Posted on Feb 10, 2021
Can a sworn statement help me with my VA appeal?
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Hey brother, quick question. I'm fighting the VA still trying g to get my appeal to go through. They can't seem to find d any of the paper work stating back in 2008 that the Army was either going to give me the surgeries I needed, or discharge me, but I finally found my old Readiness NCO who dealt with all of that, and I'm getting a sworn statement from him. That should be enough right?
Posted in these groups: 
Department of Veterans Affairs (VA)
Department of Veterans Affairs (VA)
Posted 3 y ago
Responses: 5
SGT Ben Keen
SGT (Join to see) - I can refer you to the one I use. If you want me to send me a direct message I can try to help you out more.
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I don't know how long you have been fighting the VA but anything can help you. For example: If your nearing one year without any activity in your case record you will lose your back pay when and if you win your case. Go with a reputable VSO, for example I used the American Legion National Committee and went in front of the VA National Review Board. Just remember to keep your case active for under a year's time or you stand to lose all your back pay. I got over $100,000 in 1994. But as to your question I believe your old Readiness NCO will carry a lot of weight. Have him take it to the bank and get it notarized before sending it to you.
My military records have been missing or "misplaced", as they say, for more than four years now. Good luck Sargent and don't get discouraged it may take some time. I've had nine low back surgeries and two cervical surgeries and became 100% disabled so hang in there. You might even check with your duty station to see if they still have any of your medical paperwork left.
God bless you and yours.
My military records have been missing or "misplaced", as they say, for more than four years now. Good luck Sargent and don't get discouraged it may take some time. I've had nine low back surgeries and two cervical surgeries and became 100% disabled so hang in there. You might even check with your duty station to see if they still have any of your medical paperwork left.
God bless you and yours.
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SPC Richard Zacke
SGT (Join to see) @SGT Ben Keen asked if you had a good law firm. I've been told that Morgan & Morgan Law is nation wide and does a great job for the Veterans in these legal matters. Google them and see if they are in your area.
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First off, it depends on the kind of appeal you are filing. Some do not allow additional evidence to be presented. But generally yes. Get that NCO to write down what he knows about the situation on a sworn affidavit on VA form 21-4238. Sworn statements, sometimes called "Buddy Letters" are very strong evidence. Ideally you should have included it in your initial claim but better late than never.
Contact a VSO like the DVA or VFW and get some advice. Remember that you only have 12 months from the determination on your claim to file an appeal.
On another tack - if you cannot include the statement in your appeal (and I recommend you take advice on this before trying it) you could let your appeal time lapse and re-apply for compensation as a whole new claim, including that statement in your filing.
There are other avenues you could try but you should get expert advice.
Contact a VSO like the DVA or VFW and get some advice. Remember that you only have 12 months from the determination on your claim to file an appeal.
On another tack - if you cannot include the statement in your appeal (and I recommend you take advice on this before trying it) you could let your appeal time lapse and re-apply for compensation as a whole new claim, including that statement in your filing.
There are other avenues you could try but you should get expert advice.
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