All these changes at the va at not helping veterans

[Mr cue]

So I was just thinking about all the changes to the va system.

First the comp exam system.

U can't get a copy before they use it on your claim.

The no phone contact with bva no more.

They are ordering exams for all issues now with no way to say anything. But put in a statement and hope some address it

This is my opinion other may love all this new stuff.

But to me it looks like a set up to reduce rating and not to grant many claim's.

And the veteran has no phone contact with anyone.

Now let's talk about the mail thing they put out something saying they are adding day to any notice letter.

So if they say u to late you got to appeal and hope.

It does address the 120 days to appeal to court.

So veterans now have 90 days or less. 

I don't think the va lawyer are just adding days they will say u didn't appeal in time and ask the court to dismiss.

This is all my opinion.

And I just want veterans to be aware of things

 

 

[Rattler]

CUE you should use the "DBQ Election, Duty to Assist Waiver, &  C & P Decline Notice to VA Regional Office" in the attached VA Form 20-10208, "DOCUMENT EVIDENCE SUBMISSION"  that I posed in another forum and have attached below. 

To answer everyone's question YES you can waive the VA's duty to assist. (or there no assistance). If you use the Regulations in the form you can also refuse the C & P Exam and tell them to use the medical records in your C-file to make there decision. (assuming that you have evidence in your C-File)

____________________________________________________________________________________________________________________________________________________________________________

DBQ Election, Duty to Assist Waiver, and C&P Decline Notice for 526EZ and 0995 claims signed 02/10/2022.

- I ELECT TO USE PRIVATE DBQs IN LIEU OF REPORTING FOR C&P EXAMS.
-IWANEANYPARTOFVA's "DUTY TO ASSIST" (38 USC5103A(d)) RESULTING IN C&Ps.
- I DECLINE TO REPORT FOR ANY C&P EXAMS.
- I WAIVE TELEPHONE CONFIRMATION OF THIS ELECTION.

- I request compliance with M21-1 IV.i.2.C.i.d: "If the examination facility cancels a pending examination
request based on a Veteran's election to submit a privately prepared disability benefits questionnaire (DBQ)
in lieu of reporting for a clinical appointmen4 then follow guidance as it appears in [IV.i.2.C.i.e]."

-This DBQ election is not a "refusal" to attend C&Ps nor does it trigger the denial provisions of 38 CFR 3.655
and M21-1 IV.i.2.G which are based on "failing to report." M21-1 IV.i.2.C.1.d restricts VA:s definition of
"failure to report" to an actual "No Show" for a C&P appointment. I am not a "No Show" and I am not
"refusing to attend" or "failing to report." I am merely exercising my choice under VA policy to use private
DBQs instead of C&P exams to provide the medical information for my claim.

- Federal statute requires VA to weigh private DBQs equally with C&Ps (38 USC 5101 as amended by Pub. L.
116 315, title II, 2006(d), Jan. 5, 2021, 134 Stat. 4976). This equal status is now expressed most explicitly
by the policy regarding increased rating claims: "Do not routinely request an examination if a disability
benefits questionnaire, completed by a private or VA physician, was submitted" (M21-1 IV.i.1.B.1.g).
However, this same principle applies to all types of claims.

- I submitted DBQs that are adequate for rating my claim. M21-1 V.ii.i.A.3.j allows that "A statement
from any physician can be accepted for rating purposes without further examination if it is otherwise
sufficient for rating purposes" and has a proper diagnosis. This policy derives from 38 CFR 3.326 which
makes a similar declaration. Further, my DBQs meet the definition of "competent medical evidence" (38
CFR 3.159(a) (1)). If my DBQs are insufficient in any way, then VA must contact me or my private physician
for correction (38 Use 5101). It is improper to send a private DBQ to a C&P examiner for clarification when
they did not write it in the first place. Such action could only be construed as an effort to "develop to deny"
by VA.

- Congress has declared its support for Veterans using private medical evidence to support their VA claims
because it "properly protects veterans" (38 USC 5101). Consideration should be given to the DBQs I have
submitted with my claim. They are sufficient for rating purposes, and they make C&Ps unnecessary.

-VA cannot "develop to deny" a claim. Since I have already submitted a complete package of private
evidence, any further development with C&Ps would violate VA policy: "Decision makers may not arbitrarily
or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining
evidence to justify a denial of the claim" (M21-1 V ji.3.B.1.a). This prohibition was emphasized in a law
review article published by the BV A: "additional evidence should not be procured for the sole purpose of
denying the veteran's claim" (1 Veterans L. Rev. 94 (2009)). Even CAVC has strongly affirmed this policy:
"Because it would not be permissible for VA to undertake such additional development if a purpose was to
obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for
its decision to pursue further development where such development reasonably could be construed as
obtaining additional evidence for that purpose" (Mariano v Principi, 17Vet. App. 312 (2003)).

-VA cannot arbitrarily minimize or deny benefits. Rather, the official pol icy is to "award benefits where
supported under the facts and law or when the evidence is in relative equipoise or balance while denying
only when we must under the facts and law that require it" (M21-1 V.ii.1.A6.b). I request application of this
policy to my claim and the private medical evidence I have submitted. According to the facts and the law, my
claim can be decided without C&Ps. I request that VA simply proceed with a decision on my claim based on
the evidence already in its possession.

(See The continuation pages attached to the form for more supporting Reg's.)

