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DBQs and possible nexus re-evaluation?


Rivet62

Question

Based on a DBQ, would a C&P examiner be pressed by the VA to give an opinion on the nexus of an existing rating when the exam is for an increase (unemployability)?

I filed for unemployability. During my C&P exam for my Major Depressive Disorder (MDD) increase (unemployability claim) the examiner seemed to be asking questions or making comments that would suggest a re-determination of a nexus for my MDD.  Have any of you seen where VA might ask the examiner for their opinion of the nexus on an existing rating when the exam is for an increase (unemployability)?

My head was swimming with anxiety and my back issues flared up to the point where I could hardly pay attention, but I think I had asked her point-blank if the exam included a nexus re-evaluation and she said no, but her line of questioning and her comments suggested to me that she was questioning the nexus. I think at one point she had to correct herself when I asked her is this an exam for the nexus and she seemed startled and looked down at her paperwork and said "oh that's right. This is for an increase."  But then she just continued later in the exam with nexus-like questioning and comments.

My question to everyone is, have any of you experienced a re-evaluation of nexus following C&P exams for increases?

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Out of all of my many successful pro se claims and appeals of over 35 years I only received one favorable C&P Exam opinion from a VA C&P examiner.  In all the favorable claims and appeals it was my Army, VA and private doctors medical treatment notes such as doctors, nurses notes, hospital discharge summaries, Army and VA medical prescriptions, lab and test results, medical studies, reports, treatise plus non medical evidence with lay statements that won theses claims and appeals. 

Only one recent time did I have formal type private doctor's medical nexus opinion that won the day.

A VA examiners negative or neutral opinion is very often ruled as inadequate or defective in many many BVA decisions and the BVA then granted or remanded the claims back to VARO for grant of benefits or a new C&P exam.  This was the case in both of my recent appeals from BVA that granted me OSA due to PTSD with SMC-S and remanded my IHD/CAD heart increase claim back to VARO for new C&P.   

Sometimes C&P examiner will provide a nexus and many other times will not provide a nexus and or explanation for the nexus opinion.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

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On 4/7/2022 at 4:16 AM, Rivet62 said:

My question to everyone is, have any of you experienced a re-evaluation of nexus following C&P exams for increases?

38 CFR 3.2600 - Legacy review of benefit claims decisions. (govregs.com)

(d) The reviewer may grant a benefit sought in the claim notwithstanding § 3.105(b), but except as provided in paragraph (e) of this section, may not revise the decision in a manner that is less advantageous to the claimant than the decision under review. A review decision made under this section will include a summary of the evidence, a citation to pertinent laws, a discussion of how those laws affect the decision, and a summary of the reasons for the decision.

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