Questions for Elders ...one at a time... 1st - Buddy/Lay Statements

[J McB]

Ok.

I don't even have it in me to explain the ... I've lost track ... and had to calculate ... 26 year war...but I'm winning the battles and I didn't file to re-open my 1993 claim until 2013, so here I am...at 100% TDIU...something I should have fought for 20 years ago...coulda/shoulda/woulda... but to the dismay of the VA, I have a brain and can read... and I did work at 4 law firms (part-time) when I was going to go to law school before I decided not to. 

Sorry, I digress because I'm a bit off kilter because my face is screaming at me (https://en.wikipedia.org/wiki/Trigeminal_neuralgia).

So, I have some questions that I'm going to ask one at time because brain MRIs say that's what works best...and I've (hopefully, only temporarily) burnt out my go-to HadIt Elder.

I'm at BVA level...yay!...lol.

Alright, first question.

I saw a VA doctor and filed a claim in 1993.  VA claims they don't have the records.  Actually, VA just glazed over, including a conversation I had with a DRO, where I specifically pointed to 21-4128 I submitted in 2013 requesting my claim processed retroactive to 1993.  Funny that form, a date-stamped copy of which is currently pinned to my VA claim battle board, is not in my c-file.  They just decided to not even acknowledge that Part I of my NOD was retroactive to 1993...

Anyway, since my ex witnessed my filing the claim and being in the exam room with me and the VA doctor, I reached out to my ex and ask him to write a letter of what he remembered, and he wrote a letter (notarized) attesting to having witnessed my filing the claim and seeing the VA doctor. 

So, now we're at 1:1 or rather 2:1 if I count. 

The VA says they don't have record of my seeing a VA doctor; my ex says yes she did and I was there, so 1:1, 50:50...who wins?

Last week I was talking to a VA attorney because I've reached the point where I don't feel well enough to battle the war pro se any longer, and she said that friends who remember us talking about my going to the VA way back then can write buddy/lay statements... This was an awesome little discovery considering I was stationed with one of them, so she knows everything from day 1...

So here's my question, how do I ask them to write a letter about what they remember without 'planting' memories?  For my ex it what easy, Hey, can you write a letter about what you remember when we went to the VA when we got out?  

These are friends, there are four of them, that I've known for a long-time and we've talked a lot about issues with the VA over the years, but I'd need for them to narrow down their memory to that particular event and I'm not sure how to do that without creating the memory for them... Make since?

Suggestions?

 

 

 

[GeekySquid]

On 9/17/2019 at 5:26 PM, J McB said:

So here's my question, how do I ask them to write a letter about what they remember without 'planting' memories?

why do you care?

do you believe the VA is going to interrogate them under a hot lamp, battery cables attached to their genitalia and hot water hose shoved up their bums?

you simply tell them "I am fighting the VA and am at the BVA. I need buddy letters to support my claim. Do you remember blah blah blah on the 43rd Thursday of Jan 1999?" if they do, then say "will you write what you remember"

You may want to be super-ethical and not influence your friends memories. That is noble of you. It can also cost you money. Only you will know if you do. It will NOT be tattooed on your face.

I looked up someone who I had not seen in 30 years and we actually did not like each other in service but did respect each others work. When I found him online I literally said. Hey Bud, VA is busting my chops. Need backup for blah blah blah.. will you write me a letter? Got 6 pages notarized and list of 4 more shipmates he was in contact with who volunteered to write their own letters...and did. one of whom I did not even know was involved in any way.

Did I influence them? I don't care. I had to fight the VA for decades so F'em if by asking for buddy letters I influenced their memories of the situation.
 

[GBArmy]

JMcB Geeky is right; "why do you care." Reality time right now, ok. Your consideration as to whether or not it is ethical to provide guidance to potential witnesses: I ask you this. Do you think the VA has treated you fairly in this disability process so far? They "dis-remembered" you had interaction with a VA doc in '93; they lost your evidence that would have proven your timeline. Have you done much reading here about how the VA has treated veterans unfairly? They already hosed you. You don't need to take a higher level of morality than necessary with the VA. win your claim anyway you can without lying. So, personally, I wouldn't give these potential witnesses a buddy letter and have them sign it, but I would provide them with as many facts that you can detail, and ask them to write their  own version of how they remember it going down. Now it might be a good idea to hold back a request to one or two to see what you receive from your first responses, then ask the remaining witness to consider comments on one or two facts that the others have not addressed from the others already received, that is up to you. But go out and get what you need; other than lying, anything is pretty much fair game. At least that is how I feel.