Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $2,108.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading


Hello All,

I am in the process of submitting a new claim and requesting old ones to be reopened. I have read a lot about the Buddy Letters and own own supporting lay letters. One site strongly recommended that you use a Sworn Declaration form instead of the VBA-21-4138-ARE form. The reasoning is that the VA supposedly sees those forms for so many different things that they really don't even read them. Has anyone found this to be true and is the Sworn Declaration form better?

Link to post
Share on other sites
  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

I bet you do! I still have all of my AMU homework! I think my AMU experience not only helped me , as a writer, but also bolstered my ability to handle MANY battles I have had with the VA.The VA p

Recommended Posts

  • 0
  • Moderator

I think its a good idea.  Lots of time there are dozens of 21-4138's in a file, so its true those are less likely to be read.  Anything you can do to make important information read is a good thing.  Remember, if your file is 2000 pages long your rating specialist still has probably less than 15 minutes to do it, so most of the time claims are "top sheeted" and really never read.  If you think something is particulary critical, dont bury it in a sea of 21-4138's.   

    Just be sure to make it a sworn statement, with your signature and "I certify this is true to the best of my knowledge."

Link to post
Share on other sites

  • 0

My take: the VA reads the Statement In Support of Claims.. .how much credence they place on them is case by case, I suppose. That said, a sworn declaration demonstrates a higher level of intensity and resolve on your part.

Link to post
Share on other sites
  • 0
  • Moderator

Attorney Chris Attig as a write up about the'' statement in support of claim''

I believe he is correct on what he says, you would need to go to his web site and search under statement in support of claim to read what he says about it.

My opinion is  if its a new Rater that gets your claim He/she will take the time to read it but if a Veteran Rater gets it it's a 50% chance he won't read the whole thing. ( and I don't mean a military veteran)  the older raters just don't take the time to read those  although if they don't it can come back and bite them in the assperolo and the Veteran can base his Appeal on the lack of not reading all his claim that can be supplemental in  favor of a decision to the veteran.why? because in some ''statment in support of claim''  the veteran points out by the Correct CFR regulations that he is making reference to  too help  support his/her claim. 

And a lot of it is the type of Rater you get  that makes a world of difference.

Raters mess up when they only go by the ICD Codes to rate the Veteran. (jmo)

here is an insight from a VA Rater....actually it's a little as to what they look for processing your claim.



Edited by Buck52
Link to post
Share on other sites
  • 0

Back around 2010, I read Attig's article Regarding the use of a "Sworn Affidavit" Vs the VA 21-4138. His opinion that the "SA" not only stood out from the sea of 21-4138's that Raters viewed on a daily basis but also carried more Legal weight because of the criminal penalties admonition at the bottom for filing a false statement.

Started using "SA" immediately. I went 1 step farther, each "SA" would be Signed and Notarized.

When I finally had my 2014 DRO Hearing, the DRO smiled and seemed genuinely impressed with the use of an "SA" with both the 2010 NOD and 2012 NOD. He said he couldn't remember seeing "SAs" used at the RO level and that they definitely stand out. 

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By JaeT.21
      I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
      Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines.
      I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment.  Also I hide a lot from them, to keep my job, like  just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people. 
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...

      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.


      Example for 2020 using the same disability rating

      1998 - Initially Service Connected @ 10%

      RESULT: Service Connection Protected in 2008

      RESULT: 10% Protected from reduction in 2018 (20 years)

      2020 - Service Connection Increased @ 30%

      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines