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Can a DBQ trigger a C&P exam?

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allansc2005

Question

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!

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allansc2005 not sure if your age 65 or not? it just use to make it easer for the veteran being 65  but that don't matter anymore since the change in 2012.

As you are trying to go from a 90%combined  extra scheduler rating to the 100%scheduler yes I agree you are 90% combined rating  with the IU.

you will need an additional 50% rating to meet the criteria for 100% Then another separate & distinct disability rated at 60% or higher to meet the SMC S H.B.

They may combined your S.C. Ratings 190%and a Mandatory rating for the SMC S H.B...>  or my thinkIng is if your rated at 190%  you have a 90% rating over the 100% and you should be rated as in a statutory rating to meet the criteria for SMC S H.B....UNLESS YOU ALREADY HAVE THAT?

 then they make your IU Moot  you should have a final 100% degree in your rating  and with SMC S H.B.  pay wil be increase to about 300.00 per month  or 347.00 with one dependent.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Buck, I'm quite a bit younger than 65, and no, I don't have any SMC's, and none of my SC's are rated over 40%.

Some months ago my VA rep lied to me and said I would be getting SMC S, but that was BS.

The 190% is a hodgepodge of conditions.

Now you see why I'm going for the DBQ?

Allan

2-2-0 HUAH!

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allansc2005

Your at 190% with all your ratings.

 even if they combined your disability's  they add up & then rated you  for the IU,  If this disability kept you from working   (obviously is has)  even getting the 90% using the extra scheduler to get you to IU    with these other ratings at 90% plus IU was awarded  that should have meet the criteria for SMC S H.B.   b/c you can't leave home to work.

which they should have consider the SMC S H.B. at the time they rated you for the IU.

you should still be able to get your increase if you have favorable evidence that your disability your claiming has worsen.

Some times they will send you to a C&P to make sure the disability has got worse  even when you have a Good IMO, Its cost effective to wait and see what their decision is before paying for the IMO  b/c if your awarded increase from what a C&P Examiner says in his/her report  then the IMO Was not needed..and save you tons of $$$

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Buck, my IU is a combination of conditions, none of which are over 40%. It's my understanding that you have to have one condition rated at 60% or more, or a combination of conditions that equal 100% SCHEDULER, before you are considered for SMC.

Am I missing something here?

Note: To Berta, I'll upload those documents today. Any comments on this thread?

Thanks,

Allan

2-2-0 HUAH!

 

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 But all your S.C. Conditions Add up to over 60%  They combined the ratings.

if you have oneS.C. condition that was the reason for getting IU then with all your other S.C. Conditions  you should qualify for SMC you had to meet the IU Criteria.

if you were not at the 100%  Then obvisouly you have a S.C. Condition that was only rated 40%  they used that to use the extra scheduler  for IU because it kept you from be able to work and you can't leave home to work so your House Bound  by VA definition....Once your IU they combined all your other ratings together.

What you are trying to do is increase a condition to 60% Which with combined ratings you already have the 60%   IU is the main factor here.

 By Asking for Increase >Doing this your taking a big Gamble  on getting a reduction and not an increase  (jmo) (They will look at your claim with a FINE TOOTH COMB)

 Normally,To qualify for housebound SMC benefits, you must have at least one disability rated at 100 percent, either schedular or with individual unemployability, with at least one additional, unrelated disability rated at 60 percent or more. (normally) 

ok

If you are granted individual unemployability (IU), it must be based on a single disability to qualify for special monthly compensation. If you’ve been granted IU, but haven’t been granted special monthly compensation based on housebound.  You should request it.

This is where a Lot of Veterans get screwed.

Ok this is all I am going to say about this  you do what you feel is right and I hope you get the Increase.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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