Dbq Vs C&p Exam

[bankersonny]

Why did the VA make me go to an C&P exam, if I submitted a DBQ form by going thru my private physician?

[carlie]

They may have scheduled a C&P exam as part of your

due process rights or because more was needed than what was

on your DBQ or they found the DBQ from your private physician to be insufficient for

VBA purposes.

By chance, did your private physician review your SMR/STR's ?

Sometimes that is needed.

jmho

[Berta]

Yeah, and even if the DBQ is perfect and fully supports your claim, with a strong medical rationale, ...due to DTA regs, even if you get a negative C & P exam...they would still ,in most cases, have to consider an award under Benefit of doubt.

I was a little ticked off when BVA wanted my DMII AO death claim to get another C & P. That meant 2 C & Ps against, with another possible C & P against the claim..... because I had 3 strong IMOs for the claim. But they did ask for a cardio opinion.in the remand and I realized a cardio VA opinion would have to support the claim.....maybe.... (unless the C & P doc didnt have all of the med recs etc., or couldn't read)

Still, I jumped the gun and ordered and paid for a forensic cardio doc IMO but even before it was written up,the BVA awarded the claim.

I had knocked down the third C & P as speculative.and it did not satisfy the remand request for a cardio doc and it didn't really reveal any cardio knowledge on part of the "Doc", (not a doctor at all....he was a PA.)

Nothing wrong with PAs ...but they sure ain't cardio doctors....

BVA agreed and awarded without IMO # 4 from me.

VA does this often to justify the Benefit of Doubt regulations. (aka Relative Equipoise) and most claims are awarded under this regulation, even if your evidence far exceeds Benefit of Doubt.

The VA does have to justify their medical input to claims via C & P exams.

Edited May 8, 2014 by Berta

[bankersonny]

Why do the VA counselor suggest you take time off your job and have your primary physician fill out a DBQ if the C&P has the ultimate decision? I had to take off from work for both instances. Just spoke to the Regional Office where the claim and C&P was conducted and found out that all the information was sent to another Regional Office.

[Navy04]

I have had 10 C&Ps recently that were suppose to be just DBQs. Just part of the process bud. Too many Docs are half A** filling out the DBQs, even you can even get them to fill it out in the first place.

[Bankersonny57]

Thanks for the information navy04.

[Chuck75]

Why did the VA make me go to an C&P exam, if I submitted a DBQ form by going thru my private physician?

There are multiple reasons, some related to law, some related to the way the VA "does business".

Also understand that there is a policy letter that states when a C&P is not necessary, but it can easily be ignored by the RO.

A C&P exam is traditional, and almost automatically ordered by a VA rating "officer".

It involves "CYA", introduces a delay, and in the hands of a complicit C&P Examiner, gives the VA an opportunity to minimize the seriousness or effects

and resulting compensation. The C&P examiner is without directly saying it, is expected to play the role of "devil's advocate".

The VA is also known for taking the C&P results as gospel, even when the C&P examiner does not have the medically recognized

credentials, and is not a "board certified" specialist. The examiner may not even be a licensed doctor.

An RO, taking the C&P as justification for a denial or rate reduction, leaves the VA open to reversal at an appeals level, particularly if

a properly completed DBQ or IMO is also part of the claim's documentation, and was accomplished by a physician of the approprate

specialty. Some deference is also given to a treating doctor's opinion.

For various reasons, the VA claims process typically makes it more work to get an approved claim through the system than a disapproved claim.

There is or has been more scrutiny and "sign offs" of a claim when it involves an award. This increases the workload for an RO, and makes it harder to meet production goals.

Personally, I've been fighting with the VA about a decade. There are three decisions (denials) that are obviously CUE, and others that involve such things as

manufactured "negative evidence". One even called a valid IMO from a BVA recognized "expert medical witness" as speculation.