Building Strong Evidence

Overview of Evidence in VA Claims

Evidence is the foundation of every successful VA disability claim. Without compelling evidence, even the most legitimate claims can be denied. This section provides a comprehensive guide to building a strong evidence package that maximizes your chances of a favorable decision.

The most effective claims combine multiple types of evidence that work together to establish service connection, severity, and impact on daily functioning. This section will guide you through creating each type of evidence and assembling them into a compelling package.

The Five Elements of Strong Evidence

Regardless of your specific condition, all strong evidence packages share these five key elements:

1. Relevance - Evidence must directly relate to the claimed condition and its connection to service
2. Credibility - Evidence must come from reliable sources and be internally consistent
3. Competence - Evidence must be provided by sources qualified to make the statements they're making
4. Specificity - Evidence must include detailed information rather than general statements
5. Corroboration - Multiple pieces of evidence should support and reinforce each other

As you develop each piece of evidence for your claim, evaluate it against these five elements to ensure you're building the strongest possible case.

Personal Statements: Your Voice in the Claim

Personal statements (also called "lay statements" when written by you or others without medical expertise) are your opportunity to tell your story in your own words. A well-crafted personal statement can significantly strengthen your claim by providing context and details that might not appear in your medical records.

Key Components of Effective Personal Statements

An effective personal statement should include:

1. Introduction and Background

• Your full name, service dates, and branch of service
• Your current VA claim number or file number (if known)
• A brief summary of your military occupational specialty (MOS) and duties
• The condition(s) you're claiming

2. In-Service Event or Exposure

• Detailed description of the event, injury, or exposure that caused or contributed to your condition
• Approximate dates (be as specific as possible)
• Location where the event occurred
• Names of witnesses or units involved (if applicable)
• Any immediate treatment you received

3. Symptom Development and Progression

• When you first noticed symptoms
• How symptoms have changed or progressed over time
• Frequency and severity of symptoms
• Any patterns or triggers you've identified

4. Impact on Daily Life

• How your condition affects your ability to work
• Effects on daily activities (dressing, bathing, cooking, etc.)
• Impact on relationships and social functioning
• Limitations on physical activities
• Emotional and psychological effects

5. Treatment History

• Healthcare providers you've seen for the condition
• Treatments you've tried and their effectiveness
• Medications you take and their side effects
• Any barriers to treatment you've experienced

6. Conclusion

• Restate the connection between your current condition and military service
• Affirm that your statement is true and accurate to the best of your knowledge

Examples and Templates

Below is a sample structure for a personal statement. This is not a complete statement but illustrates how to organize your information effectively.

Medical Nexus: The Critical Link

A medical nexus is the causal relationship between your current disability and your military service. This critical piece of evidence often makes the difference between claim approval and denial, particularly for conditions that develop or worsen over time.

Requirements for a Strong Medical Nexus

An effective medical nexus opinion should include:

1. Qualified Medical Source

• Written by a licensed healthcare provider (MD, DO, PA, NP, etc.)
• Ideally from a specialist in the relevant field of medicine
• Provider should include their credentials and experience

2. Review of Relevant Records

• Statement that the provider reviewed service treatment records
• Review of post-service medical records
• Acknowledgment of any relevant VA examinations

3. Clear Medical Opinion Language

• Uses VA-recognized terminology for probability:
  • "At least as likely as not" (50% or greater probability)
  • "More likely than not" (greater than 50% probability)
  • "Highly likely" or "very likely" (significantly greater than 50%)
• Directly addresses the relationship between the condition and service

4. Medical Rationale

• Explains the medical reasoning behind the opinion
• Discusses relevant medical principles
• Addresses how the in-service event could cause or contribute to the current condition
• May reference medical literature or studies

5. Consideration of Alternative Causes

• Acknowledges and addresses other potential causes
• Explains why service-related cause is more likely

How to Obtain a Medical Nexus Letter

Follow these steps to obtain an effective medical nexus letter:

Sample Nexus Language

Below are examples of effective nexus language for different types of service connection claims:

Buddy and Witness Statements

Buddy statements (also called lay statements when from non-medical sources) are written accounts from people who have firsthand knowledge about your condition, its onset, or its impact on your life. These statements can provide crucial corroborating evidence, especially when medical documentation is limited.

Types of Buddy Statements

Different types of buddy statements serve different purposes in your claim:

1. Service Buddy Statements

These come from fellow service members who:

• Witnessed the event or injury that caused your condition
• Served with you in locations with environmental hazards
• Observed your symptoms or condition during service
• Can verify details about your duties or exposures

2. Post-Service Buddy Statements

These come from people who knew you before and after service, such as:

• Family members who can describe changes they observed
• Friends who knew you before and after service
• Coworkers who can describe how your condition affects your work

3. Continuity of Symptom Statements

These help establish that your symptoms have been ongoing since service:

• From people who have known you since shortly after discharge
• Describing symptoms they've observed over time
• Particularly valuable for conditions with limited medical documentation

4. Daily Living Impact Statements

These focus on how your condition affects your current functioning:

• From people who regularly observe your daily activities
• Describing specific limitations they've witnessed
• Particularly helpful for mental health conditions or conditions with symptoms that vary in severity

Guidelines for Effective Buddy Statements

To ensure buddy statements strengthen your claim, provide these guidelines to anyone writing a statement on your behalf:

Content Guidelines

• Establish relationship - Explain how they know you and for how long
• Specify firsthand knowledge - Only describe what they personally witnessed or observed
• Include dates and locations - Be as specific as possible about when and where events occurred
• Provide concrete examples - Include specific incidents and observations rather than general statements
• Focus on observations, not diagnoses - Describe what they saw, not medical conclusions
• Be honest and accurate - Don't exaggerate or speculate

Format Guidelines

• Use VA Form 21-4138 (Statement in Support of Claim) or a typed letter
• Include the writer's full name, contact information, and relationship to you
• Reference your name and VA file number or claim number
• Sign and date the statement
• Include a statement affirming the truth of the content

Using the BVA Database for Evidence

The Board of Veterans' Appeals (BVA) database contains thousands of previous decisions that can provide valuable insights for your claim. Learning how to search and use this resource effectively can strengthen your evidence package.

