Can a DBQ trigger a C&P exam?

[allansc2005]

I've just hired an independent doctor to fill out a Disability Benefits Questionnaire-DBQ to get an increase in lower lumbar/radiculopathy SC.

I've read a few horror stories where vets have had a DBQ done, only to find themselves at a C&P exam which resulted in reduced %.

Has anyone had this experience? Details please.

All comments welcome as well.

 

Allan

2-2-0 HUAH!

[Buck52]

allansc2005

you need to check your IU Award letter to see what  they said in

''What We Decided'' and/or  Reasons and Bases of their decision.

Why did the give you the IU?

...If your highest rating was 40% did they combined more than one disability? did this one single 40% disability consist of ''Loss of Use''?

   With that said CFR regulations a veteran can have one single .S.C.Condition even at 40% and if that condition keeps him form working  then IU is consider ( ok you have been awarded IU)...if you obtain an awarded more conditions, and on IU you can request the SMC S Home Bound be given due to B/C you can't leave home for work

SMC hasA Cluse that state under special conditions/disability or severity of the condition/ disability Vetern can be given the SMC if the veteran don't meet the standards for SMC

Most SMC-S Require ''Loss of Use '' of and it needs to state that the disability or disability's is not expected to improve over the veteran life time in your award letter

Please Note: I am not saying you will win this? I know nothing about your claim or claims  this is just my opinion and its just speculation on my part.

You can

Contact your VSO or you can contact your VARO and request the SMC Be given/because it should have been invited when you were awared the IU  They will do a review (YOU COULD BE DENIED?).

if you want you can request the SMC S when you file for your Increase  and also include the EED for the SMC S &  Get both decisions   or they may give you an increase on the condition your claiming that if it has worsen and deny the SMC-S  but they need to give you a reason for the SMC-S Denial.

 Again Look on'' What We Decided''  this will let you know to appeal or disagree with their decision  the reasons and bases of the decision...this has help boo-coo vets that were denied. 

when the evidence submitted proves other wise.  a lot of times this is just over looked or not look at at all.

Hadit Elder Members bronvovet is pretty good with SMC-S H.B. And with EED, I would certainly listen to him on this issue. Alex (Asknod) is also one of the Best Advocate on here too but he is very busy  since he has been certified by the VA as a Veteran Rep.

they can let you know the CFR Regs #'s Better than  can..I can't remember all them like I use to...I am over 65 my mind is ..well not like it use to be.

[allansc2005]

Buck, here is a redacted copy of my IU letter that basically answers your question "What we considered", let me know if you need anything else.

Allan

2-2-0 HUAH!

P.S., Berta, I haven't forgotten about the stuff you want to see, waiting on my nephew to bring my briefcase.

[jfrei]

My DBQ for adjustment disorder just triggered two dbq for increases on my TBI and my PTSD.. Now combined for 100 scheduler P and T those are the results of them

Edited October 4, 2017 by jfrei

[Buck52]

allansc2005

I am sorry I just now seen this so I'll take a shot at it.

Now first off the CFR Regulations must have changed about the IU and SMC S.B. Criteria?...house bound in fact because you can't leave home for work because of your service connected disability  and Awarded IU.

Here is my Thoughts  and I don't want to get your hopes up about the SMC S. H.B. 

So this is not set in stone or a Forsure thing?  VA has there ways of screwing us  and they love it when they do.  just so you understand  we both need to read the CFR Regulations on this Issue.   please understand that!

The IU they Assign to you was IU 100%  The did NOT use the extra scheduler as for as I can tell your actually rated 100% IU not 40% or 90% combined.

your old rating is out the window now so to speak,...,ok with your IU Ratig

According to this Award letter you should have recieved the invite to SMC  by a statutory rating and met the Criteria for SMC HB  Because you can't leave home for work.

As I understand from what broncovet posted about IU  when a veteran is awarded IU 100%  Without using the Extra Scheduler 4.16  then he is entitled to the SMC S H.B. because of his S.C. Disability is server and not expected to improve over his life time no future exams schedule. I assume you are P&T and no future exams scheduled??

I never was  given SMC when I got TDIU P&T but that was back in 2002 I was  90% Combined   so I was not fully 100%,  they used the Extra Scheduler on me, so I didn't meet the SMC Criteria...only because I was 90%combined   back then in 2002..

Apparently this has change since my Award  and its suppose to be given when the veterans disability is severe and 100% or IU  or with a combined rating with IU and can't leave home for work.

I don't know the Regs on this and I've never seen them   so we need to get with broncovet.

Now the old way as you probably know to get SMC S H.B. was  a veteran had to be 100% on one  S.C.disability And have another single distinct S.C. Disability of 60% or higher  or a combied of ratings to meet the SMC Criteria.

I was TDIU P&T for many years and filed a PTSD Claim   I was  Awarded 70% for the PTSD. in 2015.....ok what the rater did was rate my IU 100% With the 70%  & that is what put me up to the 100% the remaining combined ratings 90% &70% COMBINED met the Criteria for SMC S H.B. and I was given the SMC S  my IU is Moot Now  as I Understand it

Now I have two SMC's  SMC S & K  , K is not rated  but its S.C. at 0% but they pay 103  monthly on top of the 100% pay plus the SMC S pay  they just add it all together and pay it all monthly.

They say I have a FINAL 100% Rating  so when they give your rating  they combined them all together and rate to 100%  and not say 160% or 180%  190%   We veteran just add up all our ratings and this is what we come up with   all my rating I have a 190% total rating but VA sees this differently and just rate with a 100% Final Degree.

  they just keep to the 100% rating and the veteran is paid the 100% or plus the SMC's if he has them Awarded.

The only thing is  with you, when you was Awarded the IU THEY SHOULD HAVE MADE YOUR RATING 100%  P&T THEN.?? & IU and since you can't leave home for work  ...> you meet the Critera for SMC  as I understand it.

You also stand a  good Possibility getting an EED on the SMC Payment back to your original IU Date.

I need to read up on the regs   Alex or broncovet and Ms berta  will probably know these new CFR Regulations. I have never read them.

Lets check with the elder members that are a lot smarter than I am   b/c I have not read the Regulations on this...before you file or request. Got to be damn sure we know what were talking about here.

[allansc2005]

Buck, being trying to get Berta's opinion here on SMC's, but can't seem to get her attention.

Allan

2-2-0 HUAH!

[Berta]

I answered this somewhere else recently here....Allan, things like the recent DIC claim take up much of my time, because I spend often more time in researching issues here, than actually being on the board.

I asked in the post I made how vets can rep someone without being accredited reps and asked for a mod to read that post as well to move the DIC issue where others could possibly chime in, ity is in tyhe Geeks topic...----but I guess no mod read that post....

I will try to find what I posted already on SMC HB recently