![]() ![]() *A non-combat Veteran’s lay statements may be acceptable for establishing service incurrence or aggravation but must be weighed against other evidence in the claims folder including the absence of military records documenting or supporting the statements. You need to obtain a Medical Nexus Letter to help you win and service connect your VA disability claim. Veterans, this is why I founded VA Claims Insider.Įven though lay evidence can help you prove service connection, you still need competent medical evidence by a credentialed medical professional to help establish service connection. Important: Medical evidence of a link to a current condition is still needed to establish SC. Can prevail in spite of the absence of official records showing incurrence or aggravation of the disease or injury during service.Is consistent with the circumstances, conditions, or hardships of combat or FPOW internment, and.Can I Use Lay Evidence to Win My VA Claim?Īccording to M21-1, lay evidence, or a VA lay statement example, is acceptable for the purpose of establishing service incurrence or aggravation, in the absence of Service Treatment Records (STRs), for a combat Veteran or FPOW, if the evidence Lay persons are competent to provide evidence regarding things they have personally observed, including symptoms that are capable of lay observation and when those symptoms occurred. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. § 3.307 and (ii) present manifestations of the same chronic disease, or (b) when a chronic disease is not present during service, evidence of continuity of symptomatology. § 3.303(b) by (a) evidence of (i) the existence of a chronic disease in service or during an applicable presumption period under 38 C.F.R. 2007).Īlternatively, service connection may be established under 38 C.F.R. 2004).ĭepending on the evidence and contentions of record in a particular case, lay evidence can be competent and sufficient to establish a diagnosis and medical etiology of a condition.Ĭlick to Read Davidson v. Service connection requires competent evidence showing: (1) the existence of a present disability (2) in-service incurrence or aggravation of a disease or injury and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service.Ĭlick to Read Shedden v. ![]() Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. How to Prove VA Service ConnectionĪccording to the law, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. A current co-worker’s statement in support of a claim describing the severity of your current PTSD symptoms IS lay evidence. A spousal letter for sleep apnea, which documents what your spouse has witnessed over the years, and the approximate dates he/she noticed your sleep apnea symptoms began in-service IS lay evidence.Ĥ. A Buddy Letter written by someone you served with who can shed some light on how your shoulder separation occurred on active duty IS lay evidence.ģ. A personal statement you write on the VA Form 21-4138 documenting how you think your current non-combat Post Traumatic Stress Disorder is due to an in-service sexual assault and stressor event that occurred 20 years ago IS lay evidence.Ģ. What Are Some VA Lay Statement Examples?ġ. Lay evidence is competent and credible if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.Īlright, enough legal jargon. “Competent lay evidence” means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence simply means “after the fact evidence” and it must be competent and credible. How do I obtain a DBQ and a Medical Nexus Opinion?.Can I Write A Personal Statement in Support of My VA Claim?.Can I Use Lay Evidence to Win My VA Claim?.What Are Some VA Lay Statement Examples?. ![]()
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