Support Letter Question

[Galen Rogers]

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?

[broncovet]

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."

[EODCMC]

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.

[Buck52]

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.

/www.hadit.com/a-veterans-benefits-raters-view/

 

Edited March 2, 2018 by Buck52

[Gastone]

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. 

[EODCMC]

Gastone, agreed, you and Buck make a very good case for primary use. The SA would be the ideal way to introduce information to the VA for a few good reasons. I feel blanket and timeless statements that the VA doesn't look at, nor back up it's own form,  is without merit. At best, it's situational. Some folks do not have the wherewithal to get an SA, for whatever reasons. I read about folks that are reluctant to leave their quarters. At a minimum, one should get there evidence on record. The 21-4138 is a simple method and has worked for me at my VARO.

Edited March 4, 2018 by EODCMC

[Buck52]

I agree gastone  the SA has more clout than the  21-4138's and I think those raters know this.

I believe that's exactly what Attorney Chris attig mention.