1-stop-shop for VA benefits: CivDivonline.com Amazon CivDiv Shop: Amazon CivDiv Shop: www.amazon.com/s?k=civdiv+llc&ref=nb_sb_noss Dr. Sharma's video and RUclips channel: ruclips.net/video/o7DCRZWWAZs/видео.htmlsi=uhsdW9KPnXPucLBO Public DBQs: www.benefits.va.gov/compensation/dbq_publicdbqs.asp - Clay
Thank you so much for the shout out to my channel, brother! I appreciate the kind words as well. Great video and info as always. I honestly couldn't do this work without you keeping us informed.
Hopefully, this help lead to greater consistency in completing DBQs and help accelerate processing claims where a veteran includes a qualified nexus and DBQ without the need for a C&P exam.
Hey Clay..,Good video! This answered my question I posed on your previous video on DBQs with InfoTap: what I’d medical doctor incorporates all the touch points of the DBQ into the medical opinion (Nexus) letter. Medical evidence is medical evidence! Right on! TY for assisting Veterans with valuable information!
LOL. Righteous! This is the same process I told my PCP and Pulmonologist we would use for my VA Disability Claim… they were in agreement! Our Conversations happened last 2 weeks of December 😂
This law wins every time it’s read and applied correctly: In adjudicating such claims, reasonable doubt that exists because of an approximate balance of positive and negative evidence concerning any point will be resolved in favor of the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derinski, 1 Vet. App. 49, 53 (1990).
What lawsuit? What charge would you be pressing? The VA secretary having the authority to remove DBQ’s is now a federal law. So again, what would the lawsuit be? The VA is following the law?
What does this mean for Veterans who already got their claims through, and are P&T? Is this a, "congrats you got on the boat" before the Titanic sinks or could there be further upward pressure to get rid of benefits by those who had a DBQ done privately?
So I’m confused. I just got a nexus letter and DBQ and just sent it to the va. Does this mean they won’t even look at the DBQ with it? since it’s a supplemental would they have to honor it since it was filed before the law?
Hey CivDiv, I submitted my private DBQs in October since the law was not in effect at the time I submitted my claim will my claim get denied automatically or will those of us who submitted claims already be Grandfathered in?
Dr Sharma provided a DBQ for me & VA initially ignored it (not cited in evidence reviewed section of the denial) so I called the White House hotline citing gross incompetence & misfeasance. Within DAYS I got a positive HLR that included significant backpay. VA even called (yes, an actual DRO phoned me) to apologize & stated the private DBQ & IMO from my private doc (Dr Sharma) was key evidence.
My OPINION as to what is FAIR. If you have a TREATING physician who has been regularly treating your condition for at least 6 months as CHRONIC, then a DBQ filled out by your TREATING physician should be acceptable. On the flip side, a DBQ filled out by a doctor who is NOT treating you and is only giving an opinion from a review of medical records or a one time exam, those type DBQ's should NOT be accepted.
@@TheCivDiv Clay, you are correct. Maybe a LAW that says a TREATING PHYSICIAN DBQ trumps any type of C&P style DBQ. THE BEST option is to MANDATE that the TREATING PHYSICIAN is the only one who can fill out the DBQ. The insurance companies do something called an IME (Independent Medical Exam) when they get claims for car accidents, slip and falls ect. ANY Dr who does a C&P style exam is a "Hired Gun" and IMHO that leaves a lot of room for a tainted, bias report for whoever is paying for them.
@@TheCivDiv the compensation and pension examiners are vetted by the VA that is the difference. So for you to be seen by that examiner one time is acceptable by the VA because that’s their examiner. I’m convinced this entire issue is because of claim assistance companies with their preferred network providers are selling DBQ’s to people to get them rated. Not too long ago an OIG report wanted DBQ‘s to have the company name and doctor name of the individual who performed the exam they are still after these companies. There was a court case on December 10 where VA CI was trying to get their case dismissed. One was dismissed and the one that’s going forward is the charge of them misrepresenting information to their clients. Again, I believe all this DBQ talk is nothing more than the VA going after these claims companies.
