While the RO does not have the same reasons or bases requirement as the Board, it must still consider material lay evidence. When a claim gets to the Board, the Board must “account for the evidence which it finds to be persuasive or unpersuasive, analyze the credibility and probative value of all material evidence submitted by and on behalf of a claimant, and provide the reasons for its rejection of any such evidence.” Caluza v. VA Form 21-10210 can be used by friends, family members, coworkers, fellow servicemembers, or other witnesses who want to submit a statement on the veterans. “Lay evidence must be considered by the VA. When I submit lay evidence I include this language with the memo. While the VA is supposed to review all evidence in the claims file, it never hurts to highlight evidence that you want the VA to give particularly close attention. Statements may be taken at the scene immediately following an incident or at a later time or place, for example, at a police station, the witness’s home or another location. When a Veteran submits a claim, the Veteran should mention the lay evidence of record that supports the claim. Police officers are required to produce a statement from an interview conducted with a witness. That is why Veterans should bring highly probative lay evidence to the VA’s attention, and demand that the RO and Board give such evidence, the consideration it is entitled. Please use your own story in your statement in support of claim. ![]() Copying or using the examples for lay witness statement is immoral and unethical. VA lay statement examples are provided in this article for guidance. ![]() ![]() Unfortunately, the VA, both at the RO and the Board, often does not give lay evidence sufficient consideration. 1) Introduction Example Lay Statement for Tinnitus. VA Form 21-10210, Lay Witness Statement, could be used to: Describe and detail the service-related event that caused a Veteran’s injuries or disability. Good lay evidence can create a foundation for a favorable medical opinion. While most claims will require medical evidence if the claim is going to ultimately be granted, developing lay evidence is a very important, and underrated, part of a successful claim.
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