DBQs Submitted - Now They Want C&P Exams

[Top G]

I’m a retired US Marine of 20-years service, and currently have a 90% service connected disability rating as of 2009.
 

Last week I submitted my 6 BDQs for an increase in my disability compensation. Within a day of my submission of VA forms, they evidently reviewed all 6 DBQs and are now asking that I schedule for C&P exams through VES. 
 

Can I tell the VA that I do not want to go to their exams and ask that they review my claims of my DBQs signed by a medical doctor…and use my submitted medical  records from both my outside doctors and VA doctors?

 

I just feel like it’s not necessary as I’ve already done what was initially asked and don’t want this taking even longer of a time. I feel they have all they need to base their judgement. 
 

Appreciate input/recommendations from those more knowledgeable on this than I am. 

[brokensoldier244th]

I can't speak to what attorneys do, or their examiners, and just because an attorney has an examiner on deck doesn't make the examiner any more experienced at it. I'm in the middle of civilian injury claim due to a car accident. My attorney, who lists 'veteran claims' on his shingle, hasn't been able to figure out how to get VA treatment subrogation records (the ones that show what the VA would charge to an insurance company).....for over a year and a half.  This accident is clear negligence- the driver admitted on the scene that they blew a yield sign, which resulted in my car folded in half.

This is after I sent him the form that he's supposed to complete, with instructions, and I filled out my part granting the release of info. THEN he came back and said it didn't work (after a month- Um...duh? Nothing takes less than a month at VA, you'd think hed know this).  So, I filled it out myself, all he had to do was sign, send to the appropriate release of information office along with the form that says he represents me for a non-VA related legal claim. His office/assistant still can't figure it out.

He's resorted to asking ME...you know....since I work at VA, if I could do it. I told him that based on that statement alone I was considering firing him because I can't go look up my own medical records except through VA.gov due federal privacy laws, etc, and those don't have the billing either. 

 

I'm just explaining what I see day to day. I submit the exam requests- the ones that I re-submit due to an inadequate private DBQ are sent back to me after I've sent them to rating, and a Rater makes that call whether or not it is sufficient. They also have more training in specific legal and medical areas than we get, officially, though a lot of their training modules are out there for us to take if we want to, and have the time, unofficially. Do they screw up? I'm positive on that. Can I do anything about it? Not really. 

 

[Whodat]

I hear you. I am sorry for your bad experience as well.

Maybe you and your team follows protocol correctly. We need more experience and performance like yours.

In my opinion, it's about how a claim is filed. If you have a private dbq, fine and dandy. But why waste the time. Let VA do their job and order an exam if needed. 

Stay away from the sugar honey ice tea lawyers, get familiar with the cfr.

I have learned the hard way. 

[Mr cue]

I feel your pain this comp exams stuff is getting out of hand.

I just had a bva judge list 20 years Worth of comp exam and medical notes.

The judge stated I refuse anymore exams.

But to get a medical opinion with out a in person Exam to see If have loss of use.

An for the examiner to make the determination.

 

 

The law state the rater is to make the determination.

More delay tactics.

Like I keep saying the VA disability system is to be veteran friendly.

It seem that has all change they don't even feel the benefit of doubt apply anymore.

[brokensoldier244th]

My raters aren't any better than anyone else's- they screw up too. I overturned an error they called on my last week because they didn't read that it was an INCR claim so a bunch of the required normal documentation wasn't required. They said I didn't pre-prep the claim correctly before requesting the exam. CFR and M21 says you file for an increase you get an exam, pretty much no questions asked (rather than having to have 3 caluza elements, etc). 

I just shook my head and kicked it back saying "um....did you actually read the 526 they sent?" and CC:d my boss on it. 

With the number of claims sent in, and processed through VA, there are always going to be screwups. Best anyone can do it 1. give a shit, and 2. spend the time without always looking at the production number for the day. #1 is more important than #2 but sometimes I wonder with a few of my coworkers or those whose work I get from other stations. 

[Mr cue]

I am tired of all the excuses for ppl who are to be train in the law and when they do follow it. They got to much work.

If you can't handle it and do it the right way ppl should be fire. 

The law state the rater is to make the determination of loss of use. In my case 

If the bva judge the rater and everyone else in the va don't address there errors or follow the VA law.

Were does that leave a veteran.

My case is remand to a rater do you think they will address the error no.

They will go along a delay the claim or appeal. It will get remand by the court a 3 rd time over the same error.

When I am done with this I will be take a page from Berta an start make complaints to the veteran affairs committee in Washington and show evidence and claims.

We have to fight and complain that's  the only way it will start getting address.

Because this is out hand.

 

[brokensoldier244th]

Not making excuses. Pointing out the obvious, and, agreeing with you. 

And they do get fired- raters and VSR's both. Not sure what else you want to happen. 'perfection' is not going to be possible, ever. Its an unrealistic expectation, unless you want it done by computers- and I've seen the pilot program claim actions for THAT one. You do not want computers determining claim actions and processing. The error rate for the last batch I helped test was well over 70%.