I wanted to pass along some things i have learned from this site, please comment with things i didnt think of and what you have learned. First of all many thanks to Bert and asknod for all their help and research that helped me on this site. I wanted to do this so when i respond to posts i can just point to this post instead of re-writing it.
SENDING EVIDENCE:
I would say "this goes without saying" however it didnt for me for awhile, i sent evidence via ebenefits or via mail and never kept copies of it and never sent it the right way just regular one stamp snail mail.....
Whenever you are going to send Evidence, now you have to send it to one of two places; Janesville, WI or Newnan, GA. you can find which one pertains to you here.
DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER
PO BOX 5235
NEWNAN, GA 30271-0020
FAX: TOLL FREE: 844-531-7818
DID: 248-524-4260
DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 5235
JANESVILLE, WI 53547-5235
You arent required to do so as this is normally a VSO form, however i use the "VA 21-4138 Statement in Support of Claim" personally so that its a "official form", but i know other send in evidence with just a normal letter.
Either way.. When you send in evidence write the following information on the form
1) what claim this is pertaining to, ie "In reference to my PTSD claim Dated ________"
2) that you want this evidence and letter included in your c file for you claim/appeal\
3) What evidence is included and HOW MANY PAGES.
4) On every page include your Full name and C File or Social Security number as well as page number ie "1 of 20, 5 of 20, etc.". This method of numbering may even be simple enough for a rater to realize they dont have all the evidence if they are going through your evidence and realize they just went from page 6 of 72 to Page 38 of 72!
For an example of #3 i would write this below.
"Evidence:
36 pages evidence, 38 total pages including VA Form 21-4138
1) Physicians notes from Dr. Smith Dated 1/1/2015 pertaining to symptoms of Migraines 2 pages
2) Physicians notes from Dr. Smith Dated 1/5/2015 pertaining to symptoms of Migraines 4 pages
3) ER Discharge notes Dated 2/1/2015 5 pages
4) Prescription order from Dr. Smith Dated 1/1/2015 1 page
5) Prescription order from Dr. Mike Dated 2/1/2015 1 page
6) Personal Headache Diary Dated 1/1/2015-6/14/2015 25 pages"
I number each piece of evidence by hand and that way if you are denied or not given the rating you feel you deserve you can make sure all the evidence you submitted was considered. If it was not then you have a case for your NOD/Appeal/CUE. i will leave the "should i file a cue for this?" question to the experts in that field.
Once i have all the evidence in hand that you want to submit I send it 3(or 4 or 5) ways
1) USPS
2) FAX
3) IRIS
4) Ebenefits (if applicable)
5) hand deliver (if possible)
Step 1:
make a copy of the evidence and letter/statement of understanding you are sending, if possible copy the original with signature, if not print off another copy. This is for your records
Step 2:
Put the evidence into a envelope with the statement of understanding. Go to the Post office and Send it CERTIFIED MAIL as well as RETURN RECEIPT. Certified Mail will ensure that you can prove that you did send it, track it and see when it was delivered. Return Receipt will will show WHO exactly signed for it, it looks like a index card and affixes to the back of the latter and the person who get sits signs for it and puts it back in the mail to be delivered to you. THis shows proof of delivery and acceptance, etc. I have heard (couldnt find the thread) here on hadit that you can go to the local usps and show them your certified mail slip and they may be able to show who exactly signed for it. This is important. If your claim is denied and you sent it via regular mail with a couple stamps you cannot prove you sent it or the va received it. With certified mail you can prove that you did mail it and it was delivered to the correct address, with return receipt you can prove not ONLY was it DELIVERED but that it not only made it to the building but dumby in the mail room HAD IT IN HIS HANDS long enough to sign the return receipt. This will run you around $10 depending on weight of package/envelope. Yes its expensive, however its not like you are doing this 10x a month, and plus its better to cover your ass. want to spend a few bucks now or draw this ordeal out over a few years more?
In a a Veteran was told by the VA "there was no advantage" in sending certified mail and to send their request for extension of time to submit evidence via regular mail. This is a load of BS (and it was noted as such in the thread), the VA doesnt want you to send it certified because then they know you cant prove you sent the evidence in within the prescribed time period allowed. IF anyone tells you something like this then they are either full of it, or just uninformed, either way dont listen go certified/return receipt every single time.....
Step 3:
Fax the information in to the intake center fax #
This is not fool proof and is more of a good old fashioned redundancy the VA needs to actually get your evidence. I have heard stories of people sending in usps, fax and regular mail and IRIS messages and only one is ever received and logged in......
