Buddy Letters

[WHOLESALE]

Good morning everyone,

I have submitted various buddy letters but none of them have been addressed in any of the decisions.

I just wondering since they weren't notarized the VA gives them very little weight or just downright ignores them. Is this true?

If I had them notarized would the VA have given them more weight since both parties have to be present when notarized.

Maybe the VA thinks that I just typed some stuff up and scribbled a signature on it.

Of course I did not do this as this would be fraud but I'm just thinking the VA thinks this since they weren't notarized. Maybe i'm way off on this but i'm just confused why none of the letters in support weren't addressed.

What's everyone's thoughts on this?

Frank

[john999]

My thoughts on the fact the VA never addressed your buddy letters is that the VA has an obligation to examine all the evidence a vet has to decide a claim. I had spouse letters and letters from my brother and the VA did address them when I filed for IU back in 2001. That is not what decided the claim but it was and is evidence.

[windy city]

Not trying to sound dumb but can somebody please explain item number #2.

Whether they are notorized or not the statements are evidence. Was your claim denied?

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 3 - ADJUDICATION

subpart a - PENSION, COMPENSATION, AND DEPENDENCY AND INDEMNITY COMPENSATION

3.159 - Department of Veterans Affairs assistance in developing claims.

(a) Definitions. For purposes of this section, the following definitions apply: (1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

[sharon]

(2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

This means that a person can bear witness to what the saw or heard but the cannot give a dignosis.

Example: Sgt GI Joe had an accident in 1968 while we were stationed in Hell. After the accident he was my roommate. He would wake up screaming in the middle of the night. He complained that he did not want to entered closed spaces anymore and would often isolate himself from other. OK

Example: Sgt GI Joe had an accident in 1968 while we were stationed in Hell. After the accident he was my roommate. He started have panic attacks and PTSD. Not OK. He has no medical traing to dignosis a mental condition.

[Pete53]

Sharon:

Thank you many need to know this. Lay people should try to avoid using medical terms but explain the things that happen that a competent medical person could use to help grant a proper diagnosis.

[WHOLESALE]

Thanks Sharon, I had my roomie revise the letter according to what you suggested. That makes sense to not play doctor since it's lay evidence.

Frank

(2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

This means that a person can bear witness to what the saw or heard but the cannot give a dignosis.

Example: Sgt GI Joe had an accident in 1968 while we were stationed in Hell. After the accident he was my roommate. He would wake up screaming in the middle of the night. He complained that he did not want to entered closed spaces anymore and would often isolate himself from other. OK

Example: Sgt GI Joe had an accident in 1968 while we were stationed in Hell. After the accident he was my roommate. He started have panic attacks and PTSD. Not OK. He has no medical traing to dignosis a mental condition.

[windy city]

I had two buddies write statements that they first hand saw my sleep disorder and one of them stated that when we got back he was told that it was sleep apnea. The va said that because there was no diagnose in my medical records denied. If I would have known that this was a sleep disorder I would have gone to see the doctor.

Thanks Sharon, I had my roomie revise the letter according to what you suggested. That makes sense to not play doctor since it's lay evidence.

Frank