• Topics

  • Member Statistics

    • Total Members
    • Most Online

    Newest Member
  • Forum Statistics

    • Total Topics
    • Total Posts
  • Posts

    • Well I just wanted to give an update of what has since happened with my NOD/ APPEAL claim. I got a call from the Office of the VA Secretary yesterday in reference to the email i sent them about my claim status. Well I am not surprised (you may not be either if you know my story) to report that they told me that my NOD was either invalid or expired. Ha Ha Ha....They tried it. I have yet to receive the official letter in the mail as they just closed this out yesterday as that being the explanation. They stated that it was expired because my claim was fully developed and there was no decrease in my ratings for my claim that was filed in December 2012 for the PTSD and Back pain. I was never disputing  the December 2012 claim I filed the NOD and TDIU for the claim that was closed out in June 2014 for increase in the PTSD and back pain in which they denied those claims for increase. They also stated something along the lines of that they believed i only filed and was concerned with the IU (which is true). However they cancelled the IU claim because of the open appeal. Well this all seems like a big cluster fart. I am not fretting and I have gotten my C -file ordered. My VSO , Texas Veterans Commission, believes that I should win my TDIU claim based on my file (We spent 2 hours going over the codes and evidence that is in my C-file line by line) my whole case being  as he put it " really complicated" . At this point all i really care about is getting the IU approved and having it back dated to at least the date that I filed the original one in August 2012. The VSO said that they will represent me if I choose to file a CUE and that they have been pretty successful in the past. I guess at this point I am just waiting to hear back from the VA Secretary's Office to see where we go from here. I have all of my documentation ready and now I wait. I was going to send in the quick claim but I dont want them to not get my full SSA record before making the decision. I also dont know if its better to get an attorney or let TVC handle it.
    • I recently read in a current VA Best Practices C & P Examiners (VA Dr, Contract DR or Outsourced Exam) TL (Training Letter), that a copy of the completed C & P DBQ was to be provided to the Vet at the time of the Exam, if requested. Your situation, being after the Outsourced Exam will probably, as you've found out, be more difficult. Have you contacted the Outsource Agency and requested a copy of your C & P DBQ? Just because it's been "Uploaded to the VA," a copy exists in their records and should be available to you, upon an in person or written request. Non Govt businesses or Agencies are not governed by the FOIA. At this point, filing a VA FOIA request for you VA C-File is going to take 12+ mos. You could attempt to avail yourself of a personal Viewing of your C-File at the St P RO. Your supposed to be able to do a Walk-in at the RO, View your C-File 1st come, 1st served, even have pages of interest copied while your there. I recently tried it at my Det RO, Front Desk aren't aware of the VA Reg, you have to make an appointment so the RO can assign a VA Employee to stand by your side while your viewing the file. You also have to make them aware of your intent to request certain pages be copied. Do you have a VSO-Rep, with an HQ Office at your RO? Contact the MFIC of your VSO and discuss your need for the copy of your DBQ. Semper Fi
    • FloridaNurse, Now you can turn the page and begin the next chapter of your life.  Praise God for your blessings and award!
    • Thank you all for your advice. I will keep you posted.
    • Can anybody tell me if this qualifies a Veteran to be able to use the VA's CHOICE program... The VA has refused Cervical Spine surgery on me THREE TIMES. So I decided to finally get away from the VA and go see an orthopedic surgeon in my area. I just recently had a new MRI and the results are now showing I have Cervical Myelopathy at TWO levels. I go this Wednesday (Tomorrow) for the follow up MRI to see what the treatment plan is. I hope its surgery because I am tired of all this pain and not having a life. Since the VA Neurosurgeon has refused me three times for surgery and with the NEW MRI evidence and maybe the Orthopedic Surgeon will say surgery is the only treatment, would this qualify for the VA to pay for this surgery through the VAs CHOICE program? This surgeon is already in the VA Choice Program provider list, I just looked. Remember the VA Neurosurgeon REFUSED to do the surgery not once but THREE separate times. Keep in mind the VA Bay Pines in St Pete NOR James A. Haley has a Neurosurgeon on staff and uses a consultant to make decision if surgery is necessary and if he says yes the VA sends you out to the cheapest doctor in town. After my uncle inlaw just went through this a little over a year ago the cheap surgeon cause paralysis in his left arm I said NOPE, not going there.


