CAVC Decision July 3, 2007

Jandreau

Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007)

Lay Evidence Competency

Summary

This case significantly expanded the role of lay (non-expert) evidence in VA claims. The Federal Circuit held that lay persons are competent to testify about symptoms and conditions that are within their personal knowledge and observable by a layperson. While lay persons generally cannot provide medical diagnoses, they can describe symptoms and their observations, which may support a claim.

Key Points

  • Lay persons can testify about observable symptoms
  • Lay evidence is competent for conditions observable by laypersons
  • Examples: pain, hearing ringing (tinnitus), visible injuries, limitation of motion
  • Lay persons generally cannot provide complex medical diagnoses
  • But they CAN describe what they experience and observe
  • VA must consider lay evidence and explain if rejecting it

When This Applies

This case supports using your own statements and buddy statements as evidence. You can describe your symptoms, when they started, and how they affect you. While you can't diagnose yourself with a complex condition, you CAN say 'my ears have been ringing since basic training' or 'I've had back pain since carrying heavy equipment.'

Related Conditions

Tinnitus Hearing Loss Musculoskeletal conditions