Updated DBQs on the VA website

[Al329]

Don't know if this has been posted.

DBQs back....

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

 

 

[Fat]

Can a migrane/headache DBQ used in September 2020 be forwarded to the BVA in 2021 as part of an appeal (BVA no further evidence).

Veteran Mark was service connected for migranes in February 2021 at 0%.

He submitted an old DBQ as part of the supplemental claim.

[brokensoldier244th]

Theoretically, yes If it’s within a year of the new form date. but if he’s at BVA he can’t submit evidence once it gets assigned a docket, IIRC. I don’t do anything with appeals so I’m not the expert on that. 

[Marine Corp 69/70]

Brokensoldier244 Did you ever get to look up the changes the va add too it’s M22 on DBQ dated 03/01/2021,what do you think about the added changes they made.

[brokensoldier244th]

Is it only on certain ones that you have seen? I looked at this one https://docs.google.com/viewer?url=https%3A%2F%2Fwww.benefits.va.gov%2Fcompensation%2Fdocs%2FElbow_and_Forearm.pdf

 

and I don't see anything on it that specifically asks for duration of treatment. I see 1 question near the top that asks if you are a regular patient, which, I don't have a problem with. There was a 5 + yr period some years ago where I had applied for SSDI at one point, having been off work for 9 months at that point. Eventually, when my case got before the ALJ, one of the things they said in my denial is that some of my medical information was super recent i.e. id only seen a provider once or twice- and this was WITH a letter from Voc saying that I was unemployable at the time. As it is now, I've worked really hard gradually building up the endurance and coping skills to have the job I do now from that period of time, along with some pretty hefty accommodation (telework all the time, a few extra breaks built into my day so I can take breathers if I start to get overwhelmed-nothing that extravagant), so it IS possible even with a really high rating to be able to work successfully in some situations- but I'll admit that If I was employed by many other companies I WOULDN'T be employed by many other companies. Things in one's personal life can change gradually for the better in some instances.

So, I think that the point (duration of treatment) is relevant one way or the other, and I always counsel veterans to not go out and immediately file for something as soon as they have a DX unless they have a treatment history of X, Y, Z that just didn't have a diagnosis yet. If you barely have any treatment history of something, even if you have the other Caluza elements, it makes it harder to SC due to lack of information, and may get scheduled for an RFE sooner because there won't be much to go on. I usually waited 5-6 months before filing so I could figure out on my own if something seemed to be recurrent or not. The stereotype of the SSDI lawyer that has a few doctor friends didn't get made up completely on its own, and disability evaluators both VA and civilian do consider it as 1 factor out of many.

THIS IS NOT SAYING DON'T FILE FOR SOMETHING. If you have some kind of wasting disease, or cancer of some kind that is acting aggressive that's a whole different situation and will be treated as such during rating, also. But some of the more general things Ive seen are things like GERD with 2 visits worth of history a few weeks apart, with a couple acute reports in STRs from 10 yrs ago. Unless you are GW service and have a conceded MUCMI, you could have had GERD because you hit AL's Capone' Macaroni and had spaghetti with the fire sauce while in Guam. I hate to say it, but I have seen a few like that. Not my decision on any of it- I just grab whatever I can find from CAPRI, STRs, and whatever the veteran provides. But it DOES make a successful grant more difficult or potentially with a sooner request for re-eval, whereas if you have at least a few months of it it can be considered chronic. You've got to go with your own conscience. 

Now, regs say that you have to have an in-svc event(s), a current DX and chronicity, and a connection between them, unless something is conceded. I see claims, though, that have in svc event 1-2 times over period of enlistment (so, mostly acute events), a DX on the outside, and no chronicity and no evidence of a conceded condition. So, that makes it a lot more difficult to grant. 

"...a showing of continuity of symptoms after discharge is required 
to support the Veteran's claim of entitlement to service 
connection for depression.  38 C.F.R.§ 3.303(b)."

Edited March 5, 2021 by brokensoldier244th

[Fat]

The information is on the Migrane/Headache DBQ.

Not verbatum, but length of time doctor has been treating patient.

Also, ask whom requested DBQ be filled out (patient or other).

Otherwise the DBQ for migranes/headaches is similiar to the old ones.

[Al329]

What is the value or length of time a doc has been treating the patient ?

I mean the doc who I have a C&P with doesn't treat me at all!  Zero length of time in treatment.

But gonna bet they are going to try and use that as a metric to disregard your DBQ....and go with the C&P write up.