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Statement in Support of Claim. Do I have to?

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Rivet62

Question

I received mail from the Evidence Intake Center, requesting the employers' forms VA Form 21-4192, and in the packet was a form for Statement in Support of Claim (VA Form 21-4138).  Is it standard practice for them to send you that form?

Is VA trying to tell me that my IU claim would be better supported if I upload one? Or do they usually just send the form to everyone?

My service-connected disabilities, for which I'm asking for IU increases, are major depressive disorder and my back issues.

I look at this form and wonder do I have to?

I started writing about what difficulties I have experienced as a result of service-connected disabilities, finding it hard to exclude all the years since service, and then it dawned on me that the language I'm using "since service" (of the years following my discharge) could suggest that my difficulties largely occurred after service. If I make statements about what started in service and how it has affected me all along to the present day, then am I not restating a nexus that may be at odds with how they arrived at the nexus?

Is it possible that I could unintentionally shoot myself in the foot with a Statement in Support of Claim? 

I have a mental health C&P coming up in 2 weeks. Would I be better off communicating these issues to the Psych examiner?

 

 

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Rivet62 You have time to write (and re-write) your SISOC. I recommend doing it for almost EVERY claim submitted. It is critical in some instances, especially increases and supplemental claims. You are talking about how your current symptoms have gotten worse; how it affects you with interactions with others, at work, socially, family. Do it.  Paint a picture for the rater to understand that will make an impression. Don't say "I fell off the truck and hurt my knee." Be descriptive "we stopped  while I was in the back of the duece and a half and then he started off again. I was letting the tail gate down and the suddenly the  re-start threw me out of the truck and I landed arkwardley, and my knee buckled." Talking about you MH and how it has affected you relationships with your best friend, your wife and family members. Th eVA is going to have your records, so you want to talk on a personal level how bad thing affect you now. Currently.

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IMHO (IN MY HUMBLE OPINION), you are not fighting service connection. You already won that battle; you are fighting for an increase and or TDIU. Because you are fighting for an increase and or TDIU, begin with the time your disability became too disabling for you to continue to work or made you unemployable. Focus your statement on your increased symptoms that caused you to leave work or be fired or for whatever reason you stop working. If you are getting SSDI you can include a statement that you are getting SSDI and for what disabilities.

GBARMY, stop reading my file, just kidding, scenario seems very similar.

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Filing a "statement in support of claim" is not mandatory.  (21-4138).  

   I use a 21-4138, but never to put forth my own UNSUBSTANTIATED opinion.  First, I will show an example of what not to do:

    "DEAR VA".  Please approve my tdiu claim, as I have a wife, 3 children and need the money bad.  I cant afford my rent, my car payments are late, and most people think Im a nice guy, so you should approve my claim ASAP."

     Thank you.  Joe Veteran.

What is wrong with the above is, well you pretty much said "nothing" to support your claim.  You did not support your testimony, and may even be divulging information which could harm you.  

Instead, stick with KNOWN facts, more like this:

(Now the right way):

    Dear VA.  I have been unemployed since May, 13, 2002, when my employer, Jones Sawmill, fired me for excessive absences.  Dr. Robert Johnson, treated me for migraines on April 4, April 8, April 14 and May 5-8.  (See medical exams enclosed). 

     I have enclosed my social security earning statement, showing I have not earned any significant income, since 2002.  (See statement, enclosed).  

     Dr. Johnson, further opined that my migraines were "at least as likely as not" due to the PTSD I was diagnosed with, in service.  (See medical exam from Dr. Johnson on July 12, 2003.  

     Since 2003, I have been to the VA voc rehab speciaiist, Joe Cook.  Joe Cook has evaluated me, and made a report on the feasability for retraining to a new field, seperate from the sawmill where I previously worked.  

    On page 3, of Joe Cook's Voc rehab assessment, he says, "Joe Veteran is a very poor candidate for retraining.  He has pretty much zero job skills or experience except sawing up logs into lumber.  This does not transfer well to the construction industry because of his frequent migraines and PTSD's rendering him unable to get along well with others.  

     For these reasons, Joe Veteran is unable to maintain his current job, and changing his carreer wont help Joe Veteran, in my professional opinion.  

      (end of Joe Cook quote)   

      Notice, in the 21-4138, the Veteran "did not offer opinions" because, VA does not care what the Veteran thinks.  Get over that.  Instead, the VA cares about what the doctors write in their reports, the voc rehab specialist opinion, and, whether or not the professionals think Joe Veteran is "unable to maintain substantial Gainful employment".  

These facts are established by the Dr. Johnson, Social security statements, and Joe Cook rehab services specialist.  The Veterans statement confirms these professional opinions, and makes it easy for the rater to approve this claim because they can find "the evidence".  

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51 minutes ago, broncovet said:

Instead, stick with KNOWN facts, more like this:

(Now the right way):

I think what I'm seeing here is the drawing of a conclusion that VA might see were they to wade through the documentation.  Framing the issue of unemployability, by gathering the most pertinent facts, makes the conclusion easier for VA and by the facts presented that conclusion is irrefutable.

I was confused by a notion that VA wants to see how it affects the veteran occupationally and socially, but I think what you're showing here is that the subjective observations are best left to layman statements by others who have witnessed the veteran's difficulties firsthand.  The Statement in Support of Claim should be used as an objective and  concise and condensed summary with facts (premises) which support the objective conclusion.

1 hour ago, broncovet said:

These facts are established by the Dr. Johnson, Social security statements, and Joe Cook rehab services specialist.  The Veterans statement confirms these professional opinions, and makes it easy for the rater to approve this claim because they can find "the evidence".  

Yes. I see it now.  I have a pile of records. Within the records are the facts I want VA to know. I can string those facts together to form the overall conclusion.

This approach is similar to what Brokensoldier said when he talked about his way of organizing additional evidence. He said, more or less, that it was like composing an executive summary, an at-glance statement highlighting the most pertinent facts and directing the reviewer to those facts within the body of all the records.

What you're saying also supports what DAV says, "do not upload stuff" like a rambling journey that reads like a personal diary.  

The more I stick to facts, the less chance of things taken out of context that can be used against me in some future appeal that could end with "inconsistencies" because things were taken out of context. Presenting the facts, like you say, frames the context.

 

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3 hours ago, GBArmy said:

Talking about you MH and how it has affected you relationships with your best friend, your wife and family members. Th eVA is going to have your records, so you want to talk on a personal level how bad thing affect you now. Currently.

I can see how that's needed.

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