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Author Topic: Statement in Support of Claim  (Read 6629 times)
dointhedeal
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« on: July 07, 2011, 01:22:03 PM »

The VA needs additional evidence for processing my mom's A&A.  I've got the information they want, the doctor's statement has already been sent so I'm fixin on simply resending that.  A little more information about interest bearing accounts, in-home health care costs, and additions to Form 21-2680, if desired.

My need is to write a 'perfect' Statement in Support of Claim... "If you have anything else you would like to report to us or if anything in this letter is incorrect, please tell us on the enclosed VA Form 21-4138."   I'm wondering if there are any terrific suggestions for what to include here, a summary, an urgent plea?

Thank you for your help,
Jan
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VSR
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« Reply #1 on: July 07, 2011, 06:24:38 PM »

You don't need to write anything.  Its only included in case there was some major change in her situation since the last time they heard from you (i.e. changed facilities, change in income, etc.)
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Fit2009
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« Reply #2 on: July 08, 2011, 05:29:06 PM »

The Statement in Support of Claim is basically a cover letter where you can - well, make a statement in support of your claim.
Since they are asking for additional information you could write
Dear VA,
In response to the letter dated X, reference number ###/ABC/DEF, you ask for X, I am supplying "such and such" to show that "whatever"

See?  It's a cover letter to let you tell them why you are sending them stuff and for you to draw a clear picture for them.
« Last Edit: July 10, 2011, 08:05:00 AM by vetadmin » Logged
dointhedeal
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« Reply #3 on: July 11, 2011, 09:59:10 AM »

thank you very much for your input.
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Dianne Aldridge
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« Reply #4 on: July 16, 2011, 11:42:28 AM »

This information is helpful, thank you. I have a question pertaining to this form: my father has been declared incompetent by his doctor. Can he still sign the statement form? Also, I was reading further information about the Support of Claim statement saying that multiple letters of support can be submitted (ex. one by Dad, one by me, one by a caregiver) - can this be helpful, or found tedious, by the VA? By the way, here is a link to where you can fill this form out online and print it. Very handy.
http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

I've also read the following that may be helpful (http://bit.ly/oGCPvR) - our moderators can comment to its legitimacy: "I just want to point out that any letters/statements from spouses, family members, former service buddies, etc., made in support of your claim, should either be made on the VA's "Statement in Support of Claim" form or be in an affidavit form, meaning that it is a sworn statement. Adding a phrase that "this is a sworn statement, made of my own free will, and is sworn to under the penalties of purjury" at the end of the statement that is signed and dated will insure the statement has to be considered, as evidence, in your claim."
« Last Edit: July 19, 2011, 08:04:37 PM by vetadmin » Logged
Fit2009
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« Reply #5 on: July 17, 2011, 07:01:43 PM »

He can and must sign the VA letter - until the VA finds him incompetent which is after the award letter.  I don't know the answers to your other questions.
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kylemorman
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« Reply #6 on: July 19, 2011, 09:09:38 PM »

Just remember your letters need to state factual information concerning the health and wellbeing of your father over a period of time where the condition of his claim has gotten worse.  These statements need to be of hard truth and not merely opinions or conclusions you or others may have come to.  Being particular about dates of incidents and providing any documentation of record (maybe you kept a log?) will assist in authenticating your document.  If you have no documentation record, that is still ok. Your statements will be more general in stating the facts, but none-the-less; you will still be able to provide insight into his life.

It is truthfully hard to say, even as a Veteran, how much each different type of letter is weighed or how much it helps in determining a rating.  It is commonly accepted that co-workers have the strongest authentication when it comes to providing support statements, but I would argue that spouses or family members that have lived with and/or witnessed the Veteranís daily life after service has the best knowledge of how a condition or conditions have worsened over time and affected the overall quality of a Veterans daily living.

I hope this helps.

All the best.
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VSR
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« Reply #7 on: July 19, 2011, 09:44:33 PM »

When it comes to an aid and attendance rating, about 90% of what will be used will be the 21-2680.  A detailed 2680 is worth 100 4138's.
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Fit2009
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« Reply #8 on: July 25, 2011, 04:50:19 AM »

No co-workers for Pension with Aid and Attendance please, as you can not be working.
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VSR
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« Reply #9 on: July 25, 2011, 10:17:32 PM »

No co-workers for Pension with Aid and Attendance please, as you can not be working.

Technically, you can be working while on A&A, but it cannot be "substantially gainful employment."

Good example of this would be a blind claimant (if you are eyesight is less than 5/200 you automatically qualify for A&A), you could still work a little on the side, so long as your income did not exceed the income limits.
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