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Dr. did not answer one question on the DBQ for kidney stones


Gny Skinner

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I submitted a claim for kidney stones and it came back service connected but at 0%.  It says to be rated at 10% the evidence needs to show "only an occasional attack of colic, not infected and not requiring catheter drainage. (38CFR4.124a)  The problem is that the Dr who completed the DBQ left that question unanswered.  I filed an appeal and included a statement that said:

The DBQ completed by Dr. Donald Cohen incorrectly answered the question 4C, "DOES THE VETERAN HAVE ANY SIGNS OR SYMPTOMS DUE TO UROLITHIASIS?" AS NEGATIVE.  My medical records show clearly and repeatedly that I have had many signs and symptoms due to urolithiasis (stones that form in my urinary tract).  By correctly checking question 4C as YES he would have been further instructed to indicate the severity which would have included: 1)occasional attacks of colic and 2)causing voiding dysfunction.

The appeal came back denied, still SC but still at 0% with the exact same reasoning.  It says that the current evidence fails to show your condition warrants a higher evaluation.  How am I suppose to get that question corrected if they won't take my word for it. I know I can not get any letter from my VA doctor, I was told point blank "We are told to stay out of all VA issues.  You won't get any nexus letters here"  I have had so many kidney stones, both while on active duty and since retirement.  The last one required surgery.  They have all my records showing this?  My surgery was through the VA so they definitely have that.  The list of evidence shows everything but I question whether they actually reviewed all of it. I certainly plan to appeal, again, but what evidence can I add to prove this one point?

Thanks

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It sounds like you need a forensic IMO.  They would need to review your service records and VA records and state that they did than and then provide a nexus between your service and current chronic condition.  This is a high hurdle to make but it sounds like your only option.

I looked for local doctors that did IMO's and found a neurologist that performed two IMO's for me.  It is expensive unless @Buck52 or @broncovet can offer something else it looks like that is your only route.

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I agree with vetquest

but some times they don't read for enough  grrr0r

you have to prove your evidence   since it (NOD) came back the same  YOU need a qualified Dr to state or show what you just mention above

YOU QUOTED''

'' My medical records show clearly and repeatedly that I have had many signs and symptoms due to urolithiasis (stones that form in my urinary tract).  By correctly checking question 4C as YES he would have been further instructed to indicate the severity which would have included: 1)occasional attacks of colic and 2)causing voiding dysfunction''

Obviously it was on the DBQ  but was missed!/?

This needs to come from a  Qualified Dr...so yes you need a good IMO/IME

Obvious they didn't read what you mention,as we all have had this kind of problem...fight back with a good IMO.

Edited by Buck52 (see edit history)
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I would file it as a CUE, this week! This is a CUE on the fact that these clowns know they're lowballing you for 1) get you to quit 2) because they can 3) it's literally a circus. 

edit - here's why it is a CUE

"....stones are repeatedly formed and it requires either drug therapy, diet therapy, or removal surgeries or procedures 3 or more times each year. If this is the case, it is rated 30%. "

Edited by Oceanbound (see edit history)
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