Using Lay Statements for VA Disability Compensation Claims
Lay statements, also referred to as buddy statements or statements in support of claim, are written attestations from the veteran or other individuals on behalf of the veteran that aim to help prove a veteran’s claim for VA disability benefits.
In many instances, lay statements can make the difference in a veteran’s claim(s) by providing information missing from medical records, clarifying a perceived inconsistency, disputing the adequacy of a C&P examination, or filling in gaps in the record.
For instance, veterans may want to use lay statements for one or more of the following reasons:
To inform the VA about what symptoms you experience that makes your service-connected condition qualify for a higher VA disability rating;
To describe how your injuries affect your daily life, such as in TDIU claims;
To establish chronicity of a condition where medical evidence during service or for a period of time after service is absent or lacking;
To establish the occurrence of in-service event, injury, or illness during service that caused the veteran’s present disability, and
To trigger the VA’s duty to assist.
Who can provide a lay statement?
Generally, anyone with personal knowledge of events or occurrences in question can provide a lay statement attesting to that personal knowledge. This includes the veteran him or herself, fellow service members, family, coworkers, employers, pastors, and friends.
What can lay persons attest to?
Even individuals without medical training are permitted to attest to witnessing observable symptoms of a condition. However, someone without the requisite medical training is not able to provide a lay statement actually diagnosing a veteran with most conditions including PTSD and other conditions that have a complex or hidden pathology. Nor would that lay person be able to competently attest to the underlying cause of a symptom or condition.
Instead, a lay person can competently attest to witnessing observable symptom(s) of a condition and explain when (s)he first noticed the observable symptom(s).
As hinted at above, lay statements can also be used to verify events or injuries during service.
How do you submit lay statements?
The VA does not require any specific form to provide lay statements, but the VA has generated VAF-21-4138, Statement in Support of Claim or a VAF 21-0781, Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder that are appropriate for submitting lay statements. You do, however, want to make sure that lay statements are signed and dated before you submit them to the VA.
What consideration is the VA required to give lay statements?
If submitted, lay evidence is one type of evidence that the VA must consider. The United States Court of Appeals for Veterans Claims has been quite clear on this point. For instance, the Board of Veterans’ Appeals is required to explain why it rejects lay evidence. If lay evidence is not at least considered and addressed by the VA, then a veteran’s case should be remanded for consideration of the lay evidence.
What are some important cases involving the use of lay statements?
In the Buchanan case, the court explained that the VA must address the credibility and probative value of lay evidence, and that the VA may not reject lay evidence a snot credible solely because it is not supported by contemporaneous medical records.
In Jandreau, the court held that lay evidence can be competent and sufficient to establish a diagnosis of a condition when it describes symptoms at the time that supports a later diagnosis by a medical professional.
In Kahana, the court explained that there must be some basis to support an inference that a veteran’s lay statement concerning an alleged injury or event would have been recorded in a medical record for the lack of such recording to serve as the basis for finding the veteran’s lay statement incredible.