Why the BVA Database Is Valuable

The BVA database can help you:

• Identify successful arguments for similar claims
• Find medical research and studies the BVA has found persuasive
• Understand how the VA interprets specific regulations
• Locate expert opinions that support your type of claim
• See what evidence was sufficient (or insufficient) in similar cases

How to Access the BVA Database

The BVA decisions are publicly available through:

• The VA's Board of Veterans' Appeals Decision Search page at www.va.gov/decision/search
• The Veterans Appeals Control and Locator System (VACOLS) through FOIA requests
• Commercial legal research databases like LexisNexis and Westlaw (subscription required)

Effective Search Strategies

To find relevant decisions, use these search strategies:

How to Use BVA Decisions in Your Claim

Once you've found relevant decisions, use them effectively:

1. Cite Medical Studies and Research

• Extract references to medical studies that the BVA found persuasive
• Locate these studies and include them in your evidence package
• Reference them in your personal statement or ask your doctor to address them in a nexus letter

2. Identify Successful Arguments

• Note the reasoning that led to favorable decisions in similar cases
• Structure your claim to emphasize similar factors in your situation
• Address potential counterarguments that the BVA has previously rejected

3. Find Expert Opinions

• Identify medical experts whose opinions were accepted in similar cases
• Consider consulting these experts for your own claim if possible
• Use similar language and reasoning in your own medical opinions

4. Include in Your Evidence Package

• Attach relevant BVA decisions as exhibits to your claim
• Highlight the portions most relevant to your case
• Include a brief explanation of how the decision supports your claim

Evidence Submission Strategies

How and when you submit evidence can be almost as important as the evidence itself. Strategic submission can expedite your claim and increase your chances of approval.

Timing Your Evidence Submission

Initial Claim Submission

For new claims, consider these approaches:

• Fully Developed Claim (FDC): Submit all evidence at once with your initial claim
  • Pros: Faster processing, potentially higher approval rate
  • Cons: Requires having all evidence ready before filing
• Intent to File + Staged Submission: File an Intent to File form, then gather and submit evidence
  • Pros: Preserves effective date while allowing time to collect evidence
  • Cons: Longer overall processing time

During Claim Development

If you receive a VA request for evidence:

• Respond within 30 days if possible
• If you need more time, request an extension in writing
• Submit the most critical evidence first, then follow up with supporting documentation

After a Denial

If your claim is denied, your evidence submission strategy depends on your appeal path:

• Supplemental Claim: Must submit new and relevant evidence
• Higher-Level Review: No new evidence allowed (review based on existing evidence)
• Board Appeal: Evidence submission depends on which docket you choose

Organizing Your Evidence Package

A well-organized evidence package makes it easier for VA raters to find and understand your supporting documentation:

1. Create a Cover Letter

• List all enclosed documents
• Briefly explain how each piece of evidence supports your claim
• Reference your claim number and personal information

2. Organize Chronologically or by Issue

• For single-condition claims, organize documents chronologically
• For multi-condition claims, organize by condition, then chronologically within each section

3. Use Tabs or Dividers

• Separate different types of evidence (medical records, statements, etc.)
• Label each section clearly
• Include a table of contents

4. Highlight Key Information

• Use yellow highlighter to mark critical information in lengthy documents
• Add page tabs to direct attention to particularly important pages
• Consider creating a summary of key points from lengthy medical records

Submission Methods

The VA offers several methods for submitting evidence, each with advantages and considerations:

Online Submission (VA.gov)

• Advantages: Immediate confirmation, faster processing, ability to upload multiple files
• Considerations: File size limitations, potential technical issues
• Best for: Most evidence submissions, especially digital documents

Mail

• Advantages: No file size limitations, no need for digital conversion
• Considerations: Potential for loss or delay, no immediate confirmation
• Best for: Very large evidence packages, original documents (send copies, not originals)
• Tip: Always use certified mail with return receipt for tracking

In-Person at VA Regional Office

• Advantages: Immediate date stamp, receipt confirmation
• Considerations: Limited to office hours, may require appointment
• Best for: Time-sensitive submissions, complex evidence packages

Fax

• Advantages: Date-stamped upon receipt, relatively quick
• Considerations: Quality may be reduced, confirmation page doesn't guarantee all pages transmitted successfully
• Best for: Urgent, relatively brief submissions
• Tip: Always keep the fax confirmation page

Tracking Your Evidence

Maintain records of all evidence submissions:

• Keep copies of everything you submit
• Maintain a submission log with dates, methods, and tracking numbers
• Follow up if evidence isn't acknowledged within 30 days
• Check your claim status on VA.gov regularly

Master Evidence Checklist

Use this comprehensive checklist to ensure you've gathered all potentially relevant evidence for your claim. Not all items will apply to every claim, but reviewing the complete list helps identify evidence you might have overlooked.