Can a sworn statement help me with my VA appeal?

SGT Private RallyPoint Member — Wed, 10 Feb 2021 14:51:25 -0500

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?

Response by Sgt Private RallyPoint Member made Feb 10 at 2021 3:29 PM

Sgt Private RallyPoint Member — Wed, 10 Feb 2021 15:29:15 -0500

SGT Private RallyPoint Member Are you working with a Veteran Service Officer to help with your appeal?

Response by SGT Christopher Hayden made Feb 10 at 2021 3:39 PM

SGT Christopher Hayden — Wed, 10 Feb 2021 15:39:47 -0500

Knowing the VA, it's never going to be enough.

Response by LtCol Private RallyPoint Member made Feb 10 at 2021 5:08 PM

LtCol Private RallyPoint Member — Wed, 10 Feb 2021 17:08:46 -0500

It's better than nothing. Did NPRC say that your records were lost, too?

Response by SSG Dale London made Feb 10 at 2021 6:54 PM

SSG Dale London — Wed, 10 Feb 2021 18:54:16 -0500

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.

Response by SPC Richard Zacke made Feb 10 at 2021 9:27 PM

SPC Richard Zacke — Wed, 10 Feb 2021 21:27:12 -0500

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.