I keep the copy that the fax machine spits out to say "Transmission OK" along with the # of sheets and # it was sent to.
I have heard in cases that the VA will not take this with any weight as being proof of being sent. The reason i say to do this is so that if the perfect storm of idiocy happens and you send your evidence in with all 4 different methods and NONE is ever received or reviewed by the rater during you DRO hearing/appeal/CUE etc this will only add weight to the fact that you did everything humanly possible, you mailed it in certified return receipt, faxed it, hand carried, iris message and uploaded to ebenefits, and there was nothing else you could have done for the va to get access to this evidence. you cover yourself in a warm blanket of "i tried, i made the effort, you suck, its your problem not mine"
Step 5:
This will depend on whether this is a initial claim made on ebenefits or an appeal, etc.
For my predetermination for reduction i can no longer submit evidence via ebenefits so this wouldnt apply to me, however it would for other claims. so if you can upload the evidence of course do that there.
Step 6:
Since the latest move my VARO is nowhere near me and i am not personally going to drive hours to do so, you can choose to if you want or if its close then definitely do this.
You will want to make sure that you get a stamped and dated copy of everything you turn into them. This is golden once again, because this absolutely proves the VA received it, they stamped it personally, no doubt there.
Step 7:
Go on IRIS send a message stating on XX Date i sent in a statement in support of claim (then state the details or generals of what the statement contained), that it included X amounts of pages of medical evidence (then detail list what each piece of evidence was and says), that you mailed it certified return receipt via usps. then state what day/time you faxed the information, then state when you uploaded the evidence to ebenefits (if applicable) then what date you hand carried it to your local VARO that is handling you claim (if applicable and get the name of who you delivered it to, if the VSo did it for you, then their name and who they delivered it to).
Once you do all this you are sitting pretty and although they may screw up your claim, etc. but they will not be able to claim they didnt receive the evidence when you appeal, etc.
I also loved what
"I got so fed up with the RO losing my stuff in the 1990s that everything I sent them started to have a CC: to the Secretary of VA too (Jesse Brown,Gober etc -whoever it was)and I stated with the submission that -if what I identified in the cover letter -got 'lost' again-contact - the VA Sec for a copy.
I did this recently too- but told them to contact the General Counsel's benefits attorney in DC -if they 'lose' my IMOs- as he has a copy of them all.
Sometimes a date that VA has actual 'possession' of evidence can be critical to a claim.I have studied the Bell V Derwinski situation a lot- and this case clearly spells out "constructive possession" of evidence by the VA-doesnt matter who in the VA has the evidence, as long as someone does- (in most cases)"
Update From berta
"The only tip I can add it this.....list with a brief description ,each piece of evidence you have sent, right on the 5103 waiver form.
I also added on my 5103 that John ______ of the Buffalo VARO verified my Evidence as received, by his phone call of
March something 2015 )
Instead of him saying yeah we got all the evidence you sent, I asked him to read back a brief description of each piece, clearly described with the cover letter I sent in with it all.
He did, and this way he could not make up anything as to what they had, and all of it , he said , was going to the 'right person, to make an immediate decision on both claims that the evidence pertained to.
They read the one piece of evidence for the HBP claimed they denied and then reversed the denial very fast.."
SAVE ALL CORRESPONDENCE WITH THE VA
I Will add that everyone should be keeping all correspondence with the VA. I didnt for a long time and suffered because of it. To look back at a old decision, etc. instead of it taking 30 seconds to open a file cabinet and pull out the VA file, it took me weeks of searching through boxes etc.
I have a hard copy file of
1) Decisions
2) Correspondence
a) letters to me from the VA (anything comp related but not decisions)
b) letters FROM me to the VA
In the letters from Me to the Va file i have the following....
-copy of the original letter (with signature)
-Copy of Fax Transmission
-original Certified mail receipt
-return receipt once mailed back to me
-copy of email of IRIS transmission
-Copy of documents dated and stamped by VA as 'Received' when hand carried
These are all filed by date sent. Once my decision is final, appeals are done, etc. Then i put all the correspondence to and from the VA and decision letters into a file regarding my specific claim(s). so to be able to reference it and its history easier.
I also keep a education one, but that doesnt matter here as much. Whats important is to at the very least keep a copy of everything they send you and you send them.
