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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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JustGettingStarted

DBQs No Longer Available Online

Question

VA has removed all the DBQs from their website with this statement at the end of the page:  "VBA has discontinued the use of public facing Disability Benefits Questionnaires (DBQs).  Originally, public facing DBQs were designed to assist Veterans living overseas to obtain medical evidence in support of their benefit claims where limited options were available.  Today, VA works with contracted providers in more than 30 foreign countries to conduct disability medical examinations."

I monitor a Veteran's facebook page and often refer veterans to the DBQs for their conditions.  In some cases, it is to download and have their doctor fill out a copy; in others, it is so a veteran can fill out the DBQ and take it to their C&P exam to make sure all the facts essential to their claim are covered by the examiner.  I had my dermatologist do a DBQ for me after fighting the VA for almost 2 years for an increase because the VA examiners couldn't complete a simple form.  It was the key to getting an increase from 0 to 60% for a skin condition and winning a CUE to get 8 years in back pay.

This is an affront to the veteran community making it much more difficult for veterans to win their claims.  

I am wondering if the DBQs can be requested under FOIA and posted on some other pages such as here on Hadit.  I know it is more work for the admins, but if someone had the time to take this on and provide this vital information to veterans, it would be extremely helpful.

Also, if you could start a new thread just for DBQs, I have blank copies in PDF format that I would be glad to upload.  I figure even if they become a bit outdated, they would be better than have zero access to this information.

https://www.benefits.va.gov/compensation/dbq_disabilityexams.asp

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I recommend doing the following:

  1. Call the White House VA Hotline and put in an executive complaint (different than a normal complaint or recommendation).
  2. Complain to our Congressional representatives (both House and Senate)
  3. Complain to our veteran service organizations
  4. Complain to our veteran lawyers (if you are using one)
  5. Contact news media. They are always hungry to learn about VA-related scandals or how the VA is shafting veterans.

@JustGettingStarted This smells like the contracted companies/doctors saw this as an opportunity to increase their revenue stream and asked the VA to do this. It also smells like an attempt to make it more difficult for private doctors who specialize in performing C&P exams, such as Dr. Bash, Dr. Anaise, etc...

Keep in mind that this still does not prevent you from getting a nexus from your doctor. However, the VA would probably want a C&P in order to rate you.

Here's a link to every official VA DBQ and every time they changed since being officially introduced in 2013. Just follow the timeline at the top and/or click on specific dates where highlighted changes occurred. 

https://web.archive.org/web/2019*/https://www.benefits.va.gov/compensation/dbq_disabilityexams.asp

An FOIA request should be sufficient for requesting the "current" version of each DBQ, but don't expect it to arrive any time soon. My last FOIA request for a form was submitted in October 2019 and I received the form in February 2020. Ironically, I asked for an examination worksheet that was used in 1997, but they claimed they could not find it. Instead, they sent me a copy of the current DBQ. It was completely different and didn't line up to the C&P answers at all. I was able to find the original via archive.org.

 

Edited by Vync
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https://web.archive.org/web/20190807143131/https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp

https://webcache.googleusercontent.com/search?q=cache:ak9H2qtr7QYJ:https://www.benefits.va.gov/compensation/dbq_listbydbqformname.asp+&cd=2&hl=en&ct=clnk&gl=us

 

Can these be downloaded and posted to the site?

 

Edit: I saved all of them in case it is needed on here. What is strange is that some of these forms "expired" back in September 2019.

Edited by bellrungboxer
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Well, I guess that this is another way for VA to make claims harder for Vets. Been stated, bring a DBQ to your private doc to see if he can fill it out, but VA wants to take it off the website.  Go figure.

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So it still looks like the forms are still online, but VA has just made it harder to find them.  Thanks for the great links provided here.  I saved some to a file and added to the Files in the FB page I help moderate.

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  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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