Part V, Subpart ii, Chapter 1, Section BReviewing Testimony and Lay Evidence

Revised 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.

2Lay Evidence

This topic contains information about lay evidence, including

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

Revised 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.