Appeal buddy statement

[SPO]

I had my appeal hearing on Monday and I am gathering the remainder of my evidence to submit.  I was denied for no diagnosis, which I submitted extra evidence for and spelled it all out to the judge. 

I am wondering if a buddy statement providing some kind of objective evidence of painful motion would be helpful, even though its not useful for diagnosis purposes.  Based on my feel from the hearing, I am hoping for a grant, not remand, and I'm trying to make sure any evidence to get me rated at least the minimum is in the file.  2 of my buddies who I have known as long as my condition has been going on agreed to write buddy statements reflecting severity and hopefully objective evidence of painful motion.  A lot of my C&P's notate pain on various ranges of motion, but I don't know if that is sufficient under CFR 4.59 when it relates to diagnostic code 5002.  5002 says there must be objective evidence of pain to grant the minimum under the painful motion rule.   Here is a link to a court ruling saying that lay statements from someone other than the veteran is acceptable, if I am reading that correctly.  I am just trying to get ahead of the game and not have to appeal again if I get rated with a bunch of 0%.  I realize service connection comes first, but I'd like to avoid going back to the board if at all possible.  I

I also attached a copy of one of my C&P exams for you guys to see, the are all pretty similar.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000056749/Petitti-v.-McDonald,-Oct-28,-2015,-27-Vet.App.-415-(2015)

 

Wrist C&P.pdf

[broncovet]

As always, you need the 3 Caluza elements for service connection, and, apparently you were (are) missing a current diagnosis, at least according to the decision.  

"buddy letters" can help to establish an "in service event", that may not have been documented in other ways.  

An example, if you were seeking PTSD, and, say your buddy obvserved you being shot at.  

Well, its pretty scary to get shot at, even if the bullets missed..who knows when the next one may not miss.  This has the potential of a "stressor" docuentation, because it may not be recorded in your military records, especially if you did not seek treatment for PTSD in the military service.  

 

As you pointed out, your buddy can not diagnose you, unless he is an MD or other competent medical professional.  

Both "current diagnosis" and " nexus" require a doc opinion, but "in service event" could be documented by a buddy.  You dont need a medical degree to testify that he observed you getting shot at.  

[SPO]

It’s more of them testifying that they have seen me have issues with pain due to arthritis as it currently is.  Since this is secondary to something already service connected.  I’m just trying to add some extra evidence for when it makes its way back to the regional office for rating, assuming it is granted.  I’m not sure if this stuff will be worth submitting while it’s still on appeal for service connection.

[broncovet]

According to the c and p exam, you need a current diagnosis.  To fix that, you need the same from another doctor.  

[SPO]

I provided another opinion and visit notes from another doctor as part of the appeal, and pointed out that they ignored my original doc’s opinion in the hearing.

[SPO]

I’m more so trying to figure out if submitting these letters now is going to be to much. Should I stick just stick to evidence the deals with the diagnosis part, since that’s the focus of the appeal?