Can previous emails I sent to my wife (from my military email while active duty) count as evidence to support my VA disability claims?

[Brian360]

Hello,

Does anyone know if emails I sent to my wife (from my military email while active duty) and communication we had back and forth relating to my in-service health issues/injuries endured/symptoms and sleep issues I was experiencing count as evidence I can submit with my VA claims for disability? There are many emails going back many years while I was in the service. I just have very limited documentation in my service medical records as I only went to medical when I had no other choice so I thought to ask if these could help connect my claims to service?

Thank you for any and all assistance.

Brian

 

[GBArmy]

Brian360 Welcome to Hadit. Haven't heard of that before but I would think it would certainly be considered lay evidence. Submit a statement in support of the claim (and maybe your wife can do one also.) Use form 21-4138 or new form 21-10210 and use attachments. But I suggest that you have a nexus from a doctor at a minimum that talks to your current disability and their symptoms and the event, accident or injury that occurred while you were in service. He must have an opinion that they are connected, and use word like "...at least as likely as not " and have back up rationale connected them.

[pacmanx1]

I agree with GBARMY, both you and your wife can write a statement in support of your claim. Also, as stated, you will need the Caluza Elements. 1.) An in-service event, accident, or incident. 2.) A current diagnoses, and finally 3.) a nexus connecting 1 and 2. 

Yes, they should help if they can show symptoms.

Edited September 4, 2021 by pacmanx1

[Justaskpat]

I am the spouse of retired 100% disabled Vet.

When attempting to get SC for his MDD, I included a copy of a letter he had written me years ago approximately 6 months after he had suffered a serious head injury. The C&P examiner used my spouse's letter and my Lay Letter along with information from my spouse's C&P interview in compiling his opinion of my spouse's condition. It all ended up named as 'evidence' in the final decision, which incidentally garnered him a 70% rating for MDD. So I would say yes, including correspondence written by you that is dated or to which you or your wife could testify to date received could be of great benefit. You have nothing to lose and, as in my husband's case, it could help turn the tables in your favor.

Good luck!

[broncovet]

Sort of.   Best is "in person testimony" such as a buddy "who saw xy in service event happen".  You wife was unlikely to be there, tho those communications, "if they documented an in service event" could help.  

Remember, you dont have to have an "in service diagnosis", but rather an "in service EVENT", such as an explosion that was somehow not documented in your records.  

Your wife is unlikely competent to provide either a diagnosis, nor a nexus letter, both of which need to be supplied by a competent medical professional.  

Example:  If you wrote your wife that your buddies complained of your severe snoring, This could document in service symptoms which could later be diagnosed by a doctor as sleep apnea.  "Snoring" isnt an in service event, per se.  But, remember, if you were given a (clean) pre entrance physical, and upon your exit, you noted you had symptoms, this suggests you got a malady "from service".  Not "everything" always has a good "event".  Example:  Hepatitis C.  You may have gotten hep c from vaccinations in service, but a vaccination isnt exactly what most people think as an "event in service" since almost all of us were vaccinated in service.  

[Buck52]

 Welcome to Hadit  Brian360

I agree with brocovet and GB Army

Also if you need proof of a in service event or something happen to you while in military that effects you now , you will need a diagnose, but you also can let them know the date and location of the event  or what ever happen to you that effects you today, if it was around a holiday  say Christmas, or with in 10 days of the holiday  if you can remember?     then mention what happen in your lay statement   that will help  they can check out your story and if they find it to be of merit  then they will certainly use it. in your favor.

Remember a diagnose can come at any time there's no limit for US Veterans to be given a proper diagnose  and it can be connected years later to your military service,  you will need a qualified Dr examine you read your records   that pertain to what your claiming to nexus the two.  use something like this as this is what the VA loves coming from a qualified Doctor=  '' it is likely as not this veterans disability occurred while he was in the military '' ect,,,ect,,,,

Name your unit  and location and date of the event  & what happen to cause you to file your claim?

,,,,they have a way they can go back and check your unit and if you can give them some information   then that will certainly help.

.I did this with one of my claims and it helped.

REQUEST YOUR C-FILE  IF YOU HAVE NOT DONE SO YET?

There are valuable records in it that will help your claim.

(JMO)

[Berta]

Also there are many ways, via the internet, to find a unit buddy who could verify your inservice symptoms.

Here is an article I did on Buddy Statements.

 

https://community.hadit.com/topic/83013-buddy-statements-2020/

Here are some places you might find an inservice buddy:

TWS (Together We Served)

U.S. Military Records Search & Veteran Locator | TWS (togetherweserved.com)

How to Find Your Old Military Buddies After You Get Out | Military.com

Veteran Buddy Finder | Facebook

Also this vet had remands on four of his claims, but was granted ( January 2021)

Sleep Apnea by the BVA:

https://www.va.gov/vetapp21/files1/21004995.txt

He had strong detailed buddy statements.

The BVA also had an IMO he submitted but they gave more weight to the buddy statements.

Also this veteran's STRs were missing -therefore the buddy statements were of extreme probative value, as the IMO doctor could not provide an inservice nexus.because of the missing STRs.

 

Your unit also probably has their own web site, and many unit sites have Reunion rosters with emails for some of their members.

 

 

 

 

 

Edited September 10, 2021 by Berta
in cloud poor internet access