M21-1 Manual / Part V, Subpart ii, Chapter 1, Section B

Reviewing Testimony and Lay Evidence

M21-1, Part V, Subpart ii, Chapter 1, Section B

Overview

In This Section

This section contains the following topics:

Topic	Topic Name
1	Reviewing Testimony
2	Lay Evidence

1. Reviewing Testimony

Introduction

This topic contains information on reviewing testimony, including

using testimony as proper evidence, and
handling unsworn or uncertified testimony.

Change Date

October 26, 2018

V.ii.1.B.1.a. Using Testimony as Proper Evidence

To be admitted as proper evidence, certain types of testimony must be sworn under oath or properly certified. Examples: Evidence from court proceedings, depositions, and so on.

V.ii.1.B.1.b. Handling Unsworn or Uncertified Testimony

Make an exact copy of unsworn or uncertified testimony and return the original copy for notarization or certification to the

claimant
representative, or
person testifying.

Note: Return unsworn or uncertified testimony only if the rating activity (or a Decision Review Officer) considers the evidence material to a favorable determination of a claim. Reference: For more information on certifying testimony, see M21-1, Part III, Subpart i, 2.D.3.

2. Lay Evidence

Introduction

This topic contains information about lay evidence, including

acceptable lay evidence
when to use lay evidence, and
descriptions of symptoms as evidence.

Change Date

February 19, 2019

V.ii.1.B.2.a. Acceptable Lay Evidence

Lay evidence is acceptable for the purpose of establishing service incurrence or aggravation, in the absence of service treatment records (STRs), for a combat Veteran or former prisoner of war (FPOW), if the evidence

is satisfactory
is consistent with the circumstances, conditions, or hardships of combat or FPOW internment, and
can prevail in spite of the absence of official records showing incurrence or aggravation of the disease or injury during service.

Important: Medical evidence of a link to a current condition is still needed to establish service connection. A non-combat Veteran’s lay statements may be acceptable for establishing service incurrence or aggravation but must be weighed against other evidence in the claims folder including the absence of military records documenting or supporting the statements. References: For more information on
considering evidence for combat-related disabilities, see M21-1, Part V, Subpart ii, 2.A
considering lay evidence, see 38 U.S.C. 1154(a)
a non-combat Veteran’s statements, see Bardwell v. Shinseki, 24 Vet.App. 36 (2010), and
evaluating STRs, see M21-1, Part V, Subpart ii, 1.A.3.i.

V.ii.1.B.2.b. When to Use Lay Evidence

Lay evidence is generally afforded probative value if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person. The value accorded to other types of lay evidence depends on such factors as

the accuracy or clarity of the individual’s memory
direct personal knowledge or experience
recency of the event, and
the competence of the reporting person.

A medically-untrained individual is not usually competent to offer a medical opinion regarding the etiology of disorders and such an opinion is generally assigned little probative weight. References: For more information on

using lay evidence to support a claim, see Espiritu v. Derwinski, 2 Vet.App. 492 (1992), and
definition of lay evidence, see 38 CFR 3.159(a)(2).

V.ii.1.B.2.c. Descriptions of Symptoms as Evidence

A claimant’s own statement, covering in sufficient detail a condition that is within the claimant's ability to describe, such as their own symptoms, may to that extent constitute evidence. Rationale: While such statements have self-serving aspects, the claimant is often the most qualified source to describe the circumstances of the disabling effects of the disease or injury.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part V, Subpart ii, Chapter 1, Section B (U.S. government work, reproduced for reference). Browse all sections →