A lay statement is a written account from a person who has seen the veteran's daily life and can describe it in their own words. VA's form for it is Form 21-10210, the Lay/Witness Statement.[1] It does not replace medical records. It adds the picture the records may leave out, and that picture counts only if the person who signs it actually saw what it describes.

Local option: New Plan Care gives families in the St. Louis area in-home help so a parent can stay home: companionship, help with bathing and dressing, meals, and overnight care. Call (314) 405-0887.

The choice in front of the family

The family can write the statement itself, pay someone to draft it, or have a neighbor or friend write it with help from a service officer. The do-it-yourself route gives the most control. The hired route can look faster on paper, but it carries a risk that matters more than speed: the sentences end up belonging to the drafter, not the witness.

What to check in any draft

  • Does every sentence describe something the witness personally saw, heard, or did?
  • Are the dates the witness's own memory, or assumed dates copied from a calendar?
  • Would the witness recognize every line as their own words if asked about it?
  • Does the statement claim medical knowledge the witness does not have? If it does, cut that line or leave it to the doctor's file.

What a hired drafter must not do

Do not ask a paid drafter to add details the witness did not see, and do not let anyone sign for the witness. A paid caregiver may sign a statement about what they observed, but the statement will be read in light of that working relationship, so keep it factual and plain. Overstatement is the fastest way to make a statement easy to set aside.

A plain way to do it

Have the witness write in their own words, by hand or at a keyboard, for as long as it takes to describe the days they actually saw. Keep a copy. Then ask an accredited veteran service officer to read it before it goes in, since those officers help veterans and families without charging a fee. The officer can tell you whether a line is clear, but every fact still has to come from the witness. The Local Help page lists the St. Louis offices.

Footnote: [1] VA.gov, Lay/Witness Statement form and instructions on supporting evidence.