Statement in Support of Claim. Do I have to?

[Rivet62]

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?

 

 

[Vync]

The standard VA forms provide a cookie cutter approach and make it somewhat easier for the employees who process your claim. The 21-4192 is special because it gives you the chance to fill in the gaps. If you run out of room on the form you can also continue by adding your statement to additional pages. If you do that, just ensure you place your SSN on each page and label them something like "21-4192 continued page # of #" so they can keep the pages together. I usually just draft everything out on my computer first and then wordsmith the document to boil everything down concisely. Even though you could write a lot, keep it focused in relation to your goal. I also recommend that any statements be written to about the 8th grade reading level unless you are adding medical or technical terms. 

[Rivet62]

4 hours ago, Vync said:

The 21-4192 is special because it gives you the chance to fill in the gaps.

That's clear to me now after watching the video that Tbird gave a link to.

 

4 hours ago, Vync said:

If you do that, just ensure you place your SSN on each page and label them something like "21-4192 continued page # of #" so they can keep the pages together. 

OK

 

4 hours ago, Vync said:

I also recommend that any statements be written to about the 8th grade reading level unless you are adding medical or technical terms. 

Good to know 

[Rivet62]

7 hours ago, Tbird said:

You may find this video helpful:

Oh yes I found the video helpful. It removed any question I might have. Thank you!

[Rivet62]

8 hours ago, GBArmy said:

I recommend doing it for almost EVERY claim submitted.

That video that Tbird linked me to recommends a separate SiSofC for each disability that I request for TDIU increase/claim. In my case just 2. I think that makes sense because conditions are intertwined, and besides the C&P exams are separate, so...

[Rivet62]

7 hours ago, pacmanx1 said:

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.

Ok,,, Right, I'm not arguing for service connect. Keep it in perspective to just the increase relative to increased conditions. That video that Tbird linked me to was so very helpful, and you everyone else here is saying the same thing as the video with only minor variation.

[Rivet62]

6 hours ago, broncovet said:

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".  

Pretty much what that video shows, that Tbird linked me to. After watching it and applying what was said to my drafted SiSoC, then your advice makes total sense.