I also alsways request email or official mail as the correspondence i want when they va is to notify me, answer questions etc. Yes getting a call is easier however a letter or email is official, a conversation on the phone has no record you can file away. and remember you cant record a conversation with ANYONE without their permission.
KEEP ALL YOUR DOCUMENTS.
GET COPIES OF PRIVATE PHYSCIAN NOTES/EXAMS
I also keep a file of all SC related private physician visits, i get a copy of that exam/notes every....single...visit....yes it costs a few bucks, yes it takes time, but its better to have ALL OF that now and have it ready to load and fire when needed than scrambling when you dont have time to. Plus you remember everything that you talked abotu the physician with right after the visit not a year or two later, that way you can make sure the record and notes are correct.
SELF ENTERED EVIDENCE
Depending on your exact claim I have personally taken a few tips from some vets here on keeping my own personal records of my Health and Medical issues.
DIARIES:
I keep a diary for all my medical problems and each are individual to the issue.
I keep a headache diary for all my migraines, another for issues with PTSD, etc. In the PTSD one i write down a couple words per day of how i was feeling. not in depth nancy drew diary entries, just if i was depressed, stressed, on alert, nightmares, panic attacks. This may not seem like much but if you keep down that every day for years, when you go back in for re-evaluation on top of having private/va care notes showing how you are doing, if its worse, etc. on top of sworn affidavits and the exams this will help to bolster you case and show day by day by day how this affects your life in a adverse way. Dont make stuff up, dont lie, tell the truth and be honest and dont hold back.
MYHealthEVet:
I learned on hadit from another vet that he goes onto his account on MyHealthEVet and logs in all his issues everyday as his diary.
I personally keep a hard copy and this copy. Once a month i log in and transcribe my hard copy into MYHealthEVet.
Go to "Track Health" Tab at the top, then to "Medical Events" on the Right (notice in the future this may change)
I transcribe this all down as i mentioned, you can print it off as well.
NOTE: this information IS NOT and i repeat IS NOT a official medical record and is not shared with your primary care at the VA, the only way to share this is to print it off and hand it to them. This is how you will submit this as evidence. do not assume the VA sees this just because it is a VA system, they do not.
I log down all my medical events for anythign SC as well as issues that are SC but not ratable. IE my bilateral hearing loss is service connected but currently not compensable. So i keep a log of how it affects my life, times i couldnt hear a conversation, misheard my wife, messed up at work because i misheard. Yes right now the audiogram shows that my hearing is not compensable, in the future it will be so this will be part of my evidence for that claim in the future.
LAY STATEMENTS/Buddy Statments/Sworn Affidavits
These are often called "Buddy Statements" and are basically non medical folks providing a statement as to how you got your injury and/or how it affects you.
Often these are from yourself, your spouse, friends, co workers, old unit buddies, boss.
Lay statements by themselves are NOT golden, they are not a foundation for a claim. If your claim was a puzzle these are like the corner pieces that can help piece everything together for you. they can be very powerful in establishing that X event occured and that is why you are suffering from Y now.
If you ahve multiple buddies providing lay statements as well as yourself as to what happened along with some unit diaries/records this can make your claim much easier to prove that it did happen even if you never sought treatment for it at the time.
As far the showing of "how X affects your daily life" statements from your wife and family are very powerful when in conjunction with a good C&P exam or Private IME. letters from your boss saying you have in fact missed X days this month/year/years due to your Y disability is also very helpful to connect the dots on the "how does this affect you" scale.
There is not official form that i know of for Lay statements they are usually just letters. Often i type these up for people and send them to them asking them to add anything they feel is pertinent on top of what i wrote and then if they agree with it to sign it. I know now what the VA is looking for, by that i mean instead of my wife writing "some days are pretty bad and its hard for me to deal with" i will help out and write out more details based on what she has told me, so that the VA rater can better understand. Barney style.
I would also recommend instead of jsut a regular letter you go with a Sworn Affidavit. i got mine of Christ Attig's site (he is a contributor here and i highly recommend his ebooks, i have bought quite a few).
---------------------------
SWORNDECLARATIONOF NAME
STATEOF XX §
COUNTY OF XX §
Pursuant to 28 U.S.C. 1746, I, NAME, declare under penalty of perjury that the foregoing is true and correct:
"My name is NAME. I am more than eighteen years of age, of sound mind, and fully competent to make this affidavit. I have personal knowledge of the matters set forth below.
How it affects you, me, etc
How it affects you, me, etc.
