Why a VA Lay Statement Matters for Your VA Disability Claim!

As a veteran pursuing VA disability compensation, the burden of proof is on you to establish service connection for your disability.

The standard of proof you need to meet is “at least as likely as not,” meaning there must be an equal balance of evidence both for and against your claim (50/50); if this happens, the tie goes to the veteran, and VA disability benefits should be awarded in your favor.

This is a lower threshold compared to the “preponderance of the evidence” standard, which requires more than 50% certainty.

While medical records and expert opinions are critical forms of medical evidence, there’s another valuable tool that can make a significant difference in your VA claim success—lay evidence submitted as a lay statement.

Lay evidence is non-expert testimony (e.g., family, friends, buddies you served with) that helps fill gaps in your medical records by providing firsthand accounts of how your condition affects your daily life.

In this article, we’ll explain the definition of lay evidence, its types and examples, why it could be important for you, two examples of VA lay statements, and how it can be the key to strengthening your VA disability claim.

Summary of Key Points

• Burden of Proof and Standard: Veterans must prove that their disability is service-connected. The standard is “at least as likely as not,” meaning if there is equal evidence for and against the claim (50/50), the tie goes to the veteran, and they should receive benefits.

• Role of Lay Evidence in VA Claims: Lay evidence, which comes from non-experts (like family, friends, or fellow service members), is valuable for filling gaps in medical records. It provides personal accounts of how a condition affects daily life, especially when medical documentation is lacking.

• Legal Framework Supporting Lay Evidence: Court decisions like Jandreau v. Nicholson and Buchanan v. Nicholson expanded the role of lay testimony in VA claims, making it easier for veterans to use non-expert statements to prove conditions, even without immediate medical documentation.

• Types of Lay Evidence and Statements: Examples include the veteran’s own testimony, buddy statements from fellow service members, and observations from family or friends. Lay evidence can help demonstrate the onset of symptoms, the progression of a condition, and the impact on daily functioning, which medical records may not fully capture.

Definition of Lay Evidence

According to 38 CFR § 3.159, lay evidence refers to statements or testimony from individuals who lack specialized education, training, or experience in medical fields.

Essentially, this means that any non-expert—such as the veteran, family members, fellow service members, or friends—can provide firsthand observations about the veteran’s condition.

This is important because lay evidence offers personal insight into how a condition affects the veteran’s daily life, especially in areas that medical records may not fully capture.

For instance, while a doctor’s opinion might detail the medical aspects of your condition, a lay statement from a family member could describe how your condition impacts your ability to perform daily activities, such as working, sleeping, or maintaining relationships, among others.

The courts have also established that lay evidence is competent to describe observations of disability symptoms, and, in some cases, even diagnosis—when it involves conditions that are readily observable without medical training (e.g., a broken bone or skin condition).

Background of Federal Circuit Decisions and Their Impact on Lay Evidence in VA Claims

There are two landmark cases that impact lay evidence for VA claims: Jandreau v Nicholson and Buchanan v. Nicholson.

The Jandreau v. Nicholson (2007) decision clarified how veterans can use lay evidence—testimony from non-experts—in their VA disability claims.

This built on an earlier case, Buchanan v. Nicholson (2006), which established that just because there aren’t any medical records from the time of service doesn’t mean that lay evidence is automatically invalid.

In Jandreau, however, the court outlined three key situations where lay evidence can help establish a diagnosis for your VA claim:

• Simple Medical Conditions: Some conditions, like a broken bone or varicose veins, are easily observable by non-experts (like yourself or family members), so this type of testimony can be considered.

• Reporting a Medical Diagnosis: If you or someone else is reporting a diagnosis from a doctor that happened around the same time as your symptoms, this lay testimony can support your claim.

• Symptoms Linked Later by a Doctor: Even if you didn’t have a diagnosis at the time of service, if your symptoms are later linked to a medical condition by a doctor, your past descriptions of those symptoms can help support the claim.

This framework lets veterans use lay evidence to fill gaps in their medical records, ensuring they aren’t denied benefits due to missing or delayed documentation.

In essence, it broadens the role of non-expert testimony, helping veterans secure VA benefits even without immediate medical proof from their time in service.

Types of Lay Statements for a VA Claim

There are several forms of lay evidence that can be submitted in support of a VA disability claim, each serving a unique role in painting a comprehensive picture of your disability:

• Veteran’s Own Statement in Support of a Claim: As the veteran, you are the primary witness to your own symptoms and experiences. Providing a detailed statement about when your symptoms began, how they have worsened, and how they affect your daily life is invaluable to your claim. Be specific and describe the frequency, intensity, and limitations caused by your disability.

