BUDDY STATEMENT??? OPINIONS PLEASE!

[VetDeniedSince1980s]

Please read the attached Buddy Statement in support of my dads claim. How much can a buddy statement such as this mean to a case when there is very little evidence??? Any experiences regarding claims with buddy statements are greatly appreciated!!

 

Much Appreciated :)

Hadit... Buddy Statement.pdf

Edited October 23, 2015 by VetDeniedSince1980s

[VetDeniedSince1980s]

buddy statements are not anywhere near a silve rbullet, even an IMO isnt always, nothing is with the VA.  Buddy statements help to corroborate your claim and shed light on how it affects you life.  Wihtout them its often just a few sentences in a C&P is all the rater sees

"Veteran reports pain with headaches"

"Veterans reports issues with being to work with headaches"

Not as powerful and descriptive as a coworker explaining how you have to leave often, miss days, see you in pain or a wife talking about the stress of having to do all the work around the house because you cant help becaus eyou are in so much pain.

Its a tool, a weapon.  use all at your disposal

I appreciate your Opinion USMC!!! This buddy statement to us is a big deal to my dads claim. With no other real true evidence besides tests and medical opinions our buddy is an eye witness to my dads injury. Found this man after 40+ years by the grace of God!!!

Thank you for your reply and your service sir!!!

God bless all of you!!!

[VetDeniedSince1980s]

I submitted buddy statements with my recent claims and won, but I had an IMO. The VA listed them as evidence.

sweet Vync!!! Great to hear!!!! TY for sharing and serving our country!!! God bless!!!!

[USMC_VET]

I would look at possibly making this a sworn declaration using the template below.

If you can also try and track down a CO, officer or someone in a position of "leadership" to corroborate further the testimony.

 

Have you filed requests for Service records and Medical records from that unit, FOIA'd the medevac units in that area at that time?

I would start doing this now in case the claim is denied and you go to appeal.

Find out what medevac units were stationed in the area at that time.  look up old maps if you can find them and see who was in lying distance or stationed at that firebase or the medevac unit attached to the Aid Station/hospital/etc and start to FOIA unit daily reports, etc for those weeks, months and see if you can find a record of your dads name in flight records, etc.  Even a record of a medevac for a leg injury from your unit that day combined with this statement would help immensely.  be prepared for months of waiting for FOIA, i waited 5 for mine, then again mine was for iraq so those records are under more scrutiny than NAM records for "Classified" stuff.

Try to track down any records you can find whether the medevac unit, the field hospital, aid station, etc he was taken to

 

 

 

 

SWORN DECLARATION OF NAME

 

 

 

STATE OF    YOUR STATE §

 

COUNTY OF     YOUR COUNTY §

 

Pursuant to 28 U.S.C. 1746, I, NAME, declare under penalty of perjury that the foregoing is true and correct:

 

1. "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.

2. STATEMENT…..

 

 

Executed on DATE

Signed:

 

 

___________________________________________

PRINTED NAME

[broncovet]

Buddy statements can document "lay evidence".  They wont provide a nexus, they wont make a diagnosis.  They can only help document the "in service event" if it is lacking.  "buddys" can not make medical statements but they can report observable symptoms.  

Example of good buddy statement:  "I had the bunk below Joe Veteran and he snored so loud I had to wear earplugs.  Joe Veteran and I were in simulated combat and he was wacked in the face, and got a bloody nose.  "  

This is a good statement, your friend is competent to report snoring, a symptom of sleep apnea.  

Example of ineffective buddy statement:

"I saw Joe Veteran's X ray, and it showed broken metatarsals of 2 AND 5, IMHO".

Not so good.  Your friend, unless he is a radiologist, is not competent to read and interpret x rays.  This buddy statement wont fly, IMHO.  

[VetDeniedSince1980s]

Buddy statements can document "lay evidence".  They wont provide a nexus, they wont make a diagnosis.  They can only help document the "in service event" if it is lacking.  "buddys" can not make medical statements but they can report observable symptoms.  

Example of good buddy statement:  "I had the bunk below Joe Veteran and he snored so loud I had to wear earplugs.  Joe Veteran and I were in simulated combat and he was wacked in the face, and got a bloody nose.  "  

This is a good statement, your friend is competent to report snoring, a symptom of sleep apnea.  

Example of ineffective buddy statement:

"I saw Joe Veteran's X ray, and it showed broken metatarsals of 2 AND 5, IMHO".

Not so good.  Your friend, unless he is a radiologist, is not competent to read and interpret x rays.  This buddy statement wont fly, IMHO.  

bronco did you read the buddy statement I uploaded?? This was from the solider/veteran that caused the accident to my dads leg in Vietnam. He had direct involvement in and was an eye witness to the injury. Can you view the buddy statement? TY

[broncovet]

Yes, I read the statement.  It sounds credible.  This "lay evidence" should suffice to resolve the discrepency, since one does not need an MD to tell right from left.

However, you still need a doc diagnosis AND a nexus.  Consider forcing VA's hand by doing exactly as it says to have the medical records amended:

38 CFR 3.1579

§ 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

[47 FR 16324, Apr. 16, 1982]

Edited October 22, 2015 by broncovet