
These personal statements can be from your spouse, friend,
pastor, co-worker, boss, adult child, a fellow service member, or any other
credible witness (18 years of age or older).
A credible and supportive statement from a competent
individual can be the linchpin to winning your VA disability claim.
A buddy statement constitutes “lay evidence” under the law,
which simply means “after the fact” evidence.
In this post, we will be exploring the 4 essential elements
of a buddy letter, followed by VA buddy letter examples.
How to write a VA buddy letter
When writing or obtaining a buddy letter in support of a
veteran's VA disability claim, use VA Form 21-4138, Statement
in Support of a Claim.
I've heard gossip that the VA Form 21-4138 might
be hurting your claim…
Guess what?
They are wrong.
VA Form 21-4138 is still the
PREFERRED method for personal statements according to VA Rating Officials.
When filling out the form, remember: A great VA buddy letter is short and sweet (3-4 paragraphs max). Think less is more. We’re not writing a novel here, friends.
VA Raters are very busy people, so you want to give them the
exact information they need, at the moment they need it, to support a veteran's VA disability claim.
All buddy letters must include:
- Your name, personal identifying information, and how you know the veteran
- What you witnessed or are witnessing
- The veteran's current symptoms and level of disability
- A signature testifying that the information stated is to the best of your knowledge and belief
Let's look at some examples.
Part 1: How do you know the veteran?
In part 1, you need to explain how you know the veteran.
Here is an example of how to write this section:
“My name is John Doe, and I'm the husband of veteran [INSERT
VETERAN'S NAME].
I'm writing this statement on behalf of veteran [INSERT
VETERAN'S NAME].
I have known [VETERAN] since 1989. We met in high school and became high school
sweethearts.
Over the past 30 years, we have interacted daily.”
Part 2: What you witnessed or are witnessing.
In part 2, you need to explain in detail what you witnessed
or are witnessing in regards to the incident that caused the condition or how the condition developed over time.
You do NOT need to explain every detail, just establish the condition's beginning in relation to the veteran's military service. Basically, help define how the condition is service-connected.
Here is an example of how to write this section:
“When I first met [VETERAN] before she entered active duty
military service, she was happy, fun loving, and had no mental health issues
whatsoever. All of that changed in July 2004 when she was raped by
another service member while TDY to Lackland Air Force Base, San Antonio,
Texas. It became very evident to me that she suffered and still suffers from severe
PTSD, depression, and anxiety following this event. I encouraged her to get help and seek treatment many times
over the years, but because she was an officer and worked with senior military
leaders, she was afraid of retaliation and reprisal.”
Part 3: The veteran's current symptoms.
In part 3, you need to explain how the veteran currently suffers from the condition, including symptoms and limitations caused by the disability.
Again, you do NOT need to explain every detail or reproduce the doctor's notes. Just include the
things you know about and have personally witnessed.
Here is an example of how to write this section:
“Ever since the incident, I witnessed her suffer from severe
depression, anxiety, insomnia, nightmares, relationship problems, trust issues,
anger issues, panic attacks 3-5x per week, memory problems, and sexual
dysfunction, among many others. The rape mentioned above by a fellow service member has
affected her so much that it is my belief she cannot have a normal relationship
with anyone anymore, which has caused numerous marital
challenges over the years. I am 100% certain that her PTSD, depression, and anxiety is
due to the rape.”
Part 4: Signature.
In part 4, you need to sign and date your name to testify that the information stated is to the best of your knowledge and belief.
Here is an example of how to write this section:
“I CERTIFY THAT the statements on this form are true and
correct to the best of my knowledge and belief.”
Signed, John Doe, January 23, 2019.
Conclusion
Ultimately, buddy letters can be a great help to a veteran's claim if they are simple, straightforward, and clearly communicate how the condition caused by military service has affected the veteran's life.
Great buddy letter example but what if that person are no longer in your life. Can or will a buddy letter be appropriate and will it be accept by VA?
ReplyDeleteA legitimate buddy letter signed by the individual will be accepted, regardless of whether or not you are close the individual currently. As long as the person was present and can write a letter detailing what they witnessed, it will be accepted.
Deletehello, what is considered "personal identifying information" at the beginning of the buddy statement?
ReplyDeleteHi Mike-
DeleteThe VA will need things like contact information and information that shows your relationship to the veterans (i.e. information showing that you served together, are married, etc.).
How many buddy letters should be included with claim? For PTSD for example, wife is an obvious choice but friends and/or other family members too?
ReplyDeleteI dint want to submit too many or not enough.
Thanks
Buddy letters are tricky in that they really do not hold much weight compared to medical records or other official documents. Really only a couple are helpful unless each provides new, pertinent information that will effect your rating. That information should also be in your medical records, however, in order for the VA to put much weight in it.
