DBQs No Longer Available Online

[JustGettingStarted]

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  I figure even if they become a bit outdated, they would be better than have zero access to this information.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

[Vync]

Our complaints have been heard! I just got this in an email from the VA. It gives a better perspective vs. the rubber stamp copy/paste response they sent me earlier.

They are blaming the removal of the public forms on fraud. This makes sense to some extent. If the problem is that bad, by not get the AG to investigate the scammers and shut them down?

They also cite some requirement that the exam should have been conducted in person, not remotely. This makes sense for some exams. 

Now only if the VA would start taking our complaints seriously about substandard C&P exams which fail to thoroughly review the evidence or are performed by unqualified personnel.

https://content.govdelivery.com/accounts/USVAVBA/bulletins/2849db0

Quote

Discontinuance of Publicly Available Disability Benefits Questionnaires (DBQs)

Veterans Benefits Administration sent this bulletin at 04/02/2020 05:37 PM EDT

Having trouble viewing this email? View it as a Web page. Greetings, The Veterans Benefits Administration (VBA) is providing information about the sunset of making Disability Benefits Questionnaires available to the public on our website. VBA will continue to accept any evidence that Veterans or their accredited representatives wish to submit in support of disability compensation or pension claims. This message is intended to advise you about the change and provide guidance and resources. What are Disability Benefits Questionnaires? Disability Benefits Questionnaires, or DBQs, are standardized forms used by clinicians when performing disability examinations (also known as Compensation & Pension exams or C&P exams). The purpose of a DBQ is to ensure the clinician performing the exam captures and records all the information needed by VBA claims processors to make a decision on a Veteran’s claim. The VA Schedule for Rating Disabilities (VASRD) found in 38 Code of Federal Regulations Part 4 has very specific requirements for rating conditions claimed by Veterans, and if the required information is not properly recorded during the examination, it could delay the claim while VA goes back to gather the necessary information. DBQs help prevent this delay by standardizing and guiding what information is recorded for each condition. DBQs are used by both Veterans Health Administration (VHA) clinicians and VA contract vendor clinicians. There are more than 80 different types of DBQs that cover the 15 body systems contained in the VASRD. They were originally designed and released in 2010 to not only standardize the capture of information during VA exams but also as an alternative for Veterans to take to their treating physicians, particularly if they were living overseas or in rural areas where getting a VA exam was more difficult. Why has VA removed DBQs from its public-facing website? VA continues to use DBQs during C&P exams conducted by VHA and VA’s contracted vendor clinicians. There are several reasons why VA decided to discontinue making DBQs available for public use. We have modernized. VBA is currently more than half-way through the process of updating all body systems in the VASRD. This is the first complete update of the VASRD since the 1945 Schedule. As each body system is updated, so are the corresponding DBQs. For DBQs used internally by VA, the updated forms are available immediately. However, for DBQs available publicly, VA must engage in the formal process required any time a public-facing form is modified, which can take more than a year. This has resulted in outdated forms being available publicly, which can result in a Veteran submitting a DBQ from a private doctor and then being scheduled for a VA C&P exam to gather more information. We have increased our capacity to conduct C&P exams. To supplement VHA’s internal capacity to conduct C&P exams, VBA has contracted with three primary vendors to provide exams across the country. This has expanded the agency’s ability to conduct exams in more places than just traditional VA Medical Centers and Outpatient Clinics. The contracted clinicians can provide wider coverage, especially in rural areas and in conducting exams in federal and state prison facilities. Also, one of VBA’s contract vendors conducts C&P exams in 33 countries overseas, where VHA does not have a presence. We are safeguarding against fraud. In the past few years, we have seen a growing industry of individuals and companies marketing the service of completing DBQs for Veterans. Some have provided honest, valuable service to Veterans. However, VA has made hundreds of referrals to the VA Office of Inspector General of individuals and companies who are engaged in questionable, even fraudulent, practices that include charging high prices for completing DBQs or submitting DBQs with findings that are vastly different than the other evidence in the Veteran’s claims folder. Also, it is a requirement that DBQs submitted by a private provider must be based on an exam conducted in person. VA’s OIG recently issued an audit report about providers who were completing DBQs for Veterans remotely and recommended that VA revisit its practice of making public-facing DBQs available. Will VA continue to accept evidence from my private physician? Yes. VA accepts any evidence that a Veteran or his/her accredited representative chooses to submit in support of a claim. Once all evidence is received, VBA claims processors review and weigh the evidence overall as part of the decision-making process. Veterans may submit private treatment records or request that VBA obtain those records on their behalf in support of their claims. Key methods that private medical records can be submitted are as follows: Veteran/Private treatment provider can send medical records directly to the Department of Veterans Affairs Claims Intake Center P.O. Box 4444, Janesville, WI., 53547-4444 or submit to VA regional office. VA will request records with a VA Form 21-4142 and VA Form 21-4142a signed by the Veteran. Private treatment records can be uploaded as part of an on-line submission of a claim at https://www.va.gov/disability/how-to-file-claim/ Resources We encourage all Veterans to work with an accredited organization for assistance in completing claims for VA benefits. The accredited representative can help in guiding the Veteran in submitting applicable medical records for consideration in his or her claim. A list of accredited organizations can be found on the Office of General Counsel site at this link: Search the VA Office of the General Counsel’s list. Questions on Claims? You can start and continue to file claims with no delay. How to start or continue a claim: File a claim online at https://www.va.gov/disability/how-to-file-claim/ or https://www.ebenefits.va.gov/ Fax a claim to VA’s Centralized Mail hub at (844) 531-7818 Submit completed applications by paper mail For individuals who need more assistance, VBA offers robust resources through the National Call Center (NCC) at 1-800-827-1000. Intent to file a claim: Faxing or mailing a completed VA Form 21-0966, Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC, Calling the NCC or Veterans Service Center, Starting a claim online, or Asking a Veterans Service Organization (VSO) to complete one on a claimant’s behalf. Note: Intent to file a claim will preserve a potential effective date and allow the Veteran up to one year to submit a completed claim form. Veterans can also work with a local VSO to submit claims electronically or by mail.   A grateful nation thanks you for your service. Sincerely, Veterans Benefits Administration