Executedon DATE
Signed:
SIGNATURE
NAME
---------------------------
The difference between a Sworn Affidavit and a Lay statment (letter) is that if someone lies about their symptoms or about someone elses in a normal letter and the VA finds out, then nothing happens, it was just a letter (i know this isnt exactly the correct legal terminology). In a Sworn Affidavit you are affirming with your signature under the penalty of Perjury that what you are saying is true and you are legally liable for every statement. Thus the VA holds affidavits in much higher regard than a regular letter.
I have read, but not confirmed if you just put "I affirm under the penalties of perjury that this statement is true." at the bottom of a regular letter that makes it sworn.
I have also read some folks have it notarized to add more "officialness" to it, i dont know it that adds more weight or not, if its easy to have done, why not? but i wouldnt see why a notary would make it more weighted when it is already a sworn affidavit.
A Few more notes on what to write:
If your friend/family want to write their own and to check you own make sure you have/check the following in the statement
IF TO ESTABLISH SERVICE CONNECTION:
-How was that person in a position to see or know about the event
Did they specifically see the event or hear about it later?
-What happened
-How were you after the event
-What did they witness as to your medical state immediately after and longer after the event
Do not have them attempt to diagnose you...
Example do not have in this statmenet "After the IED attack John Smith was showing symptoms of TBI and PTSD." They are not a doctor, have them describe symptoms and symptoms only no names of diseases no matter how obvious. "He was knocked unconcious for over 5 minutes and after he woke up he was disoriented for hours after not knowning where he was or what happened. He couldnt talk right for hours after as well, and still had issues days later with speaking clearly, prior to the attack he was always articulate in his speech and conversations."
IF TO ESTABLISH HOW IT AFFECTS YOU NOW
-How is that person in a position to know what is going on
If you dont have them write that they are your spouse or girlfriend how is the VA to know? They need to tell teh VA who they are, their relationship to you as well as how often they are around you. If you dont write, I live with him and we spend every day together how will they know?
-Once again No diagnosis just symptoms
As written above dont diagnose the veteran even if they DO already have a diagnosis.
Say the veteran has a arthritis of the knees, diagnosed. Dont write "Dougs Arthritis makes it hard from him to get up off the floor or out of bed, hes in pain."
Describe every symptom and situation where this affects "Doug"
"Doug complains multiple times per hour of every day for past X years of the pain in his joints. When Doug attempts to get out of bed every morning the pain he experiences causes this to take much longer than a normal person, requiring slow, methodical and painful movements to orientate himself to be able to get out and stand up...."
Lay evidence/Buddy Statement/Lay Statement's are extremely important for a rating decision. The rater will see the boxes checked on the DBQ and a few "patient complains of pain in his back throughout the day" in some medical evidence you submit. However a big part of your rating is how does this affect your ability to cope with daily normal life. With statements like these from friends saying how hard it is for you to go and do the things you all used to, or your wife/husband saying it makes you angry and disoriented at home and hurts your marriage, or your boss saying you are missing a lot of days of work because of it....it helps a lot to show that this disability is hurting your ability to live a normal life and may be deserving of a higher percentage rating than jsut what the DBQ points to.
Every little bit helps.
NOTE:
My plan is to incorporate further reply posts into the original document above through editing as advice/ comments come in.
If i am wrong or misspoke about something let me know so i can edit it, if you have any other advice/comments to add please let me know.
I also wanted to make this abundantly clear, especially if you are filing your first claim or still a newbie to the VA's......'interesting' ways of doing business.
If you follow this advice to a T, do everything described above... THIS DOES NOT GUARANTEE ANYTHING OTHER THAN....THE VA CANNOT CLAIM IN YOUR APPEAL THEY DID NOT RECEIVE THE EVIDENCE. Doing this does not guarantee that the evidence will get to the raters, or that the evidence will be in your C File or that the evidence will be considered by the raters or anything really. What it does mean is that if the evidence, between your C&P exam as well as private physician and other medical evidence DOES and SHOULD for example reflect a 50% rating and they give you 10% because they only considered the C&P exam you can appeal/cue/etc that decision stating the rating was not properly conducted, etc. and that not all of the evidence was considered.
I repeat this only keeps your patooty covered for an appeal based on the quality of your evidence, that is all.
Question
USMC_VET
**UPDATE***
I have created a PDF Version with much more detail than the original post. It was originally going to be a ebook, may still do that, but here it is.