Deleteon the 21-4138 and it was not even looked at. Filed for increase over a year ago. Instead of appealing i am about to refile for increase and my wife using a sworn affidavit and also having it notarized. I'll never use that crap form again.
ReplyDeleteA Good thing is to have it notarized under penalty of perjury., or elsewhere; when needed such as Board of Veterans Affairs[BVA]. BVA does not by LAW even have to consider an unnotarized buddy statement.
ReplyDeleteUnfortunately, the reality is that buddy statements are very low on the importance of evidence that can be submitted. Official medical records and commander's statements hold much more weight. If something is only mentioned in a Buddy Statement but not located anywhere else in the record, it will most likely be ignored.
DeleteWhat happens if a buddy letter is not signed?
ReplyDeleteA buddy letter definitely needs to be signed to attest that it is real and not forged.
DeleteMy husband has 100% VA disability, he received a letter reducing it to 0%. He had cancer off the larynx, the cancer is in remission. However, his voice was affected to the point he is very hard to understand and has affected his ability to work as he is in sales. He also slobbers and has neck spasms. The doctors have all said this could be a result of the radiation. What do I do.
ReplyDeleteIf you can get a Doctor to say: "It is more likely than not that (the symptoms you mentioned) were a direct result from exposure to radiation during treatment for cancer of the larynx." That statement signed by a doctor should be included with Form 21-0995 if his reduction to 0% happened within the last year. If more than a year - use Form 21-526EZ and include the physician's letter(s).
DeleteGood advice.
DeleteMost 100% ratings for cancer are only applicable while it is active and for 6 months after the last treatment. However, they are then supposed to re-examine the condition and rate any lasting symptoms. Did he have an exam? If so, they should have rated the remaining symptoms at that time. You shouldn't have to reapply for them.
He should at least qualify for one of the larynx codes, like aphonia code 6519.
If you did have an exam and the examining physician did properly record his current symptoms, then you definitely need to submit an appeal. If he didn't have the exam, then you need to contact your VA to get one set up.
Will the Aug 2004 version of this form still be accepted?
ReplyDeleteIt is always best to use the updated versions, but if the buddy letter was written and dated before the current forms were issued, then they can still be used to support a claim/appeal.
DeleteIs a buddy letter meant to cover just 1 part of a claim IE: you get headaches and you have lower back pain. Do you need 2 letters or do you need to have them put it all in one?
ReplyDeleteA buddy letter can cover everything in a single letter. Make sure, however, that the buddy clearly comments on each condition separately and how that condition alone affected your daily life and ability to do your job.
DeleteSo I am filing for Migraines due to burn barrels and frequently flying through that nasty haze over Baghdad as a UH-60 Crew Chief. I was never seen by a doc while in because I just figured it was headaches. After doing research and seeing it can be linked to exposure I decided to file. So from what I am reading in these comments, it’s probably pointless to file a claim for it even with a buddy letter.
ReplyDeleteIt isn't necessarily pointless. A single buddy letter with no other evidence is weak, however, the more evidence you can give, the stronger you case.
DeleteIn your case, because the migraines were the result of exposure, if you can provide a couple buddy letters and even a commander's letter that all testify to both the exposure and that you experienced headaches in service, and if you can provide ample evidence that similar exposure is known to cause migraines, and include a NEXUS Letter from your physician claiming that the migraines are the result of the exposure, then you'll have a fairly solid case.
I have a diagnosis for GERD and Doctor fill out the DBQ form but he will not write a nexus letter. Will I win my claim for getd
ReplyDeleteIt's tough to say without knowing how strong your evidence is for service-connection. If it was diagnosed during service and you have medical records showing that, you should be fine. If it wasn't, you'll need significant evidence of service-connection, and a DBQ is medical evidence but not service-connection evidence.
DeleteWe discuss the different types of service-connection on our site, so check them out and see if you have solid evidence of any of these. If not, you'll need to find another physician to write a NEXUS and/or other forms of evidence.
https://militarydisabilitymadeeasy.com/service-connection.html
My dad is working on upping his disability because he’s been having a lot of mobility issues (along with some PTSD) and they are severely affecting his day to day life. He asked me to write a buddy letter for him (to add to his doctors stuff and other documents) because I’m around him almost daily and have witnessed his struggling, but this is from events in Vietnam. I didn’t witness the actual events. Does this make me ineligible to write the letter?
ReplyDeleteNot at all. You can write the letter in support only of his day-to-day limitations. You would not be able to speak to the actual event, but you can provide testimony of how the conditions have worsened and affect him currently.
Delete