New Bill to protect using DBQ's

[GBArmy]

A new bill HR 7795 would direct the VA to restore public access on its website to DBQ forms. It would require the VBA to accept a DBQ form for one year after is it completed, even if the VBA updates or changes the DBQ form. This is great if it can pass. Keep an eye on that one if it comes up for vote.

 

 

 

[brokensoldier244th]

DBQs are already good for one year after the form changes. Always have been. So is any VA form. 

[GBArmy]

Possibly not everyone in the VA follows that requirement, and it causes denials that are incorrect, and an appeal that shouldn't be necessary. I mean, there are some cases, hopefully not many, where a veteran is denied for not attending a C&P during the Covid 19 ongoing problem. Some at the VA didn't get that memo either. I guess it is an attempt by Congress to correct a VA procedure that many of their constituents feel is inappropriate and places a new burden on a veteran submitting a disability claim. In any case, it is a bill that passed in the House and is going to the Senate.

[brokensoldier244th]

Yes we did. We’ve got a policy directive on it that we wrote ourselves and got approved from the secretary of the va to not deny based on non attendance. We’ve been correcting them for three months because the VENDORS didn’t get the memo. The vendors are pissed (lol) because they shouldn’t have been canceled, so they screwed up, so they aren’t getting paid but the second time.

If there is no c and p then the raters have to rate based on evidence on hand. Sometimes yes, your going to get a denial. We are ahea already reevaluating all non attendance/denial claims for the last 6 months. There is a whole group nation wide doing nothing but that. What else would you like us to do? 
 

The form date thing is one of the first things we’re taught. That’s mostly why va went to electronic forms. I’m sorry, but if your vso is using forms from 5 years ago what else are they not up to date on? if you are getting your va forms randomly off the internet and not from the va web site who’s fault is it if your claim Is denied for the wrong form date? This does not happen nearly as often anymore.

Aside from DBQs not being available publicly (im on the fence on this one due to predatory “we’ll help you file your claim” sites that don’t all follow the law, or don’t actually do a real exam- I see it a lot more than you do) it’s your responsibility, or your poa, to use the right forms. They are all publicly available straight from our site. 

Edited September 26, 2020 by brokensoldier244th

[Buck52]

Back years ago I had a DRO HEARING (INFORMA) at my R.O.

THE DRO HAD THE RATING SPECIALIST  LOOK AT SOME OF MY EVIDENCE BECAUSE HE COULD NOT FIGURE IT OUT(HOW TO READ A HEARING LOSS TEST EXAM BY THE #'S THE AUDIOLOGIST USE TO FIGURE OUT PROFOUND HEARING LOSS)...WELL THE RATING SPECAILIST COUND'NT EITHER  SHE HAD TO CALL THE Dr I  USED FOR AN IMO, 

AND i AM NOT SURE IF THIS RATING SPECIALIST THOUGHT I CHANGE A NUMBER ON THE SHEET I SENT IN AS EVIDENCE?

  SO SHE THOUGHT SHE WOULD PULL A FAST ONE OVER ME...INSTEAD OF ACCUSING ME OF IT.

.WELL I TOLD THE RATER TO GO AHEAD AND CALL THE DR.

  SHE CALLED THIS DR RIGHT THEN... TO MAKE SURE THE DR PUT THIS IN THE EVIDENCE LETTER   AND THE DR  NOTED AT THE BOTTOME OF THE PAGE, IF THERE IS ANYTHING SHE CAN HELP WITH PLEASE CALL HER OFFICE  MY OFFICE HOURS ARE FROM 9:00AM TO 5:PM MY #IS ***-***-****

THIS RATING SPECIALIST CALLED THIS DR AND THE DR GAVE HER (THE RATER)THE SAME ANSWER SHE HAD THAT WAS ON MY EVIDENCE SHEET , THE RATING SPECIALIST JUST WANTED TO MAKE SURE.

 

SO THESE RATERS WILL CALL YOUR Dr AND IT BETTER BE WHAT THE DR SAID OR WROTE DOWN IN YOUR EVIDENCE LETTER.

THIS IS WHAT WE MEAN BY  YOU BETTER BE ABLE TO BACK -UP WHAT YOU SAY TO THESE RATERS AND DRO's

Edited September 26, 2020 by Buck52

[ShuMan]

I truly hope this passes, Taking away the DBQs did nothing but make the process harder for the Veteran. 

[brokensoldier244th]

How so? A private doctor cannot do a C and P examination, so they shouldn't be trying to mimic them, they should be focusing on documenting the condition and the rationale for its service connection. The DBQ form may help them formulate a plan of attack for you to have rebuttal evidence, but even the outdated forms list all the requirements looked at in a C and P. The only major changes to them have been the inclusion of a few new conditions that weren't before, and the inclusion of the Correia language for physical exams (involves doing measurements whenever possible to determine level of function) and that was in 2007. Any doctor doing a physical exam already knows this- its been a pretty standard thing for orthopedist for just about forever, and its been part of the VA process since the case was decided in 2007. The VA isn't looking for rocket science.

The biggest hang-up for private doctor exams isn't the exam or the measurements they take, anyway. Private doctors rarely opine in more than a few sentences WHY they think something is service connected. You don't need a DBQ for that- that should be obvious that an opinion is needed, and the doctor only writing a few sentences because they don't like having to do a volumous write up is a disservice to YOU, not a failing of the VA. Even if they have the Medical Opinion DBQ they still need to research and write up a rationale. There is nothing magic on the form.

 A doc can't just throw down that someone has Kidney cancer (non-presumptive) due to herbicide exposure without a pretty solid write up as to why. Just being in-country isn't enough, and, since kidney cancer isn't presumptive (38CFR 3.309) if thats what you are going to hang your hat on your doctor needs to explain that at length- not just say " it is my opinion that X is at least as likely as not......" or whatever. Most Private doctors DBQs that come in that I see aren't sufficient for a rating by themselves, anyway, unless its just for an increase. Service connection always requires a physical/mental exam on the functional limitations (the Condition DBQ) and then a Medical Opinion DBQ where the doctor explains why. They rarely write the opinion, and even if they DO by chance have the Medical opinion DBQ they tend to skimp out on it, so you end up having an exam anyway AND you spent money on a private doctor to do a special exam for you. 

Don't get me started on the doctor/DBQ  exam opinions where they are 5 states away and have never even seen you once. Ive compared several of those to each other, and other than the name at the top of each of them (veteran) the text used is mostly boilerplate. They can't truthfully say they observed you in most of them, so that lowers the strength of the evidence and their opinion from the start. 

Edited September 28, 2020 by brokensoldier244th