HADIT UPLOAD EVIDENCE HOW TO.pdf
I wanted to pass along some things i have learned from this site, please comment with things i didnt think of and what you have learned. First of all many thanks to Bert and asknod for all their help and research that helped me on this site. I wanted to do this so when i respond to posts i can just point to this post instead of re-writing it.
SENDING EVIDENCE:
I would say "this goes without saying" however it didnt for me for awhile, i sent evidence via ebenefits or via mail and never kept copies of it and never sent it the right way just regular one stamp snail mail.....
Whenever you are going to send Evidence, now you have to send it to one of two places; Janesville, WI or Newnan, GA. you can find which one pertains to you here.
DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER
PO BOX 5235
NEWNAN, GA 30271-0020
FAX: TOLL FREE: 844-531-7818
DID: 248-524-4260
DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 5235
JANESVILLE, WI 53547-5235
FAX: TOLL FREE: 844-822-5246 (844VACLAIM)
DID: 608-373-6690
You arent required to do so as this is normally a VSO form, however i use the "VA 21-4138 Statement in Support of Claim" personally so that its a "official form", but i know other send in evidence with just a normal letter.
Either way.. When you send in evidence write the following information on the form
1) what claim this is pertaining to, ie "In reference to my PTSD claim Dated ________"
2) that you want this evidence and letter included in your c file for you claim/appeal\
3) What evidence is included and HOW MANY PAGES.
4) On every page include your Full name and C File or Social Security number as well as page number ie "1 of 20, 5 of 20, etc.". This method of numbering may even be simple enough for a rater to realize they dont have all the evidence if they are going through your evidence and realize they just went from page 6 of 72 to Page 38 of 72!
For an example of #3 i would write this below.
"Evidence:
36 pages evidence, 38 total pages including VA Form 21-4138
1) Physicians notes from Dr. Smith Dated 1/1/2015 pertaining to symptoms of Migraines 2 pages
2) Physicians notes from Dr. Smith Dated 1/5/2015 pertaining to symptoms of Migraines 4 pages
3) ER Discharge notes Dated 2/1/2015 5 pages
4) Prescription order from Dr. Smith Dated 1/1/2015 1 page
5) Prescription order from Dr. Mike Dated 2/1/2015 1 page
6) Personal Headache Diary Dated 1/1/2015-6/14/2015 25 pages"
I number each piece of evidence by hand and that way if you are denied or not given the rating you feel you deserve you can make sure all the evidence you submitted was considered. If it was not then you have a case for your NOD/Appeal/CUE. i will leave the "should i file a cue for this?" question to the experts in that field.
Once i have all the evidence in hand that you want to submit I send it 3(or 4 or 5) ways
1) USPS
2) FAX
3) IRIS
4) Ebenefits (if applicable)
5) hand deliver (if possible)
Step 1:
make a copy of the evidence and letter/statement of understanding you are sending, if possible copy the original with signature, if not print off another copy. This is for your records
Step 2:
Put the evidence into a envelope with the statement of understanding. Go to the Post office and Send it CERTIFIED MAIL as well as RETURN RECEIPT. Certified Mail will ensure that you can prove that you did send it, track it and see when it was delivered. Return Receipt will will show WHO exactly signed for it, it looks like a index card and affixes to the back of the latter and the person who get sits signs for it and puts it back in the mail to be delivered to you. THis shows proof of delivery and acceptance, etc. I have heard (couldnt find the thread) here on hadit that you can go to the local usps and show them your certified mail slip and they may be able to show who exactly signed for it. This is important. If your claim is denied and you sent it via regular mail with a couple stamps you cannot prove you sent it or the va received it. With certified mail you can prove that you did mail it and it was delivered to the correct address, with return receipt you can prove not ONLY was it DELIVERED but that it not only made it to the building but dumby in the mail room HAD IT IN HIS HANDS long enough to sign the return receipt. This will run you around $10 depending on weight of package/envelope. Yes its expensive, however its not like you are doing this 10x a month, and plus its better to cover your ass. want to spend a few bucks now or draw this ordeal out over a few years more?
In a a Veteran was told by the VA "there was no advantage" in sending certified mail and to send their request for extension of time to submit evidence via regular mail. This is a load of BS (and it was noted as such in the thread), the VA doesnt want you to send it certified because then they know you cant prove you sent the evidence in within the prescribed time period allowed. IF anyone tells you something like this then they are either full of it, or just uninformed, either way dont listen go certified/return receipt every single time.....
