You’ll need medical evidence to win your VA claim, but you can strengthen your claim further with lay evidence, including a personal statement. A personal statement gives VA reviewers an insider’s view of your health condition. If there are gaps in your medical record in relation to your health condition, it can help fill in those gaps. A personal statement can also show how your condition affects your quality of life.
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Do Your Research: 38 CFR
The Code of Federal Regulations (CFR) is a set of rules published by the U.S. government. It is organized into 50 titles. Title 38 of the CFR includes the schedule for rating veterans’ disabilities. It discusses different health conditions and the criteria for rating them at different percentages.
The 38 CFR is available online for everyone to see, and it should be your bible because it’s the VA’s bible for issuing your VA rating. Start by googling your condition (ex: “hiatal hernia 38 CFR”). This will lead you to the criteria the VA will use to rate your condition.
Pro Tip: Watch for “or,” “such as,” and “and.”
Too often, veterans look at the primary symptoms of their health condition in the 38 CFR and assume they don’t qualify for a rating. But if you don’t qualify for the first symptoms listed, move to what comes AFTER the “or,” “such as,” or “and.”
For example, take this 38 CFR criteria for a 60% rating for a hiatal hernia:
“Hiatal hernia with pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health rate at 60%.”
If nothing that comes to the left of the “;or” describes you, move to the right of the “;or” and only worry about this segment: “other symptom combinations productive of severe impairment of health rate at 60%.”
When you can look at the CFR criteria in chunks or sections that apply to your condition, you can see a broader path for qualifying for an increased VA rating.
Pro Tip: Internalize
Once you’ve identified a phrase that may apply to you, internalize what it means in your life: “…other symptom combinations productive of severe impairment of health rate at 60%.”
Don’t be afraid to think out of the box. For example, in relation to the phrase above, you might ask: how does my hernia impair me? Does it make me afraid to eat in public, causing me to be more reclusive? Does it cause abdominal or chest pain that makes it hard to sleep? Is it so difficult to eat that I am developing anxiety surrounding eating?
These health issues (mental and physical) may not be explicitly named in the CFR, but they fall under the umbrella of “impairment.”
Write Your Statement
Your statement doesn’t have to be long—just a few paragraphs will do. Here are some guidelines:
- Name the VA disability that you are claiming.
- Describe when you first experienced your symptoms. (If you can’t remember the exact date, just state the general time frame.)
- Share details about the incident, accident, or illness that contributed to your condition.
- Describe what medical treatment you are getting for your condition.
- Describe how your condition affects your personal and professional lives.
Pro Tip: Appeal to the VA Reviewer
Remember that a human is reading this letter, not a machine. Don’t write anything that would irritate or anger them:
- Avoid badmouthing the VA or VA processes.
- Avoid bragging about your accomplishments or achievements (unless they are relevant to the claim).
- Avoid a “wo is me” pity party.
- Avoid speculative medical claims or self-diagnoses.
- Avoid slang, offensive language, or inappropriate details.
Pro Tip: Keep It Short
If this is your first time being vulnerable, you may find yourself writing a multi-page trauma dump of a statement. But remember that VA reviewers are swamped with claims. Save the extensive details for your diary; the VA only needs the most relevant details. Only include statements that are needed to advance your case. If they don’t help with that, delete them.
Break your statement up with spaces between paragraphs so it’s more approachable and easy to read than a wall of text.
Sample Personal Letter:
During my service in the Air Force from 1995 to 2000, I worked as a loadmaster loading cargo planes. During that time, I began developing digestive problems. These problems led to my being diagnosed with a hiatal hernia, which has significantly affected my physical and mental well-being.
I experience pain in my chest that keeps me from sleeping well and causes me to feel irritable. This negatively affects my relationships with my family and co-workers. I have also developed feelings of anxiety around eating because meals cause me so much discomfort. Because it is so difficult for me to eat without pain, I find myself avoiding social gatherings that involve food, which has caused me to feel isolated.
I have actively sought help for my hernia, but in spite of medications and [medical treatments], my hernia continues to damage my physical and emotional health in significant ways.
How to Submit Your Personal Statement
Visit the VA website to submit your personal statement using VA Form 21-4138.1The form will ask for basic information (name, social security number, address, phone number, etc.) Make sure to provide all the requested information, or your claim could be delayed.
Need Help Getting Started?
VA Claims Academy creates a clear path to an increased VA disability rating by providing guidance and plug-and-play resources to submit a winning claim. This includes a template for a winning personal letter. Why reinvent the wheel when you can access resources with proven track records?
1https://www.va.gov/find-forms/about-form-21-4138/