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Third Party Witness Statements


jessie0054

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Hello:

Has anybody used a Third Party Witness Statement??

Are They worth the Effort to get??

How about Family and Friend Statements, Do the VA ever consider them??

Thanks:

Jessie

Oh, One more thing!!

What is the Warning thingy?? Have i done a boo boo??

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No- we all get that warning thing-

I fully believe (and even NVLSP recommends) that family statements, co-worker statements, and buddy statements from inservice buddies can do a lot to help a claim.

I think all statements like this should be notarized with email and telephone numbers of the person making the statement.

We had someone here today- where the VA called the buddy. That is not unusual.

A Buddy statement from someone in a vets unit with the same MOS or ops involvement at the time can help tremendously as an eye witness account of the event.

I helped a little with a claim last year and suggested a buddy statement- via finding a vet through the VA_ I posted how the VA does this somewhere here today.

The Buddy not only was found and contacted the vet, he gave a bonafide statement that cannot be refuted.

He detailed the specific inservice event and told the VA , in his statement, that he has PTSD too from the exact same event and gave the VA his c file number and disability rating to check it.

Family members are good for stating changes in ones behavior, additional limits to themselves if their disability is increasing, and to corroborate numerous other things. I gave SSA a complete rendition of my husband's disabilties due to his stroke-as to the extent of his limits-could not tell hot water from cold, visual problems (we had to buy a big TV), he could not dial phone or handle change well, could not write checks too well and could not determine the value of any paper money in his pocket. stuff like that.

This corroborated the type of brain trauma he had in 6 distinct cerebral areas that involved different systems.

Co- workers can often provide excellent statements as to how ones disabiltiy affects their ability to work- then again some former bosses can hardly wait to state negative stuff-

If you make it very clear that this is a request- not for some lawsuit under the ADA but only to describe your work behavior and limits due to SC disability for VA purposes only-often a former employer will help.

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  • HadIt.com Elder

Please see

BUCHANAN v. NICHOLSON [06/14/2006]

download - - http://caselaw.lp.findlaw.com/data2/circs/fed/057174p.pdf

A decision of the Court of Appeals for Veterans Claims affirming a denial of claimant's claim for service connection for a psychiatric disorder is vacated where the veterans claims court accepted a legally erroneous interpretation of statutory and regulatory provisions pertaining to a veteran's ability to prove service connection through competent lay evidence.

III. CONCLUSION

The Veterans Court erred by affirming the Board’s erroneous statutory and regulatory interpretation that lay evidence cannot be credible absent confirmatory clinical records to substantiate the facts described in that lay evidence. Accordingly, we vacate the Veterans Court decision and remand the case for proceedings consistent with this opinion.

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No- we all get that warning thing-

I fully believe (and even NVLSP recommends) that family statements, co-worker statements, and buddy statements from inservice buddies can do a lot to help a claim.

I think all statements like this should be notarized with email and telephone numbers of the person making the statement.

We had someone here today- where the VA called the buddy. That is not unusual.

A Buddy statement from someone in a vets unit with the same MOS or ops involvement at the time can help tremendously as an eye witness account of the event.

I helped a little with a claim last year and suggested a buddy statement- via finding a vet through the VA_ I posted how the VA does this somewhere here today.

The Buddy not only was found and contacted the vet, he gave a bonafide statement that cannot be refuted.

He detailed the specific inservice event and told the VA , in his statement, that he has PTSD too from the exact same event and gave the VA his c file number and disability rating to check it.

Family members are good for stating changes in ones behavior, additional limits to themselves if their disability is increasing, and to corroborate numerous other things. I gave SSA a complete rendition of my husband's disabilties due to his stroke-as to the extent of his limits-could not tell hot water from cold, visual problems (we had to buy a big TV), he could not dial phone or handle change well, could not write checks too well and could not determine the value of any paper money in his pocket. stuff like that.

This corroborated the type of brain trauma he had in 6 distinct cerebral areas that involved different systems.

Co- workers can often provide excellent statements as to how ones disabiltiy affects their ability to work- then again some former bosses can hardly wait to state negative stuff-

If you make it very clear that this is a request- not for some lawsuit under the ADA but only to describe your work behavior and limits due to SC disability for VA purposes only-often a former employer will help.

Berta Thanks for your reply!!

BTW, This is for my son's claim that i am working for him, Since he can't do it himself.

I have givin my own statement since who would know the changes best than his own mother!! But i was thinking about others he was in contact with before and after his service time. If they would pull much weight, You answered that well and i will spend more time now trying to contact some of his old fiends and classmates to whom he still has connections with, Maybe they will help me out here.

Also, My son has since he returned from the service has had many problems ESP. with Memory. He gets so flustrated that he can't remember even the first names of those who he served with [ except one who lives a few miles away] I can question him and on some days might make some progress, But other days i can get nowhere and when he gets upset because he can't remember i just give it a rest.

How do i go about finding others who served with him??

I could ask the other guy who lives only a few miles away, But he has a really bad drinking problem and i have yet to catch him on a GOOD DAY!! At a Good time, no matter how early in the day i contact him.

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Please see

BUCHANAN v. NICHOLSON [06/14/2006]

download - - http://caselaw.lp.findlaw.com/data2/circs/fed/057174p.pdf

A decision of the Court of Appeals for Veterans Claims affirming a denial of claimant's claim for service connection for a psychiatric disorder is vacated where the veterans claims court accepted a legally erroneous interpretation of statutory and regulatory provisions pertaining to a veteran's ability to prove service connection through competent lay evidence.

III. CONCLUSION

The Veterans Court erred by affirming the Board’s erroneous statutory and regulatory interpretation that lay evidence cannot be credible absent confirmatory clinical records to substantiate the facts described in that lay evidence. Accordingly, we vacate the Veterans Court decision and remand the case for proceedings consistent with this opinion.

Thanks Wings!!

I book marked this in case i need it.

Thanks again!!

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  • HadIt.com Elder

Be sure and have all the third party witness statements notarized. That is a big thing and very important.

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