Wrongly Doctors

[Boracay]

Hello,

I am suffering severe memory loss and hormonal problems due to a Moderate TBI that wasn't documented properly in my SMR. I have 4 doctors that state it is more than likely due to the fall but my medical records said I broke my leg but didn't include the loss of conscience.

1.Is it unnecessary I track down a witness and have him write a statement?

2.Would whats in my medical records be enough even though it doesn't state direct head trauma I fell down second story stairs?

3. Is having four doctors say that it is because of my Head injury that it is more than likely the problem for my memory loss and hormonal problems enough even though my accident was poorly documented

[Capt.]

Hello Borcay,,,Ok ,,,with me ,,, I sent in 2 buddy statements but they were actual copies. As far as electronic,,,,well the VA must accept them . However I am, as well as others here, are more leary of the "Paperless" direction and I would suggest trying to use the original copies from your buddies to you. I would then make copies from the originals which you would save and send the VA their copies with your buddies address and PHONE NUMBERS as well as their DD214. I would NOT LEAVE OUT THEIR DD214s. As Carlie pointed out they need to also list where they were stationed and the DD214 just backs it up.

Also the wording from your doctor , ,,,,,"it is as least as likely as not" will be a better statement for them to say and more easier for the VA to digest with the BOD.

The VA has and very well could call your buddies for additional statements or clarification......it does happen. It also allows the Veteran complete cooperation and puts this as being complying above and beyond what the VA has asked for. Can later be used as sympathy to your pleadings during a court or BVA.

Also at the bottom of the statement from your buddies ,,,,,if they will put " I hereby certify that the above statements are true and correct to the best of my knowledge and belief "

This little known requirement that sometimes has been left off of buddy statements , can easily leave your buddy statements ruled out and left off of the evidentiary file. Many of our older members have had this happen and I would not take any chances.

Also ,,,,Teac brought up the validity of those doctors statements so the amount of information and records they have has got to be able to tie up the loose ends. I would even let the Doctor look at your buddy statements and he can list them on his IMO. And to make sure the doctors have looked at ALL of the medical and service records history and any other evidence and that they LIST IT in their reports.

Oh yes,,,,,my earlier report was short and sweet which may have offended you........ I have had a very difficult 2 weeks with my diseases and my Spa has been down ....so no Hydrotherapy to treat some of my issues. Thats why I have not been real active on the board and you were one of the fortunate ones I tried to at least answer. Hope this will give you some answers to follow in your trek with the VA. Starting out right with your claim helps sometimes without having to go back and correct it. I would also do what Carlie has suggested and add to it what I have posted


THIS IS A POST FROM SEVERAL YEARS AGO HERE so you might also read this too.

Posted 05 May 2009 - 04:57 PM
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. NEVER GIVE UP. God Bless. C.C.

P.S. Again Carlie asked why do you need this if you are 100 percent ,,,,,unless you are seeking SMCs. ....I am confused too.

• Q

Edited March 8, 2013 by Capt.Contaminate

[carlie]

Boracay,

When were you separated from active duty ?

What is your current 100 % SC for,

please post the percentage for each SC'd disability.

BTW - SC at 50 percent or highe,r provides for all necessary medical care

with no co-pay.

Thanks