• Buddy Statements: Fellow service members or other witnesses who were present during your service can provide statements that validate your account of in-service events or injuries. For instance, if you were injured in combat or during a specific training exercise but there is no official documentation, a buddy statement can provide corroboration.

• Family and Friends’ Statements: Those closest to you often see how your condition affects you on a daily basis. Their observations about changes in your behavior, physical abilities, and mental health post-service can provide valuable insight that complements your medical evidence.

• Boss and co-worker Statements: If your disability has impacted your job performance, a statement from a boss or co-worker can shed light on how your condition affects your work capabilities. This could be crucial for claims related to unemployability or for understanding the vocational impact of your condition.

• Personal Journals or Diaries: Written records you’ve kept detailing the progression of your symptoms over time can serve as compelling evidence. These personal documents offer a timeline that helps to establish continuity of symptoms since your time in service.

How to Document and Submit Lay Evidence to the VA

To document lay evidence for a VA disability claim, it’s essential to follow a structured approach.

The format or form used is not nearly as important as the content and credibility of the author.

Lay evidence can come from the veteran themselves or from other individuals like family members, friends, or fellow service members.

This type of evidence helps provide additional context about the veteran’s condition, especially when medical records are incomplete or missing.

Here’s how to effectively document lay evidence and the VA forms to consider using:

1. Write a Detailed Lay Statement

Lay evidence should be submitted to the VA as a written statement.

These statements should include the following details:

• First-hand witness testimony: This involves personal accounts from individuals who directly observed the veteran’s injury, symptoms, or progression over time.

• What happened: A detailed account of the event or injury that caused the disability.

• When it happened: Provide specific dates, times, or at least a general timeframe.

• Where it happened: Whether it was during a deployment, training exercise, or other service-related activity.

• Symptoms and progression: Describe how the disability has progressed over time and how it affects daily life.

• Eyewitness accounts: If others witnessed the injury or its effects, have them provide written statements with similar details.

2. Personal Statements from the Veteran

Veterans can and should provide their own detailed account of the disability, including when it started, how it occurred, current symptoms, and how it affects their daily life, work, and social functioning. This firsthand testimony can be vital in supporting the claim, particularly in cases where medical documentation may be lacking or incomplete.

Be as specific as possible and stick to the facts!

3. Buddy Statements

Buddy Statements, also called Buddy Letters, are a type of lay evidence provided by individuals who served with the veteran or witnessed the injury or symptoms.

A buddy can confirm:

• The event or incident that caused the injury.

• The veteran’s physical or mental condition during service.

• Any changes in the veteran’s behavior or ability to function after the incident.

4. Family or Friend Statements

Family members or close friends can provide valuable insight into the veteran’s condition before and after service.

Their statements should focus on:

• Observations of how the disability affects the veteran’s life.

• Any noticeable changes in behavior, mood, or physical ability.

• The impact of the disability on work, life, relationships, and social functioning.

5. Key VA Forms for Submitting Lay Evidence

While you can submit a lay statement using a simple Microsoft Word document or any written format, there are specific VA forms designed to document and submit lay evidence:

• VA Form 21-4138 (Statement in Support of Claim): This is the primary form for submitting personal or buddy statements as part of a claim. The form allows the veteran, fellow service members, or others to provide written testimony in support of the claim. Ensure that all statements are detailed, consistent, and signed by the individuals providing them.

• VA Form 21-10210 (Lay/Witness Statement: This form is specifically designed for submitting lay evidence from witnesses or individuals who can corroborate the veteran’s claims. It is useful when someone other than the veteran needs to provide testimony.

• VA Form 21-2680 (Examination for Housebound Status or Permanent Need for Regular Aid and Attendance): While this form is typically used for medical opinions related to Aid and Attendance, a veteran can provide lay evidence regarding their daily care needs and how their condition affects their independence.

6. Pro Tips for Crafting Effective Lay Evidence

Here are a few pro tips to keep front of mind when writing lay evidence for your VA disability claim:

• Be specific and detailed: Avoid vague language; provide clear descriptions of the symptoms and how they’ve affected daily life. Stick to the facts and observable symptoms and behaviors over time.

• Use multiple sources: Strengthen your case by gathering multiple statements from different people who have observed the veteran’s condition. The best lay statements are from first-hand witnesses who have directly observed the who, what, when, where, and why.