 

[Galen Rogers]

I just received the same email. Seems as if the VA can't decide why they removed them. Also I worked in the Federal government for 15 years. If the new form is approved and authorized by the VA secretary then it can be released for public consumption. They are just BSing us on "it will take a year". If the private C&P contractors can use them but we can't then that makes it easier for VA raters to side with their contractors and deny our claims or give us a reduced rating.

 

[SPO]

Does this mean they won't accept DBQ's we have already printed off?  I can't imagine they would be allowed to deny evidence, especially since the change just happened.

[deedub75]

53 minutes ago, SPO said:

Does this mean they won't accept DBQ's we have already printed off?  I can't imagine they would be allowed to deny evidence, especially since the change just happened.

They will accept any and all evidence you want to submit but the public DBQs will likely not be given any weight anymore. For example, if you submit a DBQ now it will be looked at but probably not used in their decisions. If an exam is warranted, they will send you for new exams. The bigger question is will they continue to give any weight to the independent medical opinions that we submit?

[Fat]

The reality is second and third party entities became defacto rubber stamps for veterans willing to pay.

On the surface it seemed to skirt the system, but something seems lacking.

Say you hurt your calf. Your primary physician takes the normal battery of tests (visual and x-ray) and diagnosis the injury as a sprain.

He views your medical files and concludes their might be causation between the military injury and the current ailment, but he cant conclude with certainty.

The veteran searching for an answer visits a orthopedic specialist. The specialist runs further test (MRI and nerve conduction).

The specialist reviews all medical records and concludes a tear in the calf with a cyst.

He concludes the tear is very likely from the military incident due to scar tissue present and subsequentially the tear caused the formation of a cyst.

Bottom line: the veteran searched for the 100% answer by visiting a specialist in the field, is this any different than a veteran whom seeks a 2nd or 3rd party opinion from another source.

 

I have always said, the totality of medical evidence wins cases. The records should show systematic testing, therapy, and documentation there is a causation of injuries, current diagnosis, symptomology/residuals, and foundational medical literature to support.

I would send all information relevant to my claim.

Remember the totality of medical evidence wins claims, not just a DBQ.

 

NEVER GIVE UP

 

[pacmanx1]

On 4/1/2020 at 3:59 PM, pete992 said:

IMHO, my thoughts are even if the veteran's claim is denied due to VA's discontinued the private DBQs, the veteran should win on appeal if the DBQs are properly filled out by a regular treating doctor.  The problem was, VA discontinued the private DBQs because VA believed that the doctors filling out and signing them was being paid for by the veteran but under the scope of being treated for a condition/disability should have a different outcome.  The doctor would be working in his or her profession and in their medical field and not for profit. We must understand that some not all DBQs were in questioned, So if the treating doctor is a local doctor that treats the veteran on a regular basis then the DBQs should be good.

As I posted this is MHO, it should be on a case by case bases.