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

[broncovet]

Also, in addition to 3.1579 cite 38 CFR 3.304(d).  USE THE REGULATIONS TO YOUR ADVANTAGE, THE VA DOES!!!!!!!!!!!!!!!!!!!!!!!!

38 CFR 3.304 - Direct service connection; wartime and peacetime.

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§ 3.304 Direct service connection; wartime and peacetime.

(a) General. The basic considerations relating to service connection are stated in § 3.303. The criteria in this section apply only to disabilities which may have resulted from service in a period of war or service rendered on or after January 1, 1947.

(b) Presumption of soundness. The veteran will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or where clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service. Only such conditions as are recorded in examination reports are to be considered as noted.

(Authority: 38 U.S.C. 1111)

(1) History of preservice existence of conditions recorded at the time of examination does not constitute a notation of such conditions but will be considered together with all other material evidence in determinations as to inception. Determinations should not be based on medical judgment alone as distinguished from accepted medical principles, or on history alone without regard to clinical factors pertinent to the basic character, origin and development of such injury or disease. They should be based on thorough analysis of the evidentiary showing and careful correlation of all material facts, with due regard to accepted medical principles pertaining to the history, manifestations, clinical course, and character of the particular injury or disease or residuals thereof.

(2) History conforming to accepted medical principles should be given due consideration, in conjunction with basic clinical data, and be accorded probative value consistent with accepted medical and evidentiary principles in relation to value consistent with accepted medical evidence relating to incurrence, symptoms and course of the injury or disease, including official and other records made prior to, during or subsequent to service, together with all other lay and medical evidence concerning the inception, development and manifestations of the particular condition will be taken into full account.

(3) Signed statements of veterans relating to the origin, or incurrence of any disease or injury made in service if against his or her own interest is of no force and effect if other data do not establish the fact. Other evidence will be considered as though such statement were not of record.

(Authority: 10 U.S.C. 1219)

(c) Development. The development of evidence in connection with claims for service connection will be accomplished when deemed necessary but it should not be undertaken when evidence present is sufficient for this determination. In initially rating disability of record at the time of discharge, the records of the service department, including the reports of examination at enlistment and the clinical records during service, will ordinarily suffice. Rating of combat injuries or other conditions which obviously had their inception in service may be accomplished pending receipt of copy of the examination at enlistment and all other service records.

(d) Combat. Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation.

[iceturkee]

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.  

my buddy statements came from my then caretaker who could speak of my back and depression issues since she had taken care of me for a couple of years. the third came from a journalist friend who spoke of how well i did my job when we worked together and my then medical condition.

[VetDeniedSince1980s]

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

 

Great info USMC!!! Our attorney has requested some documentation from the archives. I am not sure what exactly all he has requested but I believe morning reports is one that he has requested and yes we have been waiting for months already and nothing yet. 

Before my dad was released from the hospital he was told he was being sent to Japan. He was so glad when they told him this. Knowing he wasn't going back out in combat in Nam was a relief. However when he was released they changed their mind a sent him back to his unit. Pretty crappy huh?

However when he returned back to his unit they asked him what he was doing there. We were told u were going to Japan. He said I don't know that is what they told me too but then was told to return back to the unit. 

Then they told him that they had boxed up all his belongings and sent them to Japan. Everything... All his letters, camera, everything!!! He requested to have it returned. Even filled a claim and it was never found or recovered!!! SMH

And his belongings are still MIA today!!! It makes me wonder if maybe all his records were sent there as well and maybe that is why we cannot locate any? I wouldn't even know how I would go about searching for them in Japan. 

Your thoughts USMC? 

[VetDeniedSince1980s]

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]

Thanks so much!!!! How do we go about getting his records amended? Can I print out the form online and send in all our evidence and our request to have his records changed from Left to Right? How should I proceed to start this process please?

[broncovet]

I recommend you do exactly as it says.  Send your VARO a 21-4138 and request to amend (correct) your records as per 38 CFR 3.1579.  Send them your corrected information, and carefully explain that your records contain one or more instance of recording the wrong leg as injured.  

Send the form, signed by the VEteran, and dated.  Then send it certified mail return receipt requested.  If the VA "non complies", then make sure this (non compliance) is included and documented in your appeal.  

[USMC_VET]

As far as lost personal belongings...i would imagine by now they have been lost in the system, thrown away and such.  Military isnt that keen on holding onto things long term like police do in an investigation.  That is just my opinion.

 

I would start by FOIA'ing your dads unit records...get as much information as possible and then see what pops up there.

 

 

FEDERAL RECORDS - (NON-ARCHIVAL RECORDS) ACCESS Army Morning Reports and Unit Rosters, dated 1960-1974, are non-archival.*

Individuals may access these records by submitting a written request for copies of the records via postal mail or fax. Federal law [5 USC 552a(b)] requires that all requests for records and information be submitted in writing. Each request must be signed (in cursive) and dated (within the last year).
 

Please include as much of the following information in your request: the exact unit of assignment ("Company A, 1st Battalion, 116th Infantry Regiment"), a description of the action ("I was wounded and sent to a hospital") and an approximate date ("June 1944"). Without this type of information, the NPRC may be unable to perform a search.

• Mail a letter or Standard Form (SF) 180, Request Pertaining to Military Records to:
  
  National Personnel Records Center
  1 Archives Drive
  St. Louis, MO 63138
   
• Fax a letter or Standard Form 180 to: 314-801-9195

SEARCH FEES: The NPRC may assess a fee for non-archival records, depending on the number of searches required. If that is the case, payment is required before the searches are undertaken. Fees are assessed for our time spent locating the records (at the rate of $13.25 per hour) and for any copies that are made (first 6 pages, $3.50; each additional page, $0.10), with a minimum charge of $8.30. A deposit of $8.30 is required before we begin the search. You will be billed for any additional costs. All remittances should be made payable to the National Personnel Records Center.

Individuals who have a strong desire to view these records in person may request an appointment in our Federal Records Center Research Room.

OBTAINING RELEASE AUTHORIZATION FROM ARMY: If you wish to review Army non-archival morning reports in person, you will first need to write to the following office to obtain the required authorization for access to these records:

Department of the Army
Freedom of Information and Privacy Acts Office
7701 Telegraph Road
Alexandria, VA 22315-3860

 

 

 

Operations Reports/Lessons Learned (ORLL) and other primary source material about Army units in Vietnam such as radio logs, unit journals, and after action reports, are stored at the Textual Reference Branch, National Archives II, 8601 Adelphi Road, College Park, MD 20740-6001, 301-837-3510, fax 301-713-7482. Call and ask to speak with an Archivist specializing in the Vietnam War before going to the Archives. They can assist in determining whether materials you are interested in are available and explain how to obtain a researcher's card to examine the documents. A specific name and number at the National Archives at College Park is Clifford L. Snyder on 301-837-3010. This was from a contact in the late 1990�s.

 

Similar reference assistance may also be obtained from the U.S. Army Military History Institute, Bldg. 22, Upton Hall, Carlisle Barracks, Carlisle, PA 17013-5008, 717-245-3611, fax 717-245-3711.