DBQ Issues

[allansc2005]

Good afternoon all from scorching South Carolina,

November 2023 I underwent a REMOTE C&P exam  conducted by a contractor.

I never attended the exam, nor did I ever speak to the examiner.

I was denied the claim for a neurogenic bladder(increase), and I now have a copy of the DBQ.

 

The examiner falsified a few questions on the DBQ, questions he/she would have to asked me about, namely frequency of urination and existing conditions I already have service connected.

 

Who do I report this situation to? Statement in support of claim, go to the VA C&P exam office and report the problem..?

To be CLEAR, I had no contact with the examiner.

 

Thanks,

 

2-2-0 HOOAH!

 

 

 

 

[pacmanx1]

21 minutes ago, allansc2005 said:

I was denied the claim for a neurogenic bladder(increase), and I now have a copy of the DBQ.

Unfortunately, you are going to have to show medical proof that your condition has gotten worst. I hate to say it, but you are going to have to file a Supplement or a HLR or a Direct Review Appeal. You are going to need medical evidence to show that your condition is worst. A copy of your current treatment notes/progress reports could really help or a separate IMO (INDEPENDENT MEDICAL OPINION).

[allansc2005]

A HLR is already in the making, and as you probably know it's going to take a while, and you can't present new evidence during the HLR.

I have existing evidence that my condition has worsened; I'm at 40%.

Like tinnitus, a neurogenic bladder is mostly a subjective condition that requires the doctor, nurse.., to ask you certain questions, namely how often you urinate.

I see this as the examiner falsifying information on the DBQ, mainly because I had no contact, no questions asked.

 

 

 

 

[El Train]

On 7/11/2024 at 1:51 PM, allansc2005 said:

The examiner falsified a few questions on the DBQ, questions he/she would have to asked me about, namely frequency of urination and existing conditions I already have service connected.

 

Who do I report this situation to? Statement in support of claim, go to the VA C&P exam office and report the problem..?

To be CLEAR, I had no contact with the examiner.

 

Thanks,

 

2-2-0 HOOAH!

 

 

 

 

I wrote up a letter with the inconsistencies and included the DBQ pointing out the discrepancies.  I sent this to my local VARO director (by name).  This resulted in two more C&P exams in my favor.  One examiner asked me why I was there.  I told them the truth.  I had a bad exam in which things were inaccurate or not even asked and checked no.  He was very thorough and asked all questions.

A complaint with the VARO is no joke.  They don't play around.

 

[allansc2005]

El Train,

 

You hit the nail on the head!

 

Writing up the Statement In Support Of Claim this weekend, and will "walk" it into VARO Monday morning.

 

Thanks!

 

2-2-0 HOOAH!

[Tbird]

you may find this article helpful

 

[Lemuel]

My current BVA status, according to a phone call I received from a BVA clerk, is that my "Legacy Appeal Hearing" will be heard in about 2 weeks.  She was questioning whether I wanted to have the hearing I appealed to the CAVC for or go back to AMA as my attorney was asking.  I said I would go back to the CAVC if my hearing was not granted, my additional evidence was not considered, and my facts as referenced in specifics in my file as opposed to the RO (and Statement of the Case) decision were not referred to in the BVA Decision and were therefore arbitrarily and capriciously ignored.

Will post this to the DBQ question also as it relates.  Essentially, the ability of the examiner, the RO and the DRO to ignore your statements to them and items in the record including non VA physician's examinations and etiology statements.

Edited July 13 by Lemuel