Sworn Statement of Advidavit

[Infantryman]

Is it more credible for witness to a service injury to write the statement as a Sworn Statement of Advidavit?

[Berta]

Yes it is...they can  use a 21-4138, which I am sure has an oath on it they can sign and.or they can also

send letter instead, and get their signature notarized.

They should give as many details they can on the incident and state how they were in the same unit, same time and place of the incident.

And give VA their contact info.

These are two links here and we have more but they probably cover what you need to know:

 

http://community.hadit.com/topic/41534-buddy-statement-article/

http://community.hadit.com/topic/27421-buddy-statement-or-letter/

[Gastone]

Some on Hadit say the "Sworn Affidavit" is unnecessary, just use the VA 21-4138, I disagree.

Back in 13, I read Vet Lawyer Chris Attig's discussion regarding the use of a "SA". I used his advice, submitted "SAs" in place of 21-4138 for a DRO Hearing. The DRO seemed impressed with the "SAs," and agreed that they were considered more compelling by virtue of the Legal admonishments contained.

Compare the 21-4138 to a "SA" Document, looks alone make the "SA" standout.

The only real drawback to "SA" is the requirement of having the Signature Notarized. The 21-4138 doesn't require a Notarized Signature.

Your Claim, your decision. Is it worth a little more time and effort, your call.

Look up Chris Attigs "SA" post on Hadit or just visit his VetLaw Blog, get educated.

Semper Fi

[allansc2005]

Gastone, I too used the SA as suggested by Attig on my last appeal. I WON that appeal!

 

On another note, I finally got my rejection letter from Voc Rehab, however, the letter reads more like I made the decision not to participate in the program, than them rejecting me.