• Stay consistent: Ensure that all lay statements align with each other and with any medical records or other evidence. There shouldn’t be any inconsistencies from one lay statement to the next.

7. Submit Your Lay Evidence Alongside Medical Evidence

Lay evidence is most effective when supported by medical evidence like doctor’s reports, diagnostic tests, or other medical documentation.

While lay evidence alone can be powerful, combining it with strong medical evidence can strengthen your VA claim significantly.

Don’t ever forget: MEDICAL EVIDENCE WINS VA CLAIMS!

8. When to Use Lay Evidence with Examples

1. No medical documentation exists: Lay evidence can be vital in situations where there are gaps in service medical records, such as a lost or destroyed medical record.

Example: A veteran injured their knee during a field exercise, but there are no medical records of the incident because they didn’t seek treatment at the time. A fellow service member who witnessed the injury can provide a statement detailing how and when the injury occurred, filling the gap left by missing medical records.

2. For the onset of the condition during service: Lay evidence from a buddy you served with can shed light on the approximate timeframe of when your condition was or should have been diagnosed during your military service. Again, this must be from a first-hand witness who directly observed the start of your condition.

Example: A veteran developed hearing loss during their time working around heavy machinery, but there was no formal diagnosis while in service. A buddy statement from a fellow soldier who served alongside the veteran and noticed their frequent complaints of hearing issues can help establish the onset of the condition during service.

3. For symptom severity or progression: Lay evidence is useful when describing how the veteran’s condition has worsened over time or its ongoing effects on daily life.

Example: A veteran with a service-connected back injury has experienced worsening pain over the years. A family member could provide a lay statement describing how the veteran’s mobility has decreased, detailing how they now struggle with daily tasks like lifting objects or walking for extended periods.

4. To support a secondary service connection claim: If the veteran’s primary service-connected disability has caused a secondary condition, lay evidence can help describe the onset and connection between the two.

Example: A veteran who has service-connected diabetes develops neuropathy as a secondary condition. A coworker could write a statement explaining how the veteran’s ability to perform job-related tasks has declined due to numbness and pain in their feet, showing how the secondary condition affects the veteran’s daily life and work.

VA Lay Statement Examples

Example #1: Veteran’s Own Lay Statement

VA Form 21-4138
Statement in Support of Claim

John Doe
Date of Birth: 01/01/1980
VA File Number: XXXXXX

Statement:

I am submitting this statement in support of my claim for service-connected compensation for my knee condition and associated pain. I served in the U.S. Army from January 2000 to March 2010. During my deployment to Afghanistan in 2005, I injured my right knee while participating in a training exercise that required carrying heavy equipment over rough terrain. At that time, I felt a sharp pain in my knee but did not seek immediate medical attention because of the mission’s urgency.

In the years following the injury, my knee pain has progressively worsened. I now experience chronic pain, stiffness, and swelling, which severely impacts my daily life. The pain is particularly bad when I stand for long periods, climb stairs, or perform any physical activity. I currently have trouble completing basic tasks such as walking my dog, standing for long at work, or playing with my children.

I first mentioned my knee pain to medical personnel during a physical exam in 2007, but the condition wasn’t officially documented in my records at that time. Since leaving the military, I’ve sought treatment from a civilian doctor who diagnosed me with arthritis and recommended physical therapy. Unfortunately, the pain continues to interfere with my work as a mechanic, and I’ve had to take extended leave on multiple occasions.

I respectfully request that the VA consider this statement as part of my claim for service connection due to the significant impact this condition has had on my quality of life and ability to work.

Signature: John Doe
Date: 09/30/2024

Example #2: Buddy Statement from Fellow Service Member

VA Form 21-10210
Lay/Witness Statement

Jane Smith
Date of Birth: 12/10/1978
Veteran’s File Number: XXXXXX

Statement:

I am submitting this statement on behalf of my friend and fellow service member, John Doe, who I served with in the U.S. Army from 2003 to 2007. I was present when John injured his knee during a field exercise in Afghanistan in 2005. We were conducting a training exercise involving the transport of heavy equipment, and I specifically recall John tripping and falling while carrying gear. He immediately expressed that his right knee was in pain but did not want to halt the exercise since we were on a tight schedule.

After the exercise, John mentioned to me several times that his knee continued to hurt, especially during physical training. Even though he tried to push through the pain, I saw him limping frequently and heard him complain about the knee injury whenever we had to march or carry equipment. Over the next few years, I saw John struggle with knee pain both during and after service. We stayed in contact after leaving the military, and I know he continues to experience pain and discomfort today.

