Letter From Spouse?

[SwiftSig]

Good Evening,

My first time posting here, I have bunch C&P exams coming up midweek this week. My wife randomly decided she wanted them to hear what she had to say but is unable to make it to Exams. So she wrote a letter. Is this something I give to the person conducting exams? She insisted that i do this and would like to know the right way to do this.

Sig

[Mark D Worthen PsyD]

As a C&P examiner, I took letters from spouses seriously. And, if a vet was accompanied by his or her spouse and asked me to speak with him or her, I would always do so as it often helped me to better understand the frequency, intensity, and duration of mental disorder symptoms and associated functional impairment. 

Unfortunately, VA does not require examiners to interview family members, and there are not any specific requirements for examiners about how to regard letters from family members. 

Nonetheless, letters from "lay witnesses" could help, even help a lot, and they're unlikely to hurt a veteran's claim.

Veterans law attorney Chris Attig recommends submitting lay witness statements as a "Declaration", which he explains in a blog post. Note that Mr. Attig calls it a "sworn declaration" whereas other legal websites, and the relevant U.S. Code, call it either an "unsworn declaration" or simply a "declaration". In my experience reading Mr. Attig's blog over the years, he offers well-written, important, accurate information for veterans and their representatives. I don't know Chris Attig personally, but I respect him and value his opinion.

Although they don't mention using a Declaration, the law firm Chisholm, Chisholm, & Kilpatrick has a good article, accompanied by a question & answer video titled, How to Use Lay Evidence for VA Disability Claims.

There's an easy-to-understand, informative article on the Martindale (legal publisher) website that discusses Declarations in general,  i.e, the article is not specific to veterans law: When to Swear and When to Declare: Affidavit or Declaration? by Matthew J. Bakota (21 May 2012).

Finally, here is the statute itself: 28 U.S. Code § 1746 - Unsworn declarations under penalty of per­jury. I'm not an attorney, but it looks pretty straightforward. If it were me I would write exactly what the law specifies at the bottom of a family member's letter, and ask them to date and sign it:

Quote

“I declare under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”. - copied from 28 U.S. Code § 1746.

Note this part: "... under penalty of perjury ...." Chris Attig offers important advice in the blog post I mentioned above:

Quote

 

Just be aware: by using this form you are saying that you are making the statements “under pain of perjury”.  That means that if the VA can show you lied in this document on a material fact, you could be charged with perjury (that’s a crime, folks).

 

I hope all your exams go well SwiftSig!

~ Mark

Edited April 1, 2019 by Mark D Worthen PsyD
clarify; remove repetitive words; correct grammar

[broncovet]

Well, when my wife ''''asks" me to do something, I found out that its usually best not to argue with her at least "unless" there is an absolutely compelling reason for you to do otherwise, and you had better be certain as to how important it is to you to do it the opposite way she asks.  So, unless you are adamantly opposed to it, I would simply had the examiner the letter and say, "my wife insisted I give this to you".  

Now, if you do that, you are at least off the hook with her, and, that may be even more important than your benefits.  

[Buck52]

Submit her letter has evidence, 

Now were not sure what it is your claiming?  but she knows you better than anyone else.

My spouse wrote a letter to the VA in support of my PTSD Claim , she  gave her statment as to how I was before Military (Vietnam) and After as for as how I changed and my behavior change   ect,,,ect,,,

she did say in her statement she was not a Dr  but she is my spouse and she knows me better than anyone.

They accepted her letter as evidence in my PTSD Claim.

[Buck52]

No specific dates  just  things like that ''since we were married  and after  ect,,,ect,'',, she did put how long we been married  & both firsts marriages  and how long we been married  back then 2002 it was 28 years  we been married 45 years coming up on #46

she also stated she wanted to make it clear she is not a Dr or Medical Professional, but has known me for a long long time and was around me every day since Military...and has notice some changes in my behavior and went with me to my check up appointment to VA PCP one time and ask the Dr About it (my behavior) is there anything you can do to help him?  The PCP Notice my behavior too  the PCP referred me to the MH Clinic  and the rest is history. 

[SwiftSig]

Thank you both,

I will submit it. It’s a letter that covers everything I’ve claimed. 16 things all together from PTSD to all injuries from head to toe as well as my deafness. I didn’t know she was going to write it until today. 

If I submit it as evidence will that make my FDC, a normal one? As things have moved extremely fast in my claims. This is the first time I’ve been through this. Submitted 30 days ago and have 4 C&P exams this week.

 

Sig

[vetquest]

By all means take your spouse to your exam.  When you get a doctor hostile to your spouse being present it is usually a warning sign.  The doctor that did not allow my spouse to attend was derogatory to me and I wish I had someone to witness the jerk.