Step 3:
Fax the information in to the intake center fax #
This is not fool proof and is more of a good old fashioned redundancy the VA needs to actually get your evidence. I have heard stories of people sending in usps, fax and regular mail and IRIS messages and only one is ever received and logged in......
I keep the copy that the fax machine spits out to say "Transmission OK" along with the # of sheets and # it was sent to.
I have heard in cases that the VA will not take this with any weight as being proof of being sent. The reason i say to do this is so that if the perfect storm of idiocy happens and you send your evidence in with all 4 different methods and NONE is ever received or reviewed by the rater during you DRO hearing/appeal/CUE etc this will only add weight to the fact that you did everything humanly possible, you mailed it in certified return receipt, faxed it, hand carried, iris message and uploaded to ebenefits, and there was nothing else you could have done for the va to get access to this evidence. you cover yourself in a warm blanket of "i tried, i made the effort, you suck, its your problem not mine"
Step 5:
This will depend on whether this is a initial claim made on ebenefits or an appeal, etc.
For my predetermination for reduction i can no longer submit evidence via ebenefits so this wouldnt apply to me, however it would for other claims. so if you can upload the evidence of course do that there.
Step 6:
Since the latest move my VARO is nowhere near me and i am not personally going to drive hours to do so, you can choose to if you want or if its close then definitely do this.
You will want to make sure that you get a stamped and dated copy of everything you turn into them. This is golden once again, because this absolutely proves the VA received it, they stamped it personally, no doubt there.
Step 7:
Go on IRIS send a message stating on XX Date i sent in a statement in support of claim (then state the details or generals of what the statement contained), that it included X amounts of pages of medical evidence (then detail list what each piece of evidence was and says), that you mailed it certified return receipt via usps. then state what day/time you faxed the information, then state when you uploaded the evidence to ebenefits (if applicable) then what date you hand carried it to your local VARO that is handling you claim (if applicable and get the name of who you delivered it to, if the VSo did it for you, then their name and who they delivered it to).
Once you do all this you are sitting pretty and although they may screw up your claim, etc. but they will not be able to claim they didnt receive the evidence when you appeal, etc.
I also loved what
"I got so fed up with the RO losing my stuff in the 1990s that everything I sent them started to have a CC: to the Secretary of VA too (Jesse Brown,Gober etc -whoever it was)and I stated with the submission that -if what I identified in the cover letter -got 'lost' again-contact - the VA Sec for a copy.
I did this recently too- but told them to contact the General Counsel's benefits attorney in DC -if they 'lose' my IMOs- as he has a copy of them all.
Sometimes a date that VA has actual 'possession' of evidence can be critical to a claim.I have studied the Bell V Derwinski situation a lot- and this case clearly spells out "constructive possession" of evidence by the VA-doesnt matter who in the VA has the evidence, as long as someone does- (in most cases)"
Update From berta
"The only tip I can add it this.....list with a brief description ,each piece of evidence you have sent, right on the 5103 waiver form.
I also added on my 5103 that John ______ of the Buffalo VARO verified my Evidence as received, by his phone call of
March something 2015 )
Instead of him saying yeah we got all the evidence you sent, I asked him to read back a brief description of each piece, clearly described with the cover letter I sent in with it all.
He did, and this way he could not make up anything as to what they had, and all of it , he said , was going to the 'right person, to make an immediate decision on both claims that the evidence pertained to.
They read the one piece of evidence for the HBP claimed they denied and then reversed the denial very fast.."
SAVE ALL CORRESPONDENCE WITH THE VA
I Will add that everyone should be keeping all correspondence with the VA. I didnt for a long time and suffered because of it. To look back at a old decision, etc. instead of it taking 30 seconds to open a file cabinet and pull out the VA file, it took me weeks of searching through boxes etc.
I have a hard copy file of
1) Decisions
2) Correspondence
a) letters to me from the VA (anything comp related but not decisions)
b) letters FROM me to the VA
In the letters from Me to the Va file i have the following....
-copy of the original letter (with signature)
-Copy of Fax Transmission
-original Certified mail receipt
-return receipt once mailed back to me
-copy of email of IRIS transmission
-Copy of documents dated and stamped by VA as 'Received' when hand carried
These are all filed by date sent. Once my decision is final, appeals are done, etc. Then i put all the correspondence to and from the VA and decision letters into a file regarding my specific claim(s). so to be able to reference it and its history easier.
