Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Can a DBQ trigger a C&P exam?

Rate this question


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!

Link to comment
Share on other sites

Recommended Posts

  • 0

Berta, generally it's Buck's contention that because I'm 90% scheduler and P&T IU-190% total, that the VA should have addressed the SMC issue in my last SC decision, even though NONE of my individual conditions are rated at 60% or higher.

The American Legion has told me that because I'm P&T IU, it in itself "doesn't warrant" a SMC award.

Allan

2-2-0 HUAH!

Link to comment
Share on other sites

  • 0

Here is one of many posts I and others have made as to SMC  S:

I am not familiar with any vet getting the HB award because they cannot work.

My husband(20 years after he died) was granted under CUE SMC S.

They stated it was due to his 100% P & T SC PTSD plus 100% 1151 CVA.

But then they also stated HB was granted, as well. ( they only pay for one SMC S award.)

My evidence for my claim of and award of either SMC S theory revealed he needed the VA van to take him to the Day Treatment VA program, he could not drive, he could no longer handle money, could not determine what coins were what, due to his PAD from the stroke, which also had inpaired his ability to see. He could not use the PC anymore and could hardly dial a phone.The VA told me he would never walk again...until I demanded they give him OT. He could walk but the stroke severely impaired his ambulatory abilities. Also he would heat up soup or something and then forget it was cooking,so it was good that I was always with him at home. 

The SMC regulations then ( they used his medical records and the 38 USC 1114 regs from 1992,93,94, which still have never changed.

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

We were on line same time

"The American Legion has told me that because I'm P&T IU, it in itself "doesn't warrant" a SMC award."

I agree.

Also I answered your other recent CUE question somewhere in another thread that had 3 different vets asking questions in the same thread.......very time consuming and confusing  to help anyone when that happens.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

Berta, I agree, too many threads going on for the same subject.

Basically, after reading your post, it appears that Buck's contention about my SMC is wrong.

Is it your understanding that, beyond anything else, including P&T IU, that to get ANY SMC awarded, the veteran MUST have at least one condition rated at 60% or higher?

Allan

2-2-0 HUAH!

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use