FDC Claim & DBQ

[triman8654]

Requesting an increase on e-bennies, near the end it has the add button for a DBQ form. If I don't have a DBQ completed by a physician,  will the claim still be FDC

[bluevet]

Submitting a competent DBQ can increase the speed of the claim.  If the DBQ is sufficient to show the level of the rating, and the RO does not have to get one, and if there are no questions as to the service connection of the condition (as C&P exam can be requested for medical opinions as well), it can save the entire DBQ timeframe, which can be as much as 30-60 days.

 

The entire premise of the FDC is based on speeding up processing time.  The DBQ's were made available for use to the claimants for this purpose.  If the RO has a DBQ on hand, it really would need to have a cause to request a second one if the first one submitted by the claimant was insufficient (for a reason in other words).  If they just randomly requested a DBQ after they already had one, that could be noted in an appeal as an adversarial act, or developing to deny a claim.  They actually have to have a valid reason to disregard a DBQ submitted by the claimant in light of recent policy letters on the topic coving DBQ's.

 

see VHA DIRECTIVE 2013-002

(2) (b)  ....(3)  Veterans may also have their private physicians complete DBQs.  The forms are designed for easy use and can be completed by physicians who do not have specific experience evaluating patients for disability purposes.  Guidance to providers on the use of DBQs can be found at http://www.benefits.va.gov/TRANSFORMATION/dbqs/providerinstruct.asp.  The Department of Veterans Affairs (VA) will not reimburse Veterans for costs they may incur when private physicians complete DBQs.

 

Everyhting you've said is perfect in theory, however it simply doesn't happen that way. 99 out of a hundred times, when you file a claim, you are going to be scheduled for a C&P exam.

[USMC_VET]

Everyhting you've said is perfect in theory, however it simply doesn't happen that way. 99 out of a hundred times, when you file a claim, you are going to be scheduled for a C&P exam.

true, but i think it just depends on how good it is.  I believe whole heartedly the VA goes by "Rank" for doctors.  If you get a DBQ from your general MD on headaches or your feet or get a recent graduate of orthopedics for your back they will definitely schedule you for one.  But i do beleive if you get one from a board certified specialist in their field, that is well regarded with a long list of experience and credentials and the VA doesnt have one thats better sitting in their hip pocket....i think they wont waste the time on it and accept is as good.  I also think it depends on what exactly it is you are filing for.  Somethings are just not contested by the VA like tinnitus or flat feet.  theres not much wiggle room for flat feet, you have it or you dont, and the only questions then are do you have pain, one foot or two and doe orthotics help which are easily determined as well by the other evidence you can submit.  For those they dont fight like they will PTSD or other mental health or back.  I also think its based on how common the thing is as well as how often they lose.  It never hurts and always helps to have an IME and having a wel regarded doc as your IME is golden.  You may still get a C&P but if your guy is better than their guy, you are fine.

[Gastone]

I've had 3 FDC's, 2 02-04/2014 & 04/15. Rating dept ordered C & Ps for 02/14 & 04/15 FDC's. At 05/14 C & P, Dr did 2 DBQ's, 1 requested by VA and 1 that I requested for my 04/14 FDC that he agreed with me was the actual cause of the Secondary issue claimed in the 02/14 FDC. He had not been requested by the VA Rater to address my 04/14 FDC.

By 08/14 I had Va Denial of 02 claim and Award of 04/14 based on the 2 DBQ's from the 05/14 C&P.  The awarded Secondary issue was the same in both claims, I screwed up as far as the SC causative condition. The C&P Dr agreed with my opinion as to my 04 FDC Nexus and agreed with very little protest, to complete a separate DBQ and submit it on my behalf. After which, a Clinician's note was placed in my VMC file, stating that I had Officially requested the DBQ for the 04/14 Nexus Issue.

I just had C&P 09/08, for 04/15  FDC for SC increases. The C&P VA Staff Dr seemed less than knowledgable regarding my C-file. After about 12 days, the C&P DBQ was included in my Med Records on the MHV site. I think there's a good chance, this will turn into a Reg Axx claim. That is, unless the Rater interprets the 38 CFR 4, the same as I do.

Semper Fi

[pwrslm]

Everyhting you've said is perfect in theory, however it simply doesn't happen that way. 99 out of a hundred times, when you file a claim, you are going to be scheduled for a C&P exam.

Then again, some 75% of appeals have some kind of error.  The basis of the DBQ's are centered on ratings, the C&P also is used to acquire medical opinions for service connections.

Edited October 3, 2015 by pwrslm