Asthma Dbq Question

4 posts in this topic

Hello everyone,

I have a question relating to the DBQ that is used for asthma claims (linked below).



My DAV rep wants me to send in a DBQ and says it must be filled out completely, including the PFT values.

My asthma was rated at 60% because I received 3+ courses of oral or parenteral corticosteroids within a 12 month period. Because my asthma is rated due to this criteria, not the PFTs, would I still need to have the PFT scores? Should my doc send in the DBQ without PFT's or should they simply enter the values of my most recent PFTs from about a year ago?


Share this post

Link to post
Share on other sites

We discussed the DBQs at last weeks SVR show in archives...........with Dr. Bash------the show might help you.

DBQs are a problem.....the doc has to detail specifics...... I feel you need the PFTs in the DBQ BUT my question is, is there a higher rating available (100%?) for the asthma.....dont have time this minute to check the Rating schedule.....they should have enclosed it with your decision..

AT 90% now, are you still employed? or if not have you applied for TDIU?

Share this post

Link to post
Share on other sites

Hi Berta,
Thank you very much for responding. I followed your advice and listened to the SVR show with Dr.Bash and it was helpful in clarifying some of my concerns. I am still employed, thankfully.

My DAV rep tells me that he will not help unless the PFT's are included. This is frustrating because I have been SC for asthma for 17 years and my rating would not be based on FEV-1. My last PFT's are over a year old. I read somewhere that they should be no older than six to 12 months old. Should the doc include those values or should I look at getting new PFT's?

The correct rating for my circumstances would be 60%, as detailed below.

Schedule of Ratings - Respiratory System

6602 Asthma, bronchial:

FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than
40 percent, or; more than one attack per week with episodes of
respiratory failure, or; requires daily use of systemic (oral or
parenteral) high dose corticosteroids or immuno-suppressive
medications 100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55
percent, or; at least monthly visits to a physician for required
care of exacerbations, or; intermittent (at least three per year)
courses of systemic (oral or parenteral) corticosteroids 60

FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70
percent, or; daily inhalational or oral bronchodilator therapy,
or; inhalational anti-inflammatory medication 30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80
percent, or; intermittent inhalational or oral bronchodilator therapy 10

Note: In the absence of clinical findings of asthma at time of
examination, a verified history of asthmatic attacks must be of record.


Share this post

Link to post
Share on other sites

I do know there is some guidance in cfr 38 part 4 that lays out some rules on when PFT's are not required.

conditions in this section which under certain circumstances also establish entitlement to special monthly compensation.

(d) Special provisions for the application of evaluation criteria for diagnostic codes 6600, 6603, 6604, 6825-6833, and 6840-6845. (1) Pulmonary function tests (PFT's) are required to evaluate these conditions except:

(i) When the results of a maximum exercise capacity test are of record and are 20 ml/kg/min or less. If a maximum exercise capacity test is not of record, evaluate based on alternative criteria.

(ii) When pulmonary hypertension (documented by an echocardiogram or cardiac catheterization), cor pulmonale, or right ventricular hypertrophy has been diagnosed.

(iii) When there have been one or more episodes of acute respiratory failure.

(iv) When outpatient oxygen therapy is required.

I did notice that 6602 is not in that list so It appears it is not and absolute requirement, only to be waived for one of the reasons below.

I would politely ask your DAV rep why they are adding unnecessary requirements to the ratings process, It sure seems to me your doc should fill out the DBQ, note your steroid treatments sign it and hand it back to you. Your DAV rep when forwarding it should point out that a PFT is not a requirement and that per the enclosed DBQ completed by Physician X, Mr Vync has had x number of sterodial treatments for his asthma over the last year.

Next thing you know they will be telling Amputees that we can't rate them because we can't get an acurate ROM!

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now