Importance of Lay Statements

Caller: I was calling because Dr. Bash and I wanted to let the listeners know how important lay statements are to their whole claim package. Right, Dr. Bash?

Dr. Bash: That’s right, that’s right. Gail does some lay letter coaching and looks at the Nexus and the DBQs to weave them together.

Gail: Correct. It’s almost like a bridge. When you do a Nexus and DBQs, your lay statements are equally important. You need to discuss all the disabilities in your lay statement that you’re discussing in your Nexus. Start with what happened to you, the event or injury, what happened right after, and discuss what’s happening in your life right now. Talk about specific situations you can no longer do due to your injury.

Dr. Bash: How much time do you spend on a lay letter analysis on average?

Gail: Depending on how many different disabilities we’re talking about, sometimes you can group them together. Each letter might take an hour or two with the interview discussing and talking about the things you can’t do anymore. One letter sometimes can take three to four hours.

Dr. Bash: Gail’s doing a great service because that’s a lot of time that I might not be able to put in, and Bill can’t put in four hours per patient just for the lay letter part of it. Bill, you know about the laws, right?

Bill: Yes, and historically, the success Dr. Bash has had is often predicated on his ability to listen to the veteran and consider their history of symptoms. We’ve seen Dr. Bash win many cases by disagreeing with the VA examiner and pointing out that the VA examiner failed to discuss that lay history, which is crucial.

Gail: When I am talking to the veteran and trying to pull out some of that information, it becomes clearer to them. They may not realize that things like not being able to hold a full-time job due to PTSD or not being able to play with their kids due to back pain are significant. These are disabling symptoms that need to be part of your disability claim.

Dr. Bash: All listeners should know that if they talk to Alice, Skip, myself, Gail, Bill, or Megan, feel free to tell us what your problems are so we can understand your situation better.

Bill: The law does not require a history of treatment and diagnosis. It requires a consideration of the history of symptoms, not diagnosis or treatment. This is particularly important for conditions like multiple sclerosis, where patients might not understand the symptoms they are experiencing.

Legal Framework

Dr. Bash: Bill, can you talk about the laws regarding lay statements?

Bill: The court has consistently set aside denials by the BVA with instructions to consider lay evidence. The manual M21, which serves as the guidebook for all VA employees, instructs that the sworn statement of a veteran should be accepted as factual unless there’s evidence to the contrary. It doesn’t necessarily need to be notarized, but it must contain an affirmation stating it is true and correct to the best of the veteran’s knowledge and belief.

Dr. Bash: If a veteran provides a sworn statement that they set foot in Vietnam, it is considered evidence unless there’s a reason to disagree.

Bill: Exactly. The court has ruled that you cannot use the absence of documentation as proof of the negative. Lay evidence is sufficient to prove a person’s whereabouts and experiences.

Comprehensive Claims

Gail: When Dr. Bash gives his opinion on each disability, he refers to the lay statements in his Nexus. This makes it a complete claim package, including DBQs, Nexus, lay statements, and any medical evidence.

Bill: It’s important to develop the lay statement because many veterans wouldn’t even know where to begin. The conversation starts with understanding their life and symptoms. This helps us get an accurate recollection of their history of symptoms.

Gail: I noticed that many veterans are embarrassed to talk about their symptoms. Starting with a normal conversation helps them feel comfortable. This is especially important for veterans with PTSD or multiple sclerosis.

Dr. Bash: Patients with TBI and PTSD have a hard time organizing their thoughts, so it’s crucial to ask probing questions to help them remember important details.

Bill: Veterans with urinary and bowel dysfunctions are often hesitant to talk about these issues. It’s important to ask the right questions to help them get the compensation they deserve.

Dr. Bash: We’re building a team to make it easier for veterans to get their story out. The VA has restricted the Raiders’ ability to get testing, so we’re trying to provide what the VA needs to rate the patient correctly.

Bill: It’s easier to get someone to agree with you upfront by providing all the necessary information than to change their mind later. Load everything upfront to make it easy for them to agree.

Conclusion

Dr. Bash: Thank you all for listening. If you need to contact me, call Skip at 925-381-7561 or Google “Dr. Bash Veterans Medical Opinion.”

Bill: Remember, it’s important to provide a complete claim package to avoid delays and denials. Thank you for tuning in, and we hope this information helps you with your claims.