I read it word for word here: ruclips.net/video/cKS6u1Avnf4/видео.htmlsi=TNfyPRnSfuoUGe3s The VA Sec has the power to remove public facing DBQs given it meets the criteria…that the VA creates - Clay
How relavant were public DBQs in the compensation/claims process? You said it yourself that DBQs were being ingnored, so why submit a DBQ with your claim? You also have a "X" on Nexus when most of your viewers know that the M21 requires a nexus as part of the big 3. A "?" over nexas would be more accurate, be consistent with your messaging.
It gives a veteran all the power during appeals…and that assumes the claim is denied. So even with a C&P exam the veteran submitting an IMO/DBQ will likely be SC. - Clay
1-stop-shop for VA benefits: CivDivonline.com
Amazon CivDiv Shop: Amazon CivDiv Shop: www.amazon.com/s?k=civdiv+llc&ref=nb_sb_noss
Dr. Sharma's video and RUclips channel: ruclips.net/video/o7DCRZWWAZs/видео.htmlsi=uhsdW9KPnXPucLBO
Public DBQs: www.benefits.va.gov/compensation/dbq_publicdbqs.asp
- Clay
Thank you so much for the shout out to my channel, brother! I appreciate the kind words as well. Great video and info as always. I honestly couldn't do this work without you keeping us informed.
Thank you for keeping us informed.
Excellent vid. Just pivot and keep fighting with the IMO. DBQ is just a form.
Hopefully, this help lead to greater consistency in completing DBQs and help accelerate processing claims where a veteran includes a qualified nexus and DBQ without the need for a C&P exam.
Hey Clay..,Good video! This answered my question I posed on your previous video on DBQs with InfoTap: what I’d medical doctor incorporates all the touch points of the DBQ into the medical opinion (Nexus) letter. Medical evidence is medical evidence! Right on! TY for assisting Veterans with valuable information!
LOL. Righteous! This is the same process I told my PCP and Pulmonologist we would use for my VA Disability Claim… they were in agreement! Our Conversations happened last 2 weeks of December 😂
Solid and thank YOU for being a member!!
- Clay
This law wins every time it’s read and applied correctly:
In adjudicating such claims, reasonable doubt that exists because of an approximate balance of positive and negative evidence concerning any point will be resolved in favor of the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derinski, 1 Vet. App. 49, 53 (1990).
I'm guessing if they nix public DBQ's the lawsuits will roll in quickly.
What lawsuit? What charge would you be pressing? The VA secretary having the authority to remove DBQ’s is now a federal law. So again, what would the lawsuit be? The VA is following the law?
What if I submitted a supplemental claim for PTSD with a private DBQ around a month ago?
Is there an effective date for the change?
What about it?
- Clay
@@TheCivDiv Can they boot the private DBQ?
In the same boat. Something tells me they will be taking their time with these claims as the VA playing their games again.
@@TheCivDiv
He’s asking if the private dbq was submitted before the change of law , will the va still honor it or will they not accept it ?
What does this mean for Veterans who already got their claims through, and are P&T? Is this a, "congrats you got on the boat" before the Titanic sinks or could there be further upward pressure to get rid of benefits by those who had a DBQ done privately?
Is as likely as not, or more likely than not statement be considered as a nexus letter
I’ll make a burden of proof video here soon
- Clay
What is the difference between specialized and a specialist doing a c&p, Neurology?
Good video, thanks.
That kid got some lungs 😂 ahhhh
How does this affect Care in the Community doctors..... Will VBA accept their DBQs?
Those are contracted
- Clay
So I’m confused. I just got a nexus letter and DBQ and just sent it to the va. Does this mean they won’t even look at the DBQ with it? since it’s a supplemental would they have to honor it since it was filed before the law?
