How Lay Opinion Letters Can Develop a VA Disability Claim
Lay opinion letters are statements from non-experts who have useful evidence for a VA disability claim. They are usually written by friends, family, or co-workers who have first-hand observations of the servicemember who filed for disability benefits. Lay opinion letters are often critical in a VA disability case. Anyone seeking benefits must connect their disability to their service while also proving the extent of their impairments. Well-written, relevant lay letters are critical for claim development, as we explain below.
The VA Must Consider Lay Evidence
38 U.S.C. § 1154(a) requires that the VA consider all pertinent evidence with a claim, including lay evidence. You might think these cases are decided based solely on a doctor’s opinion, but that’s not the case.
A doctor sees a servicemember only at their appointment. A doctor has no idea how your injuries impact you at home or at work. But family and friends see servicemembers every day. They have critical evidence that helps the VA understand how your disability impacts your daily life. For this reason, federal law requires that the VA consider this evidence.
There is an important limitation, however. Lay evidence (like all evidence) must be pertinent. A letter informing the VA that you are an honest person will not help the VA decide if you are disabled enough to qualify for benefits, so it isn’t relevant.
Lay letters also must be based on observation. A letter from a cousin in a different state is probably not useful.
How We Use Lay Opinion Letters
These letters often help establish critical facts related to a disability case, including:
- When you first experienced symptoms. Friends and family can help the VA understand when your symptoms first manifested. For example, your wife might have noticed symptoms while you were still on duty.
- Whether symptoms have worsened. A lay opinion can also establish that symptoms continued unabated from the end of service to the present and whether they have worsened.
- Functional impact of your disability. Family can see how your limitations have impacted your ability to take care of yourself, such as bathing and getting dressed. A co-worker or boss can also offer a lay opinion regarding how your disability impacts you on the job. This is powerful evidence that can establish your inability to keep up with the demands of the job due to your impairments.
Work closely with an attorney when asking people to draft a lay opinion letter. Some people lack confidence expressing themselves in words, but we can help them clarify their thinking.
Although very helpful, lay opinions cannot replace medical testimony. For example, your spouse cannot diagnose you with a complicated medical condition. We usually rely on expert witnesses to establish a nexus between service and your disability.
Speak with a Jacksonville Other Claim Development Lawyer Today
Anyone filing a VA claim should contact Empowerment Legal, PLLC, for assistance. We know how to build a claim the right way, and we are eager to listen to your story. Call us to schedule an appointment with our Jacksonville other claim development lawyer.
Source:
law.cornell.edu/uscode/text/38/1154