 

 

 

DBQ Election, Duty to Assist Waiver, & C & P Decline Notice to VA Regional Office.pdf

[Mr cue]

6 hours ago, Rattler767 said:

CUE you should use the "DBQ Election, Duty to Assist Waiver, &  C & P Decline Notice to VA Regional Office" in the attached VA Form 20-10208, "DOCUMENT EVIDENCE SUBMISSION"  that I posed in another forum and have attached below. 

To answer everyone's question YES you can waive the VA's duty to assist. (or there no assistance). If you use the Regulations in the form you can also refuse the C & P Exam and tell them to use the medical records in your C-file to make there decision. (assuming that you have evidence in your C-File)

____________________________________________________________________________________________________________________________________________________________________________

DBQ Election, Duty to Assist Waiver, and C&P Decline Notice for 526EZ and 0995 claims signed 02/10/2022.

- I ELECT TO USE PRIVATE DBQs IN LIEU OF REPORTING FOR C&P EXAMS.
-IWANEANYPARTOFVA's "DUTY TO ASSIST" (38 USC5103A(d)) RESULTING IN C&Ps.
- I DECLINE TO REPORT FOR ANY C&P EXAMS.
- I WAIVE TELEPHONE CONFIRMATION OF THIS ELECTION.

- I request compliance with M21-1 IV.i.2.C.i.d: "If the examination facility cancels a pending examination
request based on a Veteran's election to submit a privately prepared disability benefits questionnaire (DBQ)
in lieu of reporting for a clinical appointmen4 then follow guidance as it appears in [IV.i.2.C.i.e]."

-This DBQ election is not a "refusal" to attend C&Ps nor does it trigger the denial provisions of 38 CFR 3.655
and M21-1 IV.i.2.G which are based on "failing to report." M21-1 IV.i.2.C.1.d restricts VA:s definition of
"failure to report" to an actual "No Show" for a C&P appointment. I am not a "No Show" and I am not
"refusing to attend" or "failing to report." I am merely exercising my choice under VA policy to use private
DBQs instead of C&P exams to provide the medical information for my claim.

- Federal statute requires VA to weigh private DBQs equally with C&Ps (38 USC 5101 as amended by Pub. L.
116 315, title II, 2006(d), Jan. 5, 2021, 134 Stat. 4976). This equal status is now expressed most explicitly
by the policy regarding increased rating claims: "Do not routinely request an examination if a disability
benefits questionnaire, completed by a private or VA physician, was submitted" (M21-1 IV.i.1.B.1.g).
However, this same principle applies to all types of claims.

- I submitted DBQs that are adequate for rating my claim. M21-1 V.ii.i.A.3.j allows that "A statement
from any physician can be accepted for rating purposes without further examination if it is otherwise
sufficient for rating purposes" and has a proper diagnosis. This policy derives from 38 CFR 3.326 which
makes a similar declaration. Further, my DBQs meet the definition of "competent medical evidence" (38
CFR 3.159(a) (1)). If my DBQs are insufficient in any way, then VA must contact me or my private physician
for correction (38 Use 5101). It is improper to send a private DBQ to a C&P examiner for clarification when
they did not write it in the first place. Such action could only be construed as an effort to "develop to deny"
by VA.

- Congress has declared its support for Veterans using private medical evidence to support their VA claims
because it "properly protects veterans" (38 USC 5101). Consideration should be given to the DBQs I have
submitted with my claim. They are sufficient for rating purposes, and they make C&Ps unnecessary.

-VA cannot "develop to deny" a claim. Since I have already submitted a complete package of private
evidence, any further development with C&Ps would violate VA policy: "Decision makers may not arbitrarily
or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining
evidence to justify a denial of the claim" (M21-1 V ji.3.B.1.a). This prohibition was emphasized in a law
review article published by the BV A: "additional evidence should not be procured for the sole purpose of
denying the veteran's claim" (1 Veterans L. Rev. 94 (2009)). Even CAVC has strongly affirmed this policy:
"Because it would not be permissible for VA to undertake such additional development if a purpose was to
obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for
its decision to pursue further development where such development reasonably could be construed as
obtaining additional evidence for that purpose" (Mariano v Principi, 17Vet. App. 312 (2003)).

-VA cannot arbitrarily minimize or deny benefits. 

Well I wrote a nice statement to this effect when my claim was remand by the cavc back to bva judge.

Well the bva judge remand my case even stated I can refuse the exam.  But they need a examiner to make the determination of if I have loss of use under smc benfits.

Well the law is the rater is to make the determination.

My case was shop for 6 month for a bogus medical opinion with lhi qtc.

It got to were they start tell me I have to report for there exam.

I just withdraw.

Now I am back at the cavc wait for a VA lawyer to respond to my brief.

They got 6 more days I can't wait to see this.

But there is a lot of good info showing that we can tell the VA to make a decision on our record.

With out a need for exam if you feel you have the evidence to granted the claim.

 

But the way the VA is set up now it a 50/50 chance they even address it 

[Rattler]

Yup you can't use that form or the info in it unless you have the evidence in you file to granted the claim. You and I both know the real problem is rater to READ THE EVIDENCE. The real problem hear is most raters only have 10 min maybe to make a decision and with some claims like mine (2800 pages over 44 years) and yours it takes much more time even if you put the exhibits in there face.

[Mr cue]

That form will not help me but I believe it can help other who feel they have the evidence in there record.

An the VA keeps ordering these bogus exams looking to denied.

I wish I had this info before I am now at the court.

Hoping for a remand.