I also keep a education one, but that doesnt matter here as much. Whats important is to at the very least keep a copy of everything they send you and you send them.
I also alsways request email or official mail as the correspondence i want when they va is to notify me, answer questions etc. Yes getting a call is easier however a letter or email is official, a conversation on the phone has no record you can file away. and remember you cant record a conversation with ANYONE without their permission.
KEEP ALL YOUR DOCUMENTS.
GET COPIES OF PRIVATE PHYSCIAN NOTES/EXAMS
I also keep a file of all SC related private physician visits, i get a copy of that exam/notes every....single...visit....yes it costs a few bucks, yes it takes time, but its better to have ALL OF that now and have it ready to load and fire when needed than scrambling when you dont have time to. Plus you remember everything that you talked abotu the physician with right after the visit not a year or two later, that way you can make sure the record and notes are correct.
SELF ENTERED EVIDENCE
Depending on your exact claim I have personally taken a few tips from some vets here on keeping my own personal records of my Health and Medical issues.
DIARIES:
I keep a diary for all my medical problems and each are individual to the issue.
I keep a headache diary for all my migraines, another for issues with PTSD, etc. In the PTSD one i write down a couple words per day of how i was feeling. not in depth nancy drew diary entries, just if i was depressed, stressed, on alert, nightmares, panic attacks. This may not seem like much but if you keep down that every day for years, when you go back in for re-evaluation on top of having private/va care notes showing how you are doing, if its worse, etc. on top of sworn affidavits and the exams this will help to bolster you case and show day by day by day how this affects your life in a adverse way. Dont make stuff up, dont lie, tell the truth and be honest and dont hold back.
MYHealthEVet:
I learned on hadit from another vet that he goes onto his account on MyHealthEVet and logs in all his issues everyday as his diary.
I personally keep a hard copy and this copy. Once a month i log in and transcribe my hard copy into MYHealthEVet.
Go to "Track Health" Tab at the top, then to "Medical Events" on the Right (notice in the future this may change)
I transcribe this all down as i mentioned, you can print it off as well.
NOTE: this information IS NOT and i repeat IS NOT a official medical record and is not shared with your primary care at the VA, the only way to share this is to print it off and hand it to them. This is how you will submit this as evidence. do not assume the VA sees this just because it is a VA system, they do not.
I log down all my medical events for anythign SC as well as issues that are SC but not ratable. IE my bilateral hearing loss is service connected but currently not compensable. So i keep a log of how it affects my life, times i couldnt hear a conversation, misheard my wife, messed up at work because i misheard. Yes right now the audiogram shows that my hearing is not compensable, in the future it will be so this will be part of my evidence for that claim in the future.
LAY STATEMENTS/Buddy Statments/Sworn Affidavits
These are often called "Buddy Statements" and are basically non medical folks providing a statement as to how you got your injury and/or how it affects you.
Often these are from yourself, your spouse, friends, co workers, old unit buddies, boss.
Lay statements by themselves are NOT golden, they are not a foundation for a claim. If your claim was a puzzle these are like the corner pieces that can help piece everything together for you. they can be very powerful in establishing that X event occured and that is why you are suffering from Y now.
If you ahve multiple buddies providing lay statements as well as yourself as to what happened along with some unit diaries/records this can make your claim much easier to prove that it did happen even if you never sought treatment for it at the time.
As far the showing of "how X affects your daily life" statements from your wife and family are very powerful when in conjunction with a good C&P exam or Private IME. letters from your boss saying you have in fact missed X days this month/year/years due to your Y disability is also very helpful to connect the dots on the "how does this affect you" scale.
There is not official form that i know of for Lay statements they are usually just letters. Often i type these up for people and send them to them asking them to add anything they feel is pertinent on top of what i wrote and then if they agree with it to sign it. I know now what the VA is looking for, by that i mean instead of my wife writing "some days are pretty bad and its hard for me to deal with" i will help out and write out more details based on what she has told me, so that the VA rater can better understand. Barney style.
I would also recommend instead of jsut a regular letter you go with a Sworn Affidavit. i got mine of Christ Attig's site (he is a contributor here and i highly recommend his ebooks, i have bought quite a few).
