , family statements. That is why the "affirmation" part is perfectly acceptable and the necessary statement of " I hereby certify that the information I have given is to the best of my knowledge and belief" is the easiest and most widely used. This will trigger the Benefit of a Doubt rule.......and I need to correct the last 38 CFR. .....it is the 38 CFR 3.102. Below is the 38 CFR 3.2 that applies to testimony oral or written on behalf of the Veteran. I don't want to cause any misconceptions or problems for anybody and I followed these 38 CFR steps for my own buddy statements and lay statements, which are in appeals process now. My lawyer used those buddy and lay statements in the NOD. I did not have any of the statements notorized and I believe I have about 8 total of buddy and lay statements. I hope this helps out. God Bless, NEVER GIVE UP. C.C.

§ 3.200 Testimony certified or under oath.

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(a) All oral testimony presented by claimants and witnesses on their behalf before any rating or authorization body will be under oath or affirmation. (See §3.103©.)

( All written testimony submitted by the claimant or in his or her behalf for the purpose of establishing a claim for service connection will be certified or under oath or affirmation. This includes records, examination reports, and transcripts material to the issue received by the Department of Veterans Affairs at the instance of the claimant or in his or her behalf or requested by the Department of Veterans Affairs from State, county, municipal, recognized private institutions, and contract hospitals.

[40 FR 36329, Aug. 20, 1975]

with the VA. I

[gdsnide]

Don't forget to have all buddy statements notarized. Its very important.

Pete...I agree with that as my Lawyer told me to do that & he also said use an affadavit..............

GARY

Worked for me

[Philip Rogers]

Carla, it is always best to do it in the form of an affidavit. I generally use VA form 21-4138, Statement In Support Of Claim, which I fill out and then wirte in the statement space "See Reverse Side," drawing a large "Z" (like Zorro) thru the blank leftover space, so no one can alter my document. I then start my statement by using my printer and printing on the reverse side. This covers the sworn statement/severe penalties aspect and I've had no problem w/the VA on it. I recommend always having statements sworn and notarized, as it adds to it's evidentiary level and certainly does no harm. Notary services are usually free at your local bank, provided you have an acct there. While the VA is supposed to believe us veterans, we all know they really look at us as liars and cheats.

And yes, buddy statement(s) can be the piece that wins the claim. jmo

pr

Has anyone got a good example for this ?

I just finally tracked down a buddy for my friend that needs

this information to show combat -- boy we are both elated !!!

How much weight will be provided to buddy statement or letters.

carlie