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What Does Evidence Mean In A VA Disability Claim?

The Greek philosopher Socrates once stated, “The beginning of wisdom is a definition of terms.” While some detractors state that this quote is ubiquitous, others call it timeless. Regardless of how you interpret the quote, you’ll likely agree that conflict and confusion can result from failure to understand and define terms. And one term that is often misunderstood when it comes to VA disability is “evidence”.

Due in large part to the emergence of legal dramas in pop culture, the noun “evidence” is omnipresent. When most think of the term, they think of a blood-splattered glove or “exhibit B” on the latest episode of Law and Order. When applied to Veterans disability, evidence is not as complicated. The following examples will help clarify how evidence is incorporated in a VA disability claim.

The first, and arguably most important, example of evidence is that of medical records. A Veteran’s medical records paint a picture of his or her time in service and provide a roadmap of their medical journey since discharge. Medical records are forms of evidence that prove a Veteran has been diagnosed with a specific condition, has been treated for that condition, and can also prove the extent of an injury or medical condition. Medical records can also confirm the date in which a condition was diagnosed.

While medical records are an important form of evidence for a VA disability claim, they aren’t the only type of evidence that can be submitted for a claim. Administration records are another form of evidence. Most Veterans who served will confirm that the military keeps track of their every move. Some will say, in a hyperbolic fashion, that the military even keeps track of their sneezes. While this sentiment is meant to be humorous, it shows how aware military personnel are of their administrative records. The military keeping such a watchful eye on individuals can help establish where they were when a condition occurred. This, too, is evidence, and can help prove that a Veteran was in an area in which Agent Orange was sprayed, for example. The legal team at Jan Dils, Attorneys at Law has used this type of evidence in countless cases to verify an individual’s location during the Vietnam War and succeeded in getting them the benefits they deserve. The use of administrative records as evidence does not stop there. Sometimes the VA will argue that an injury is not related to a Veteran’s time in service. If this occurs, a Veteran’s administrative records may verify that an injury occurred while serving. Also, if he or she has military medical records to confirm this claim, they too can be used as evidence.

Statements in support of the claim are a final example of evidence. The layman may refer to this type of evidence as a “buddy statement.” Essentially, a buddy statement is simply a witness statement claiming that a Veteran had an injury in service, or that someone witnessed the injury occur. For example, the Veteran who is filing the claim states that he or she was injured due to a rocket-propelled grenade attack. He or she states that their head injuries are a direct result of this blast. However, his or her administrative records are not able to confirm this claim because it happened in the middle of combat. This Veteran can turn to his or her fellow Veterans who served alongside for a statement. Their statement can be used as evidence to prove that the blast occurred, and possibly caused the head injury. These statements may also be provided by non-Veterans, too.

There are other types of evidence that can be used for a VA Disability Claim, but the examples covered here are the most common. Veterans reading this post need not fear the terminology used by the VA. They likely have more than enough evidence to prove their claims. Sometimes they just need a little help to find it. For this reason and more, many Veterans turn to the team at Jan Dils, Attorneys at Law. Since 2008, we’ve helped thousands of Veterans get the disability benefits they deserve.

Socrates also said, “Every action has its pleasures and its prices.” This can apply to calling Jan Dils, Attorneys at Law for a VA Disability Claim Consultation. The pleasure involves learning about the services they provide and possibly gaining peace of mind for your case. The price, though, is free. Just call 1-877-526-3457. If you don’t have time to talk currently, fill out this form and a member of the team can contact you at a better time.

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I Get a Little Help From My Friends; How Buddy Statements Impact Your VA Claim

When it comes to Veterans Disability, one of the most important aspects of any case is evidence. For the most part, this pertains to medical evidence. For instance, if you’re pursuing a claim for your shoulder, you would likely have medical records from your time in service and from the VA and private doctors after your time in service. However, there is not always medical evidence of an injury in service. This is especially true for combat injuries. If you’re in the middle of a firefight, you can’t call a “timeout” if you fall and hurt your ankle. Most Vets I’ve talked to just get back up and keep fighting. In other words, there’s not always a perfect medical record for every disability claim.

The same is also true for mental disabilities like PTSD, or neurological conditions like Traumatic Brain Injury. These injuries are not always diagnosed in service. Usually, they manifest later in life. So, the traditional means of establishing service connection is not always able to be obtained. So, what is a Veteran to do? There is actually an option for this situation.

Sometimes, when attempting to establish service connection, a Veteran may make use of a “statement in support of claim.” These are also sometimes referred to as “buddy statements.” For the most part, these statements are supplied by individuals who either served with the Veteran filing for benefits, or a friend/family member who knew the Veteran before and after he/she entered the military. In some cases, the Veteran may also make a statement in support of claim, but for the purposes of today’s blog, we will just focus on the statements made by others.

First, let’s look into buddy statements. These make a lot of sense because they almost act as an eyewitness report of something that occurred. For instance, if you were serving in a combat zone and an RPG blew up, knocking you unconscious, one of your fellow Vets was likely there with you. There may not be an official record of this in any log, but if you can have at least one other person, or even multiple people, write statements about it occurring, it will help your chances of establishing service connection.

Another way in which we’ve seen buddy statements be effective pertains to cases of Military Sexual Trauma. If a Veteran was sexually assaulted and he/she knew another Veteran who was sexually assaulted by the same person, they can write a statement explaining their experience.  This is beneficial because so many sexual assaults go unreported in the military. However, it’s not the only way in which a buddy statement can be used to aid an MST case. If a Veteran was sexually assaulted, didn’t report it, but confided in his or her fellow service member, they could then write a statement explaining what happened. This is even true several years after the assault occurred.

Just like buddy statements, a statement from a family member can be beneficial in cases of MST and PTSD. Though in most cases your family and friends didn’t serve with you, they can still speak to how your behavior or mood changed after joining the military. For instance, if you were outgoing before, loved going out and had a lot of friends before you were in the military, but after discharge, you were more withdrawn, alone and rarely left your house, this would be a way a family member could explain how you’ve changed. Even in cases not involving PTSD or MST, statements from family members can be beneficial. We see this often in cases of Sleep Apnea.

Statements are just one of the ways in which we help our clients put together strong cases to help them get the benefits they deserve. If you’d like to know more about what we can do for you, call us today for a free consultation. Our number is 1-877-526-3457. If you can’t talk now, fill out this form so that we can call you at a better time. Since 2008 we’ve helped thousands of Veterans get the benefits they deserve, and we won’t take no for an answer.

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