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Evidence to Submit?
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harry59
Hello all,
It has been many years since I have gone through the VA claims process, so I have no doubt a lot has changed. I am in the process of submitting claims for my secondary conditions. In my Veteran Statements I am writing, I am referencing certain U.S. Court of Appeals Decisions (like Walsh v. Wilkie) and certain VA Citation Numbers (like Citation Nr: 1340261) that pertain to my secondary claims.
My question is...should I have my VSO upload and submit the Court Decisions and Citation Numbers as evidence in my file? Or is it sufficient enough just to reference them in my statement, but not necessary to upload them to my file at this point? I asked my VSO this question and he said I would only need to submit them if my claims go to the VBA. I'm just looking for a second opinion from someone that has recently been through the process and want to make sure that I do things right the first time.
To give you a better picture of what I'm talking about, the paragraph below is from my Veteran Statement. It reads:
"It is my contention that my service-connected disabilities, in particular those affecting my musculoskeletal system, have greatly impacted my ability to exercise, which has caused, or aggravated, my weight gain/obesity, which in turn has caused my Obstructive Sleep Apnea (OSA). My obesity, caused by my inability to effectively exercise or engage in any physical activity, is the intermediate step (the bridge), that connects my secondary condition (my OSA) to my service-connected musculoskeletal disabilities, as stated in the Walsh v. Wilkie decision from the U.S. Court of Appeals on Feb 24, 2020, and VA Citation Nr: 1340261. I also reference VA Citation Numbers 1426481, 1435836, 1447259, and 1536140 that show prior VA decisions linking OSA to a lower back condition (through weight gain). This should satisfy the requirement under 38 CFR 3.310(a) for service connection for Sleep Apnea on a secondary basis. I have also attached to my claim, credible sources that directly link OSA to weight gain/obesity."
Thank you for your time, and to all that reply!
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