---------------------------
SWORN DECLARATION OF NAME
STATE OF XX §
COUNTY OF XX §
Pursuant to 28 U.S.C. 1746, I, NAME, declare under penalty of perjury that the foregoing is true and correct:
Executed on DATE
Signed:
SIGNATURE
NAME
---------------------------
The difference between a Sworn Affidavit and a Lay statment (letter) is that if someone lies about their symptoms or about someone elses in a normal letter and the VA finds out, then nothing happens, it was just a letter (i know this isnt exactly the correct legal terminology). In a Sworn Affidavit you are affirming with your signature under the penalty of Perjury that what you are saying is true and you are legally liable for every statement. Thus the VA holds affidavits in much higher regard than a regular letter.
I have read, but not confirmed if you just put "I affirm under the penalties of perjury that this statement is true." at the bottom of a regular letter that makes it sworn.
I have also read some folks have it notarized to add more "officialness" to it, i dont know it that adds more weight or not, if its easy to have done, why not? but i wouldnt see why a notary would make it more weighted when it is already a sworn affidavit.
A Few more notes on what to write:
If your friend/family want to write their own and to check you own make sure you have/check the following in the statement
IF TO ESTABLISH SERVICE CONNECTION:
-How was that person in a position to see or know about the event
Did they specifically see the event or hear about it later?
-What happened
-How were you after the event
-What did they witness as to your medical state immediately after and longer after the event
Do not have them attempt to diagnose you...
Example do not have in this statmenet "After the IED attack John Smith was showing symptoms of TBI and PTSD." They are not a doctor, have them describe symptoms and symptoms only no names of diseases no matter how obvious. "He was knocked unconcious for over 5 minutes and after he woke up he was disoriented for hours after not knowning where he was or what happened. He couldnt talk right for hours after as well, and still had issues days later with speaking clearly, prior to the attack he was always articulate in his speech and conversations."
IF TO ESTABLISH HOW IT AFFECTS YOU NOW
-How is that person in a position to know what is going on
If you dont have them write that they are your spouse or girlfriend how is the VA to know? They need to tell teh VA who they are, their relationship to you as well as how often they are around you. If you dont write, I live with him and we spend every day together how will they know?
-Once again No diagnosis just symptoms
As written above dont diagnose the veteran even if they DO already have a diagnosis.
Say the veteran has a arthritis of the knees, diagnosed. Dont write "Dougs Arthritis makes it hard from him to get up off the floor or out of bed, hes in pain."
Describe every symptom and situation where this affects "Doug"
"Doug complains multiple times per hour of every day for past X years of the pain in his joints. When Doug attempts to get out of bed every morning the pain he experiences causes this to take much longer than a normal person, requiring slow, methodical and painful movements to orientate himself to be able to get out and stand up...."
Lay evidence/Buddy Statement/Lay Statement's are extremely important for a rating decision. The rater will see the boxes checked on the DBQ and a few "patient complains of pain in his back throughout the day" in some medical evidence you submit. However a big part of your rating is how does this affect your ability to cope with daily normal life. With statements like these from friends saying how hard it is for you to go and do the things you all used to, or your wife/husband saying it makes you angry and disoriented at home and hurts your marriage, or your boss saying you are missing a lot of days of work because of it....it helps a lot to show that this disability is hurting your ability to live a normal life and may be deserving of a higher percentage rating than jsut what the DBQ points to.
Every little bit helps.
NOTE:
My plan is to incorporate further reply posts into the original document above through editing as advice/ comments come in.
If i am wrong or misspoke about something let me know so i can edit it, if you have any other advice/comments to add please let me know.
I also wanted to make this abundantly clear, especially if you are filing your first claim or still a newbie to the VA's......'interesting' ways of doing business.
If you follow this advice to a T, do everything described above... THIS DOES NOT GUARANTEE ANYTHING OTHER THAN....THE VA CANNOT CLAIM IN YOUR APPEAL THEY DID NOT RECEIVE THE EVIDENCE. Doing this does not guarantee that the evidence will get to the raters, or that the evidence will be in your C File or that the evidence will be considered by the raters or anything really. What it does mean is that if the evidence, between your C&P exam as well as private physician and other medical evidence DOES and SHOULD for example reflect a 50% rating and they give you 10% because they only considered the C&P exam you can appeal/cue/etc that decision stating the rating was not properly conducted, etc. and that not all of the evidence was considered.
I repeat this only keeps your patooty covered for an appeal based on the quality of your evidence, that is all.
Edited by USMC_VET70% - PTSD
->50% - OSA (Secondary to PTSD)
30% - Bilateral Pes Planus w/Plantar Fasciitis
30% - Migraines
10% - Tinnitus
20% - Back
0% - bilateral shin splints
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