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harry59

Question

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!
 

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