Does your statement matter?

[Phury & Rhage]

When you submit a written statement to support your compensation claim, it's called a "lay statement".  There are specific things that you are considered competent to say about your claim.  Symptoms, events, and emotions are some of the things you can describe.  The VA has to consider what you say.  When you give a statement - it's evidence.  Why is that important?  If you receive a rating decision and it says "there is no evidence that your disability began in service"...  And, you gave a written statement that described how your condition started in service?  VA got it wrong.  This doesn't just apply to the people rating your claim.  It applies to the doctors who write the opinions about service connection.  They also have to consider your statement.  They can't discard it because they want to see "objective" evidence.

Here's a quote from a recent decision by the Court of Appeals for Veterans Claims, "the examiner was required to consider the lay statements establishing the various symptoms appellant exhibited."  Crawford v. Wilkie.  I'm attaching the decision as well.

Remember the Benefit of the Doubt doctrine?  Your statement, your spouse's statement, and any buddy statements are evidence in your favor.  Evidence in your favor must be considered and can't be rejected unless there is evidence to counter it.  Look at the list of evidence the VA used in making their decision.  It has it's own section on the decision.  Look for your statement.  Compare what you said in your statement to what the VA said in their denial.  They have to address favorable evidence and explain how/why it is outweighed by other evidence.  By the way, absence of written documentation in your service treatment records is not "evidence" that your condition didn't occur in service.  The Court has made it very clear that the VA can't use the absence of evidence in the records to deny your claim.

If the denial didn't address your statement and other positive evidence, ask for a review - Supplemental or Higher-level depending on your case timeline.

Don't give up.

Crawford v Wilkie No 18-1528.pdf

[Phury & Rhage]

49 minutes ago, kanewnut said:

Please address this when you have the time.

Sorry, I got distracted.

No, I can't skip the BVA, but as I mentioned in the other portion, there is a single form (VA Form 10182) with 3 options for review.  If my case is solid, I'm going for the higher-level review which should have the quickest decision time.  Then, I'm going to the CAVC...and pray for Judge Greenberg.

[Buck52]

On 7/1/2019 at 9:34 PM, Phury & Rhage said:

When you submit a written statement to support your compensation claim, it's called a "lay statement".  There are specific things that you are considered competent to say about your claim.  Symptoms, events, and emotions are some of the things you can describe.  The VA has to consider what you say.  When you give a statement - it's evidence.  Why is that important?  If you receive a rating decision and it says "there is no evidence that your disability began in service"...  And, you gave a written statement that described how your condition started in service?  VA got it wrong.  This doesn't just apply to the people rating your claim.  It applies to the doctors who write the opinions about service connection.  They also have to consider your statement.  They can't discard it because they want to see "objective" evidence.

Here's a quote from a recent decision by the Court of Appeals for Veterans Claims, "the examiner was required to consider the lay statements establishing the various symptoms appellant exhibited."  Crawford v. Wilkie.  I'm attaching the decision as well.

Remember the Benefit of the Doubt doctrine?  Your statement, your spouse's statement, and any buddy statements are evidence in your favor.  Evidence in your favor must be considered and can't be rejected unless there is evidence to counter it.  Look at the list of evidence the VA used in making their decision.  It has it's own section on the decision.  Look for your statement.  Compare what you said in your statement to what the VA said in their denial.  They have to address favorable evidence and explain how/why it is outweighed by other evidence.  By the way, absence of written documentation in your service treatment records is not "evidence" that your condition didn't occur in service.  The Court has made it very clear that the VA can't use the absence of evidence in the records to deny your claim.

If the denial didn't address your statement and other positive evidence, ask for a review - Supplemental or Higher-level depending on your case timeline.

Don't give up.

Crawford v Wilkie No 18-1528.pdf 28.78 kB · 4 downloads

 I agree here,

It's crucial that all veterans read their decision  rather win or denial  this  information will help a veteran & it's how we fight back for our proper benefit's.

[vetquest]

While not referencing this decision the BVA called out the RO for not considering my lay statements by my employer about when how I lost my job due to a SC disability.  The BVA really frowned upon the RO's lack of considering the evidence.  I believe if you need evidence read, you need to go to the BVA in that they consider all of the evidence submitted.  I just find it distressing that so many decisions are remanded.  The BVA is basically telling the RO that they erred and do it over again.  I believe there should be metrics where the RO's are evaluated on how many decisions they have overturned and remanded.  These metrics might lead the RO to consider all of the evidence of record and make more correct decisions. 

[Phury & Rhage]

4 minutes ago, vetquest said:

I just find it distressing that so many decisions are remanded.  The BVA is basically telling the RO that they erred and do it over again.  I believe there should be metrics where the RO's are evaluated on how many decisions they have overturned and remanded.  These metrics might lead the RO to consider all of the evidence of record and make more correct decisions. 

I'm sorry your experiences have been so negative.  I've had my share of those as well.  In my case, I moved around a lot so I had an opportunity to see how different ROs handled my claims.  Hawaii and Nevada sucked, but Seattle and Fargo (of all places) really got the job done.  I'm sad that Seattle (hello, employee) can't work my stuff anymore, and worried about which RO will do that work (when I next file a claim).  It has been my experience (inside and outside of the organization) that the RO definitely matters.  My partner and I bought a house in Tucson 10 years ago and Phoenix is "no bueno".  Fortunately, I was able to continue using an address in Washington, so I was able to move my claims right back up there.

As for your RO, that stinks and it may not change anytime soon....

Phury

[kanewnut]

9 hours ago, vetquest said:

I believe if you need evidence read, you need to go to the BVA in that they consider all of the evidence submitted.

There's got to be a better way than waiting the many years it takes to get to the BVA.