When applying for VA disability benefits, veterans must prove their military service caused or aggravated their medical condition. To do this, veterans often need to provide additional context and details beyond what is included on the basic application.
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That’s one place where VA form 21-4138 comes in. A Statement in Support of Claim form is simple to complete and can help veterans strengthen their case for a variety of VA benefits by providing additional information and context. We explain more below.
In this article about VA form 21-4138:
What is VA form 21-4138?
VA form 21-4138 is just one of many forms veterans may use when seeking VA benefits. Its function is to support and expand on the basic information a veteran provides in an application for benefits.
Veterans can use form 21-4138 to submit a formal statement in support of their VA claim for disability, health care, pension, housing assistance, education benefits, life insurance, or career and employment assistance. In this article, we will focus on using form 21-4138 for a VA disability compensation claim. When applying for VA disability compensation, this statement can provide additional context about when a health condition began, how it has progressed, and more.
VA form 21-4138 vs. VA form 21-10210
You may be wondering what the difference is between VA form 21-4138, Statement in Support of Claim, and VA form 21-10210, Lay/Witness Statement.
According to the directions for each form, 21-4138 is intended to be used by the claimant to support their own benefits claim. VA form 21-10210 has instructions stating it can be used to support your own claim, but also to support someone else’s claim, and this is how it is most commonly used. Friends, family members, buddies from service, or coworkers can use form 21-10210.
Additionally, form 21-4138 can be used only for the seven specific claim types listed above, while form 21-10210 can be used in relation to any claim with the VBA.
How to fill out VA form 21-4138
VA form 21-4138 is one of the shorter forms to fill out as part of the process of seeking VA disability benefits. It has three main sections:
- Identification Information – This section asks for basic details like the veteran’s name and contact information.
- Remarks – This is the main part of the form where veterans can explain their condition in their own words.
- Declaration of Intent – The final section requires the veteran’s signature and date to complete the form. The veteran’s signature certifies the statements on the form are true and correct to the best of the veteran’s knowledge and belief.
But just because form 21-4138 is short, doesn’t mean it’s necessarily simple. Knowing what remarks to add may feel daunting.
As previously mentioned, it can be helpful to include when and how your condition came about. You might also want to include additional details about symptoms and how your health condition affects your daily life. Are you able to enjoy the things you once did? Has working become difficult or impossible? Have others commented on changes to your health and behavior? How else has life changed since you developed your disability? Form 21-4138 gives you a chance to address these concerns and build your case.
VA form 21-4138 can be found and downloaded on the VA’s website.
Other types of evidence for your claim
Veterans applying for VA disability can benefit from providing strong evidence. Submitting VA form 21-4138 is one way to support your claim, but it is just one piece of the larger puzzle when it comes to evidence. Medical records, military records, lay statements, and C&P exam results can all help paint a full picture for the VA about the severity of your condition and its connection to military service.
Health and service records
Military records can help support your claim by proving when and where you served. Medical records from sick bay visits in service or from visits to the VA after discharge can also help show an incident or exposure occurred, and how it impacted your health in the short and long term.
Similar to your health records from the VA, any records from your private physician about your health condition can be used to support a VA claim. You can even talk to your doctor about writing you a nexus letter.
Lay statements
A lay statement is testimony from someone who knows about the veteran’s condition and can speak generally on its impact, but who is not a health professional. As previously mentioned, friends, family, neighbors, coworkers, former bosses, and fellow service members can all use VA form 21-10210 to submit lay statements describing the veteran’s health changes and how their disabilities affect their daily life.
For example, if you served with a buddy in the Marines and he witnessed firsthand what you were like before developing PTSD and how you’ve changed in the years since its onset, you might ask him to write a lay statement to help explain the condition’s impact to the VA.
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C&P exam
One key piece of evidence in VA disability claims is a compensation and pension (C&P) exam, which the VA uses to assess a veteran’s condition. A C&P exam is a medical evaluation conducted by a healthcare professional to determine the severity of the veteran’s disability and the appropriate VA rating. The examiner may also provide an opinion on whether the condition is service connected. The results of this exam play a significant role in a veteran’s claim.
C&P exams are rarely optional, and results will automatically be applied to the claim for which the exam was requested. This means you will not be tasked with gathering this information to submit to the VA, but you must attend the scheduled appointment. Preparing for your exam by taking notes on your condition and being completely honest about its effects are two ways to ensure your exam properly supports your claim.
Preparing for and attending your C&P exam, gathering evidence and lay statements from loved ones, and filling out supporting forms like 21-4138 can all help a veteran build a strong claim for VA disability benefits.
How Woods & Woods can help
Woods & Woods has been fighting for people with injuries and disabilities since 1985. Our team of accredited VA disability lawyers, case managers, legal analysts, and intake specialists know the ins and outs of the VA so you don’t have to do all the hard work. Call us today for your free and confidential case evaluation.
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FREQUENTLY ASKED QUESTIONS
Veterans use VA form 21-4138 to submit a formal statement in support of their claim. This form allows veterans to provide additional details about their claim in their own words. These details may include how a condition started and progressed, and why it should be considered service-connected.
VA form 21-4138 is not required for a VA disability claim, but it can be helpful. Veterans can use it to provide personal statements supporting their claims, but it is also useful to submit other evidence like medical records and buddy statements.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
