Not Sure What To Do

[harry59]

Hello everyone,

I have a question on whether I should submit, or even mention, certain paperwork for my claim.

I have recently been awarded Social Security Disability (SSDI) based on my service-connected back condition. As I'm pretty sure that would help me with my VA TDIU claim, there were things the two examining doctors put in their reports that are incorrect and could go against me with my other secondary claims. Therein lies the issue.

For example; Social Security (SS) sent me to a doctor to examine my back, and a psychologist for depression and PTSD. The psychologist may have spent 30 minutes with me and put in his report to SS that I had a "mild" mood disorder due to chronic pain and that my mental health condition is "fair." This is something that my wife and daughter strongly disagrees with since they have to put up with me every day. The therapist I talk to every week diagnosed me with major depression and PTSD.

MY QUESTION: Since I will be claiming depression and PTSD as secondary claims, should I even submit this psychologists report to the VA? Should I even mention this in my veterans statement? Will the VA have access to my SS file whether I mention it or not? Or if there is a chance the VA will find this report in their search, should I be proactive and rebuke the information in my veteran statement?

The report from the doctor that examined my back was full of misinformation. He stated I began having mild back pain in 1975 to 1980. When in fact my back pain started in the mid-1980s while in the military. This is well-documented. He also stated that I have had hypertension for approximately 3 to 4 years and is usually well controlled on medication. I have had hypertension documented for 20 years, and it is NOT well controlled on medication. It often spikes. In fact, my blood pressure at his office visit, documented in his report, was 170/88. This doctor also stated in his report that I have had sleep apnea 5 years, when in fact I have had sleep apnea documented for 18 years. I'm not sure where he got his information, but it certainly didn't come from me.

SECOND QUESTION: Even though his report on my back obviously helped me get SS disability, will it hinder me on my hypertension and sleep apnea secondary VA claims? My medical records can definitely back up the dates when these issues started, but am just wondering if I should submit his report and even mention my SSDI approval in my veteran's statement for my TDIU claim?

I know this was a little long and I appreciate anybody that took the time to read it. I'm not sure how to proceed and I really appreciate any replies.

Thank you!
 

[brokensoldier244th]

M21-1 IV.ii.2.i  (right now- they are re-organizing the onine resources for M21 on both sides, public and internal, so everything is in flux right now). I apologize for the formatting, parts of this are in chart form in the actual document so it doesn't always copy/paste well. This is from the 2015 revision, but this is still current. 

 

gh. Veteran’s
Responsibility
to Specify a
Disability or
Disabilities That
Cause
Unemployability

VA will no longer presume a claim for IU is a claim for increase in all SC
disabilities. As part of a substantially complete application for IU, VA will
require that the claimant with multiple SC disabilities specify at least one
disability that he or she believes causes the unemployability.
Use the table below to determine the appropriate action to take based on
whether or not the Veteran specifies a disability as the cause of his or her
unemployability.
If the Veteran only has one SC disability, VA will presume that disability to
be the cause of the Veteran’s unemployability and treat the IU claim as a
claim for increase for that disability.
If the Veteran ... Then ...
only has one SC disability  presume that disability to be the cause
of the Veteran’s unemployability, and
 treat the IU claim as a claim for
increase for that disability.

 has multiple SC disabilities, but does not identify which SC
disability(ies) cause(s)
unemployability

contact the Veteran by telephone to
gather that information.
Note: Make reasonable efforts to
contact the Veteran by phone. If
unsuccessful, send the Veteran a letter
requesting that he/she identify which SC
disability(ies) are believed to result in
unemployability.

 has multiple SC disabilities, and
 identifies one or more as the
cause of unemployability

treat the IU claim as a claim for increase
for specified disability(ies)

hi. When to
Obtain SSA
Reports in IU
Claims

Obtain and consider complete copies of the Social Security Administration
(SSA) decision (awards and denials) and any supporting medical records
when
 evidence of record is insufficient to award IU, and
 the Veteran’s claims folder shows that the Veteran has been examined or
awarded disability benefits by SSA.
Notes:
 Although decisions by SSA regarding a Veteran’s unemployability are not
controlling for VA determinations, SSA’s record may indicate the level of
impairment of the Veteran’s SC disability.

 When reviewing SSA records, pay close attention to what disability resulted
in an award of SSA benefits, and whether that disability is one for which
service connection SC has been awarded.
 Regional offices (ROs) are not required to request SSA records when a
Veteran fails to return the VA Form 21-8940.
References: For more information on
 requesting information from SSA, see M21-1, Part III, Subpart iii, 3.A, and
 the effect of SSA decisions regarding unemployability on VA
determinations, see Murincsak v. Derwinski, 2 Vet.App. 363 (1992).

 

Edited August 21, 2021 by brokensoldier244th

[brokensoldier244th]

TDIU requires us to pull all federal data available, that includes SSDI. You can send the letter/whatever, but we'll poll the SSA and pull the entire file anyway, all images, medical reports, statements, etc, as part of the TDIU claim. SSA digitizes everything, so we get it in a giant zip (zips, sometimes) file. The doctor wouldn't have had access to SSA records- it doesn't work in both directions unless you signed a release or told him, or it was mentioned in passing in some other records that you provided. But, again, that stuff will all end up as part of the TDIU claim anyway. Its one of the first things I poll because pulling some federal records right now (for the last year +) if its not directly 'owned' by VBA/VHA has taken sometimes weeks, months- including service treatment records and personnel files from NPRC. 

Edited August 21, 2021 by brokensoldier244th

[harry59]

Wasn't aware of that. Thank you for the information.

[john999]

If SSDI says you are disabled then you are totally disabled.  I don't think that will hurt a TDIU claim.  If you are IU for the same condition as the SSDI award then I think that will help you.  You might even be able to use the SSDI award date for you EED for TDIU.  I used my SSDI award and a hospitalization I had to get an EED.  Since you got SSDI for your back then that is what I would claim for TDIU.  You can pursue all the other claims as well, but you want to claim your most serious condition for IU.  

[harry59]

Thank you for the info. The SSA did label my back condition as "severe" and said it is unlikely my condition would ever improve. So they disabled me on that, which is my main VA disability. 

[brokensoldier244th]

Well, if that's what they disabled you on, then you should be fine. SSA is anything but generous, as everyone knows, so if they said that's the condition then it's definitely not going to get any better, unfortunately.

Im rated for my lower spine/discs, and radiculopathy, among other things, and it sucks to have to contemplate every movement in the terms of 'opportunity cost', i.e., if I go help my friend with a partial leg by mowing their lawn is the 2 days Ill feel it afterwards going to impede my ability to get out of bed, pick up my daughter from school, or hobble down the stairs into the basement for work.