Va 21-4138 Statement In Support Of Claim As Evidence

[add55p]

All

Does a completed statement in support of claim (VA form 21-4138), filled out by the veteran, detailing an inservice episode carry much wait?

Does the rating specialist have to mention the completed VA 21-4138 as evidence reviewed in the evidence section of the rating decision packet?

Thank you,

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[john999]

I used the Statement in Support to get support statements from my wife and brother as to what they saw of my symptoms. It did not help that much, but the VA listed it. The letter from my private doctor is what got me over. That is medical evidence. I was asking for an increase so I did not have to establish SC, but to show it was worse. With a notary you are just signing in presence of some guy/gal that has a stamp and paid a fee to get it. In Florida a signed statement with two witness can top a notarized statement. Evidence and a vet's statement can be sort of equal if the vet is a combat vet and swears that this or that happened to him in combat. If he has a CIB or CAB it would help a lot, but the VA often wants hard evidence from documented source. A vet could swear he was shot in the arm and have a scar but the VA is not going to believe it unless he has a PH or medical evidence to support it. They just feel and believe that all vets are liars and after easy money.

John

[FormerMember]

<<<<<<<<<<<<<<My concern is why my VSO is not giving me any solid advice. >>>>>>>>>>>>>

The answer is simple. Your VSO has no legal training. A 40-hour MOPH intro to claims filing does not a juris doctor make. Lawyers are trained in the art of evidence gathering as well as what will win the day. I've had Vets arrive at my doorstep with all manner of evidence. Most of it is historical as they remember it. Little or none was probative or helpful in proving the claim. Watch a few Judge Judy shows to understand this concept.

Lay evidence. properly written or assembled, and when plausible, is a godsend to any claim. Conversely, merely saying "This is the way it happened." contributes nothing. VA calls this a historical recitation. Reciting the facts as you remember them and committing them to paper does not corroborate them. If a doctor writes it all down as you present it, it does not constitute your medical history.

​Allow me to give you an example. I filed in 94 for hep and Porphyria. My Air America records were not part of my SMRs. On my separation physical, I listed hepatitis as a disease suffered during my service in SEA. Here's how VA treated it back then and does today.

Layno v. Brown is the benchmark for what you can attest to. I would have been better off stating I had orange-colored skin, lost 38 lbs and spent 6 weeks in a building with a lot of people who wore white and called each other Doctor or Nurse.

Edited December 13, 2014 by asknod

[john999]

AskNod

You never mentioned being shot? I know this happened when you worked for Air America so all that was sealed or something? Did you ever get your Air America records? You must have or you got records from hospital where you were treated? Am I right? Your case is like a nightmare from which you don't wake up until you are dead.

I know, or think I know that you did some back flips to get all your problems service connected. I was in army hospital for horrible lung infection and those records as well as psychiatric out patient records are in the wind for me. I finally found out that doctor who treated me refused to turn over records to courts martial when army was trying to skin me alive. He said giving up those records would hurt our therapeutic relationship. What relationship? I was being court martialed out of the army. I was not going to be seeing that jerk ever again.

I do remember seeing a psychiatrist in Vietnam and describing dissociative symptoms I was having. I also remember him writing in my records I was personality disorder and the army should just kick me out. This is a guy I would like to water board.

[FormerMember]

Attached is what I won on. I pried it loose from the hospital over there in 1991 and sent it to the VA with my TDY records showing service in Vietnam. They promised to review it and get back to me. They never did and when the VA finally got around to go looking for them they had been destroyed. My actual AirAm service records records were sealed until years later . I got them on an FOIA in 2009. I was technically flying for them when I was shot even though I never was transferred out of the military. The AF said they didn't issue PHs to those who were employed by USAID or AirAm back then. My ID said USAID French teacher.

I refiled in 2007 with the exact same evidence. VA granted 16 months later and finally admitted I was in-country. The AF gave me all the medals except the PH and Air Medal this year. My shot record even shows me getting my Gamma Globulin shot at the US Embassy in Vientiane the day I was evaced back to Udorn. Maybe I just shot myself in the leg to get that spiffy GSW scar. Stolen Valor types will do anything. Besides, you folks all know Vets are inveterate liars and goldbricks.

The pink sheet was the winner for proof of in-country. Project VTY 277 was called Palace Dog. This is why we should all be packrats if we want to win our claims.

clear prop

AirAm medrecs from Tango 11.pdf

[john999]

Yes, I see where is says you were at TSN Airbase. You won on that paperwork! Well, I was lucky since I had RVN right on my DD214. I spent the whole year at a small air base near Bearcat. I don't know if I was exposed or not since we were in a rubber plantation and they did not spray the rubber trees. We did blow them up every chance we got and the USA paid for our damage. The USA paid for each tree we shot up, blew up or just dug up for sake of perimeter defense. Did you say you actually went back to Thailand to get evidence? If HIV had of been around then you probably would have got that as well from dirty blood. I think you should get your PH and Air Medals. You deserve them for what they are worth.

John