DBQ Disability Benefits Questionnaires, rule book

[30percentermovingup]

Hi, I have read through the posts but most are old and do not answer my question. The question is, "Is there a rule book on doing Disability Benefits Questionnaires"? The clinician that did mine actually stated I was supposed to go past the point of severe pain. I stated it hurt and he actually forced the knee to bend through the pain. He did quite a bit of this to other parts of the body. The sad thing I paid for this.

I do believe that we shouldn't go past the point of uncomfortable pain but would like to see if they have like VA Title 38  or something else with rules on how clinicians perform range of motion tests.
Thank you for any help.

Edited March 19, 2020 by 30percentermovingup
forgot question mark

[AllTheWay]

Well 30, look at it this way. This was a Comp&Pen exam. Comp&Pens are exams for VA to connect the dots. Looks like your dots were connected but now its times to get lowballed. BOHICA. I am sure that you know what that means.

 

This was not a Physical therapy session. This was just an exam to find facts. So why do the examiner need to assist you? They don't. They should ask questions and measure your range of motion. They do not need to touch you to measure ROM.

 

30 being a former Drill Sergeant and 1SG, I do not sugar coat anything and I do apologize if I offend you on what my opinion is. Just an opinion.

1. As for as a rule book as to how an examiner was supposed to conduct an exam, there is probably an internal SOP as to what the examiner as to what the examiner should and could do. We will never see that SOP. Now there is a regulation out which is the 38 CFR  and the CFR which is the guide lines and regulations as to how to get service connected. Does not give us the details as to how the examiner should perform the exam. It does state that the examiner should go along with and ask questions on the DBQ as to the claim that is being filed. It does state that if a range of motion must be measured, must be done so with a goniometer and must be recorded as such. Does the internal SOP states that the examiner must assist the patient? Probably not. Could cause further damage or injury to the patient so who is as fault? The examiner.

2. It is how you read and study your DBQ before your exam and what the examiner ask you to do. It says bend until the point of pain. Does not say to the start of pain or excruciating pain. When you start to feel pain, stop. But you didn't know. The examiner knew that but you did not. The examiners job is to trick you so they can find a reason for denial. Thats what they are trained to do.

3. Do not stop fighting. Not sure if this was an initial claim or supplemental claim. Not sure if you are doing this alone or have a VSO but there were some good advice given by a few. Challenge the C&P exam. Maybe try to get new evidence, file another supplemental. Being that the examiner had touched you, there is no proof that he or she did because of the fact that you did not report or inquired immediately after the exam such as asking for a supervisor and asking or going to the ER, you can do a support of claim and maybe a new C&P will get ordered. 

4. Get your C-File. Study it. Make sure you study it. Pay attention to the evidence section. Pull up the regs that they quoted you on for denial.

 

Do not concentrate so hard on the do's and don't of the examiner but study their credentials. Try to find some complaints on that examiner.

Try and see if your private doc or specialist can do a dbq for your.

 

Warrior Ethos:

I will never quit

I will never accept defeat.

Think the same when dealing with VA.

[ShrekTheTank]

This should never have happened!  They should ask you when you start to feel pain.  That is the point the test is measured at!  Not to push you and hurt you even more.  Some raters just do whatever they want in these and you have every right to speak up and tell them no and it hurts to go any further!  

Luckily i have had ones who told me to tell them when I felt any pain.  They would then mark it and do it again and they do try a little to go more to see if you have pain but they would never Push

[AllTheWay]

Greetings, 30 Percent.

I do lots of research as to how c&p exams to be conducted and have not found much about the question that you are asking. I have had bad exams as to what you have went through. Examiners in my opinion are like some bad lawyers. They will try to trap you so that you can get low balled which sounds like is what happened in your case. 

If you had forced yourself past your pain tolerance which you were told to do by the VA C&P examiner and caused you further pain, you should have went directly to the emergency room and of course  the question would have been asked, why are you here, how did you come about this pain. Catch my drift.

 

I have heard other Vets go through the same and I have witnessed one Vet when he was doing a ROM for spine and the VA examiner had assisted him in bending forward. What did he do? Fell down to the floor then went to the VA emergency room.

Your health is more important. Do what your body can let you do. Don't be that hero like I did and now I am suffering.

 

 

[ShrekTheTank]

Alltheway Nailed it!  The Military has always taught us to push and get through the pain!  That time is over!  There are rules they must follow and you have the right to stand up for yourself!  No one and I mean no one should inflict pain on you!  Especially someone in the medical field!

I think there is a form you can fill out if you were injured during an exam or something to that effect.  I am not seasoned on all the forms, so I hope someone else can step in here if this is the case.

[GBArmy]

30% Sorry that they did this to you; too bad you couldn't have done what AllTheWay said. I'd like to add this, however. If this just happened I would call the RO's office and ask to speak to the manager who does the scheduling for C&P's. I would tell him/her exactly what happened, in very good detail.  I would then tell him you request another C&P with a competent examiner. Say you are requesting the new exam for two reasons: first, to alert the RO that this examiner is doing harm to disabled veterans by making veterans harm themselves and to correct him by retairining. Second, you fully expect that the recordings he took during your exam did not represent what your pain threshold is and therefore, what yiour accurate conditions are. IMO, your ratings from the exam will be lower because you didn't have a truly accurate picture. In other words, you have nothing to lose.

[30percentermovingup]

54 minutes ago, AllTheWay said:

Yes, I have scoured for hours on the web for this information and can find none, although everyone says they should not I cannot find it in print. I will keep searching though. There has to be some guide to direct them to do these. Thanks.

Greetings, 30 Percent.

I do lots of research as to how c&p exams to be conducted and have not found much about the question that you are asking. I have had bad exams as to what you have went through. Examiners in my opinion are like some bad lawyers. They will try to trap you so that you can get low balled which sounds like is what happened in your case. 

If you had forced yourself past your pain tolerance which you were told to do by the VA C&P examiner and caused you further pain, you should have went directly to the emergency room and of course  the question would have been asked, why are you here, how did you come about this pain. Catch my drift.

 

I have heard other Vets go through the same and I have witnessed one Vet when he was doing a ROM for spine and the VA examiner had assisted him in bending forward. What did he do? Fell down to the floor then went to the VA emergency room.

Your health is more important. Do what your body can let you do. Don't be that hero like I did and now I am suffering.