John has told me that his civilian doctors diagnosed him with arthritis, and I believe this condition is a direct result of the injury he sustained during our deployment. I fully support John’s claim for service connection, as I personally witnessed the injury and have seen how it has affected him over time.

Signature: Jane Smith
Date: 09/30/2024

Other Key Considerations for Submitting Lay Evidence

Here are a few other key considerations for submitting lay evidence to the VA:

• Credibility and Consistency: For lay evidence to be persuasive, it must be credible and consistent with the veteran’s service records and the nature of their disability. If there are contradictions between medical evidence and lay testimony, the VA may question the credibility of the evidence.

• Details are Key: The more specific and detailed the lay statement, the more weight it holds. Vague or overly generalized statements are less likely to sway a decision in your favor. Be sure to describe the “who, what, when, where, and how” of your condition.

• The VA’s Duty to Assist Veterans: Remember, the VA has a duty to assist under 38 U.S.C. § 5103A. This means they are required to consider all relevant evidence, including lay evidence, when evaluating your claim. M21-1, Part V, Subpart ii, Chapter 1, Section B – Reviewing Testimony and Lay Evidence further emphasizes that credible lay evidence can be used to support elements of a claim like onset, diagnosis, and nexus when corroborated by other evidence.

Do I Need to Submit Lay Statements for VA Claims?

No, lay statements are not required for VA claims, but they can significantly strengthen your case, especially when medical records are incomplete or missing.

Lay evidence includes written statements from you, fellow service members, family members, or friends who can provide firsthand accounts of your condition and how it affects your daily life.

These statements offer valuable insight into the symptoms and impact of your disability from a personal perspective, which is crucial when your medical documentation alone doesn’t paint the full picture.

In cases where medical records don’t fully document the onset or severity of a condition, lay statements can be key in filling those gaps, helping to establish a connection between your disability and your military service.

The VA accepts these statements as valid evidence, and they are especially useful in claims where service records are lost or when a condition wasn’t formally diagnosed during service.

For example, if you’re claiming service connection for PTSD but don’t have a clear in-service diagnosis, a “buddy statement” from a fellow service member who witnessed the traumatic event could support your case.

Similarly, if you’re claiming a condition that worsened post-service, statements from family or friends describing how your condition has impacted you over time can help.

In short, while not mandatory, lay statements can enhance the likelihood of a favorable decision in your VA disability claim.

They are especially helpful in cases with missing or insufficient medical documentation.

Should I Submit Lay Evidence with My VA Disability Claim?

The short answer: Absolutely!

Submitting lay evidence with your VA disability claim is a strategic move, particularly when medical evidence is lacking or incomplete.

Lay statements, also called Buddy Letters, are especially useful in cases where your service records were lost or destroyed, or when a condition wasn’t adequately documented during service.

For example, conditions like PTSD, chronic pain, or sleep disturbances may not have a clear-cut medical paper trail, but they can still be supported by strong lay evidence.

Furthermore, lay evidence is particularly valuable for proving continuity of symptoms.

Under 38 CFR § 3.303(b), continuity of symptomatology can help establish service connection, particularly when dealing with chronic conditions.

If you experienced symptoms during service, but they were not properly documented at the time, continuous lay evidence from your personal accounts or those around you can fill that gap.

Conclusion & Wrap-Up: Lay Evidence Can Help Your VA Claim Get Approved

Lay evidence plays a crucial role in the VA disability claims process, especially when it complements medical records and addresses gaps in documentation.

By providing detailed, consistent, and credible statements from yourself and those who know you best, you greatly increase your chances of a successful outcome.

Whether your condition was never documented during service, or you need to demonstrate how your disability impacts your life today, don’t underestimate the power of lay evidence.

It’s an often overlooked but highly effective tool in building a comprehensive, winning VA disability claim.

Need help navigating the maze of VA claims?

Contact our team of VA claim experts—we’ve got your six!

Fellow Veterans: Want to Talk to a VA Claim Expert?

• VA Claims Insider is the #1 most trusted name in VA disability claims.

• Work directly with a VA claims coach who can help lead you to VA claim victory.

• 25,000+ disabled veterans served in our membership programs since 2016.

• 30% average rating increase for veterans who complete our #1 rated Elite program.

• 4.7/5.0 average rating out of 5,500+ total reviews; over 4,500 5-star reviews.

About the Author

• Facebook
• Twitter
• LinkedIn

Brian Reese

Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.

A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.

Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.