Is there an effective date for the change of specific DBQ's?
Dude, no…that’s not that means. You’re good.
- Clay
McFlyyyy!! Helloooo!!???
Hey CivDiv, I submitted my private DBQs in October since the law was not in effect at the time I submitted my claim will my claim get denied automatically or will those of us who submitted claims already be Grandfathered in?
If a claim is subitted with filled out DBQ that just expired will the VA automatically throw it out and not use it?
No one knows the answer to this question but I doubt it.
- Clay
@TheCivDiv Thanks Clay.
Dr Sharma provided a DBQ for me & VA initially ignored it (not cited in evidence reviewed section of the denial) so I called the White House hotline citing gross incompetence & misfeasance. Within DAYS I got a positive HLR that included significant backpay. VA even called (yes, an actual DRO phoned me) to apologize & stated the private DBQ & IMO from my private doc (Dr Sharma) was key evidence.
My OPINION as to what is FAIR. If you have a TREATING physician who has been regularly treating your condition for at least 6 months as CHRONIC, then a DBQ filled out by your TREATING physician should be acceptable. On the flip side, a DBQ filled out by a doctor who is NOT treating you and is only giving an opinion from a review of medical records or a one time exam, those type DBQ's should NOT be accepted.
You know you just described C&P exams 😂
- Clay
@@TheCivDiv Clay, you are correct. Maybe a LAW that says a TREATING PHYSICIAN DBQ trumps any type of C&P style DBQ. THE BEST option is to MANDATE that the TREATING PHYSICIAN is the only one who can fill out the DBQ. The insurance companies do something called an IME (Independent Medical Exam) when they get claims for car accidents, slip and falls ect. ANY Dr who does a C&P style exam is a "Hired Gun" and IMHO that leaves a lot of room for a tainted, bias report for whoever is paying for them.
@@TheCivDiv the compensation and pension examiners are vetted by the VA that is the difference. So for you to be seen by that examiner one time is acceptable by the VA because that’s their examiner. I’m convinced this entire issue is because of claim assistance companies with their preferred network providers are selling DBQ’s to people to get them rated. Not too long ago an OIG report wanted DBQ‘s to have the company name and doctor name of the individual who performed the exam they are still after these companies. There was a court case on December 10 where VA CI was trying to get their case dismissed. One was dismissed and the one that’s going forward is the charge of them misrepresenting information to their clients. Again, I believe all this DBQ talk is nothing more than the VA going after these claims companies.
I’m confused by the title. So are privately completed actionable and sufficient DBQ’s still accepted or no?
Being acceptable is not the right question. They are public, until they are not. We saw the public DBQs.
- Clay
Are you sure you understand the law regarding the private DBQ? I believe you may be misreading it.
I read it word for word here: ruclips.net/video/cKS6u1Avnf4/видео.htmlsi=TNfyPRnSfuoUGe3s
The VA Sec has the power to remove public facing DBQs given it meets the criteria…that the VA creates
- Clay
How relavant were public DBQs in the compensation/claims process? You said it yourself that DBQs were being ingnored, so why submit a DBQ with your claim? You also have a "X" on Nexus when most of your viewers know that the M21 requires a nexus as part of the big 3. A "?" over nexas would be more accurate, be consistent with your messaging.
It gives a veteran all the power during appeals…and that assumes the claim is denied. So even with a C&P exam the veteran submitting an IMO/DBQ will likely be SC.
- Clay
Thanks
Here is way the government can secure future funding for the VA and Social Security.
ruclips.net/video/ZfV3QiUElEs/видео.html
2nd
First!!
Ha! You commented this before I can get the pinned comment up!
- Clay
3rd
For now private DBQ is working.
Click Bait
Worlds greatest detective
- Clay
@TheCivDiv yep keep spreading more fear thats all vets needs right ? We already fucked off make it worse for the PTSD