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Is DBQ Needed During Presumptive Period?

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glashutte

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Hi All,

 

I recently separated and am in my presumptive period. 

Do I need a DBQ form to confirm the diagnosis that were made after separation? Or will the medical record indicating diagnosis from the civilian doctor suffice and be more than enough?

 

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  • HadIt.com Elder

 Just to Add, Not sure you know about the ITF (Intent to File?)

you can file the INT  and it gives you time to gather up all your evidence  that you may not have at the time you file, you have a year to file your claim and the ITF Saves your earliest effective date to your claims.

After you file your claims  the VA sends out a letter, the

 letter explains what VA needs in order to help grant your claim.

It states how VA assists in getting records to support your claim. The letter may include forms for you to complete, such as medical releases. They help VA obtain pertinent medical records from your doctor or hospital. You should try to complete and return all forms VA sends within a month. Your claim can often be processed more quickly if you send a copy of your own medical records.

What Records VA Obtains to Support Your Claim

VA then attempts to get all the records relevant to your claimed medical conditions from the military, private hospitals or doctors, or any other place you tell us. The person who decides your claim (called a Rating Veterans Service Representative) may order a medical examination. This examination is free of charge. It is extremely important that you report for your examination at the scheduled time to avoid delaying your claim.

Compensation and Pension Examinations

According to VA, “The purpose of C&P examinations is to provide the medical information needed to reach a legal decision about a veteran’s entitlement to VA monetary benefits based on disability” (Brown, 2003). Obtaining a C&P medical examination is part of VA’s duty to assist the applicant. An examination is required

when a veteran files a claim for service connection and submits evidence of disability;

when a service-connected veteran asserts a worsened condition;

to provide medical nexus;

to reconcile diagnoses;

as directed by BVA. 

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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The DBQ helps the rater determine the % of disability.

So, yes.

The rater can't determine whether a vet has Leukemia or not- Only an examiner.

Some presumptives, I'd just ask the examiner to report based on presence (Agent Orange and Cancer) of the disability in records, as it's always 100%, like leukemia. so no

There is verbiage that a clear medical record is supposed to be sufficient to rate, but I didn't see it- Not that I'd seen everything, or close to everything, or be in a position to see it.

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2 minutes ago, MikeHunt said:

The DBQ helps the rater determine the % of disability.

So, yes.

The rater can't determine whether a vet has Leukemia or not- Only an examiner.

Some presumptives, I'd just ask the examiner to report based on presence (Agent Orange and Cancer) of the disability in records, as it's always 100%, like leukemia. so no

There is verbiage that a clear medical record is supposed to be sufficient to rate, but I didn't see it- Not that I'd seen everything, or close to everything, or be in a position to see it.

Thank you. 

Should a DBQ be combined with an IME if filing the VA claim for the first time?

 

The issues I want to claim that were not properly diagnosed during service are:

1. PTSD

2. Flat feet with pain and no remedy with arch support

3. Tinnitus

 

Should I:

-Wait for the C&P exam to be diagnosed?

-See a civilian physician to obtain a DBQ prior submitting claim?

- Or See 3 specialists  (psychiatrist/psychologist, podiatrist, and ENT) to obtain DBQ prior submitting claim?

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If you can get the C&P done before you file, it make it faster. Seeing your own MD to get it done helps you so the VA hacks dont screw it up. I know the PTSD has to be done by a VA Psych, so that one is out, but the feet and ENT are open.

Presumptive means that if you are diagnosed and put in the claim, you dont need an IMO. The only exception would be if you were diagnosed prior to service, then you would have to claim aggravation. Basic's - if its not on your entrance physical, you are assumed fit without any prior existing issues that are not on that exam. The exam should be a permanent part of the service medical record.

Save your money, but dont take your time and miss the deadline. Claim everything. If you scratched your knee, and its in the record, claim it. That way years down the road, you have evidence that you tried. Shoulder pain, back pain, knee and hip pain all can be rated at 0% now and included as service connected. Claim increase later if you need it. In 20 years it will be a royal pain to document it and win the claim when these things get worse and sideline you.

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Just now, pwrslm said:

If you can get the C&P done before you file, it make it faster. Seeing your own MD to get DBQs done helps you so the VA hacks dont screw it up. I know the PTSD DBQ has to be done by a VA Psych, so that one is out, but the feet and ENT are open.

Presumptive means that if you are diagnosed and put in the claim, you dont need an IMO. The only exception would be if you were diagnosed prior to service, then you would have to claim aggravation. Basic's - if its not on your entrance physical, you are assumed fit without any prior existing issues that are not on that exam. The exam should be a permanent part of the service medical record.

Save your money, but dont take your time and miss the deadline. Claim everything. If you scratched your knee, and its in the record, claim it. That way years down the road, you have evidence that you tried. Shoulder pain, back pain, knee and hip pain all can be rated at 0% now and included as service connected. Claim increase later if you need it. In 20 years it will be a royal pain to document it and win the claim when these things get worse and sideline you.

 

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