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]

How long ago did this happened? Are you still in pain? I do agree with all. But take care of yourself first. If you are in pain, go to the emergency room. It will be posted in your Progress notes as well. Sometimes when we call the RO's office, they tell us what we wanna hear just to get us off of the phone so that they can continue with their jobs of denying vets so that they can get a bigger bonus.

[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.

[GBArmy]

If you can't find a form, just download it to your claim. Be sure it goes to the RO first. They very well might re-schedule another C&P quickly. It is a serious accusation you are making.

 

[Guest]

Do an Iris complaint about the exam and the examiner.  Believe it or not these things do get placed in our C-Folder.

[Buck52]

Unfavorable  Exams

If your C&P exam result was unfavorable, it may mean that one or more of the Favorable points was missing from the doctor’s report, and you may want to do the following:

• Get expert medical help. If you want to refute the report, have an independent medical examination (IME) or get an independent medical opinion (IMO). An IMO  may or may not require your physical presence; rather, the doctor forms his opinion after reviewing all of your records.
• Get legal representation. Get help from an accredited VA attorney. Because the VA can be difficult to navigate, having a skilled attorney to guide you through the process can be very beneficial. 
• Don’t wait. If you delay refuting an unfavorable C&P exam and wait until after your claim has been denied, you may add 4 – 5 years to your claim.

[30percentermovingup]

So I guess there is no rule book on how they do this, if that is the case then it would be up to me to decide what I can or cannot do.