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QTC exam

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usmc2511

Question

So if you are service connected and have been for 5+ years and you file for an increase for the condition and the examiner decides to comment that he doesn't agree with the rationale used that first established SC and states that it was s less likely than not due to service, can they propose to sever SC? 

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14 hours ago, usmc2511 said:

So if you are service connected and have been for 5+ years and you file for an increase for the condition and the examiner decides to comment that he doesn't agree with the rationale used that first established SC and states that it was s less likely than not due to service, can they propose to sever SC? 

Even with all the bullcrapI went through I am still of the attitude that I know what my conditions are, what my symptoms are, how they are documented and what is written in my healthy vet.  My husband keeps on top of them for me as well, because let's face it not all providers accurately put notes in.  My neuro, ent, and other specialists are fantastics, mh not so great.  I ensure that every time I  have filed for an increase that I know that it is warranted by my records not just by what I think or say and go in fully prepared. It wasn't as big of a deal to me when I was working and not IU PT honestly.  Then I was fighting to go from 30 to 50 for something but it still mattered.  I have the attitude that fear isn't going to allow the VA to steer me not to file a claim, not for something I am entitled to file to.  I am not going to live my life that way.  If that means that they are going to try to mess with me, so be it.  It did cause me stress but you know what, why should we not be taken care of because we are afraid?  That is absurd and ridiculous. 

Edited by seminoles
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1 hour ago, MikeHunt said:

Both the above should fuel thought for anyone with a rating thinking to get an increase.

'A bird in hand is better than two in the bush'

You CAN get your own physician to fill the DBQ ... Then you, the VSR and rater are all happy.

The VSR would only order a RFE ('Routine Future Exam') or an increase exam and move on. It would be very unlikely they'd actually read, internalize, or think about your circumstances. Similarly, eventhough they're supposed to read the resultant DBQ, it's really none of their business- It's the rater who's realm it is for the above.

This may, or may not be relevant for OP USMC:

III.iv.4.H.1.e.  Making Reductions in Evaluations of Psychiatric Disorders

 
Do not make drastic reductions in evaluations in ratings for psychiatric disorders if a reduction to an intermediate rate is more in agreement with the degree of disability. 
 
Observe the general policy of gradually reducing the evaluation to afford the Veteran all possible opportunities for adjustment.
 
Reference:  For more information on the stabilization of disability evaluations, see 38 CFR 3.344.

I had my doc fill out a DBQ and submitted with all my records and they still ordered a C&P exam

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1 hour ago, seminoles said:

I think severing service connection is much different than lowering the rating.  I have no experience with this what so ever.  I would think there would have to be some sort of fraud involved.  I actually had an examiner say something wasn't service connected and they were overruled by the rater because I submitted evidence showing service connection.  If service connection has been proven it seems strange for it to be taken away, not sure why you would be worried about that. 

I had a secondary condition severed because the C&P doc said there was no correlation between the two after it was granted. Then I was granted service connection directly by same examiner

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The other part I really neglected to mention in last post, is there's no opinion ordered on increase or Routine Future Exam (RFE)- so, technically, the clinician is only supposed to evaluate the current condition, not it's cause.

Mind you, they could still say you don't have it, it's 'resolved.'

I suppose you could try to be assertive and explain you are there only for an increase or RFE, and just answer questions about that it's origin. They may not have the legal right to treat/evaluate/gather data outside that scope. You'd have to ask one of the lawyers- It does seem important enough to ask ...

Of course, you run the risk of 'POing' the clinician.

 

In context, a medical opinion IS ordered along with all other exams- Direct, secondary, etc., unless it's a presumptive.

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