Private doc filling out DBQ

[USMCVMO]

Hi all.  Quick question - I had a private mental health provider fill out a DQB for an increase and filed it.    If the VA calls and wants to do their own exam and I dont show up, will they use the private docs DBQ?  I get the sense they want to call you in so they can use their own doctors evidence.   

[broncovet]

We dont know whether or not the VA will need additional evidence.  We have not seen the exam, you may well get it done right, but we have not seen the exam, so I dont want to automatically give the private doc a free pass, there is much more to it than that.  

[broncovet]

The VA has "discretion" as to whether or not to order a c and p exam.  

They wont order an exam, generally in either of these instances:

1.  YOu have sufficient evidence for rating, (the VA is the judge here, not us).  

2.  You dont have evidence enough for rating, and a c and p exam "wont fix it".  Example:  If your character of discharge renders you ineligible, no exam is required.  What would be required, instead, is you to complete a discharge upgrade.  

Ditto for no "event in service".  If you dont have "an event in service" which caused your injury, then a c and p exam, alleging it was related to an "event in service" wont fix that problem either.  Get the Caluza's and get service connected, as always:

1.  Current diagnois

2.  Documented event in service you allege caused your injury.  (With ptsd its called a "stressor".)

3.  Nexus or opinion from your doc that its at least as likely as not your in service event resulted in your current condition.  

     A nexus is rather complicated.  I have posted what you need for a valid nexus, you can search that, I wont repeat it again here.  

[El Train]

6 hours ago, USMCVMO said:

Its a very comprehensive writeup the doc did for the DBQ.  They specialize is helping veterans with increases.

I went this route.  It set off several contract VA C&P exams.  Complicated claims like PTSD and TBI.  They were all good exams except for one.  She did not like the fact I rolled into the exam with the outside DBQ and medical opinion.  I had to file a complaint against her pointing to the mountain of evidence and 4 favorable C&P exams.  They threw her exam out as not making any sense.  It was obvious the raters deemed her exam was inaccurate and spiteful. I read this in my C-file.

So go into the exam and don't even bring up your outside exam.  Let the chips fall where they may.  That one bad exam delayed my claims by about a year while they sorted it out.

[jfrei]

Ill agree never skip a C & P exam as what I did I actually took the IMO report of my other doctor to the examination at the VA exam and let them give there weight since  it was a medical report based on medical records and not a DBQ  its  evidence they have to consider which rendered a quick decision.

Edited August 1, 2023 by jfrei

[brokensoldier244th]

Good call. 

[Rattler]

On 7/31/2023 at 7:55 AM, shrekthetank1 said:

Ok so the VA will want to do their own.  If you choose to not show up then they will possibly choose to deny you.  You can add the Private doctors notes and things to this, but refusing to go to that appointment IMO is just giving them a reason to deny you.  

I learned my lesson from this 10+ years ago.  I am still fighting them today.  If/when you go in, you go off your worst day.  Be honest and don't beat around the bush.  This is just my advice.  

Shrek is right.  As others have stated hear you have to go to the C & P Exam. I would take the good exam with you and hand it to the doc NOT the person at the front desk as he may never see it before the exam or after. (This happen to me.)

There are VA Regs and case law that states that the VA is not spose to seek opsing exams to denie the veteran. It dose happen al the time because most don't know. 

I was denied a claim for my right wrist in May 2023 because I did not attend a C & P Exam. I had waived all of them because I had an IMO & what I thought were the DBQ's 4 of them. What I had forgot was a DBQ for my right wrist and they used that to deny my claim. Even though it a lot more work you cam make them eat there C & P Exam if they are asking the wrong question.