Can you refuse a VA claim Compensation and Pension exam(C & P exam)?

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  • เผยแพร่เมื่อ 26 ต.ค. 2024

ความคิดเห็น • 95

  • @savfam09
    @savfam09 3 ปีที่แล้ว +5

    That c-file is so important to veterans submitting successful claims and appeals. Another important piece of evidence is the entrance exam.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      You are correct, more veterans need to request their claim folder.

    • @a334boy4u
      @a334boy4u 3 ปีที่แล้ว +1

      @@DewayneKimble how do we request the C file?

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +2

      @@a334boy4u Look in the description section.

  • @DeltaRoots
    @DeltaRoots 3 ปีที่แล้ว +1

    The description is very informative and video very thorough. Much Appreciated

  • @thomasc7119
    @thomasc7119 7 หลายเดือนก่อน +2

    VA examiner did both a DBQ an a IMO, and just used the IMO to deny my claim.

    • @DewayneKimble
      @DewayneKimble  7 หลายเดือนก่อน +2

      The IMO is the where they put the opinion and rational. Don't give up, get your own DBQ and submit a supplemental claim but make sure the DBQ is sufficient. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim

    • @thomasc7119
      @thomasc7119 7 หลายเดือนก่อน

      @@DewayneKimble what’s strange is that DBQ was good, the IMO said no connection between gulf war and IBS.

  • @jimmie2349
    @jimmie2349 2 ปีที่แล้ว +1

    DK Awesome Video.. we should All file A mental claim for the claims process. Just to prove a point PTSD

    • @DewayneKimble
      @DewayneKimble  2 ปีที่แล้ว

      Thanks and good luck with your claim.

  • @jimhanlon7589
    @jimhanlon7589 3 ปีที่แล้ว +1

    First off I want to thank you for your advice on getting my disabled veterans handicapped license plate. It only took three weeks , I was told 6 to 8 months.
    I give blood every two weeks along with another Vietnam veteran who has his handicap license plate our question is can we get a hanging placard when we are not in the vehicle with a handicapped plate and how can we do that ? thank you in advance for your help and thank you for helping us veterans

    • @stangrant1549
      @stangrant1549 3 ปีที่แล้ว

      Hello are you 100% because I'm 80% and I was told no in Pasco Co

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      You will have to contact the DMV and ask for the requirements for veterans. There is a Florida statue that states as long as you have a DV plate, you don't need a tag in the window to park in handicap parking space.

    • @stangrant1549
      @stangrant1549 3 ปีที่แล้ว

      @@DewayneKimble good afternoon I am respectfully asking if you would give me a call @ 8136097193 my questions are too lengthy for typing. Thank you

  • @robgp69
    @robgp69 2 ปีที่แล้ว +1

    I'm a Combat Vet, saw allot of Combat in Now Zad, Afghanistan. 9 years ago I was originally awarded 70% for PTSD and 10% for TBI. My PTSD symptoms have gotten worst throughout the years. I have received on/off VA treatment throughout the years. I spoke with an organization that creates DBQ for increase. They told me they couldn't increase my PTSD rating because of my TBI rating. They said I'd have to be non workable to get my PTSD increased.

    • @robgp69
      @robgp69 2 ปีที่แล้ว

      After my last deployment to Afghanistan, I EAS 2 months later. When I checked out, all my medical records from my that deployment were not in my file. I was told all our Deployment medical records were in a C-Train overseas awaiting transport and it would be placed into my records when they received it. I got out and never saw my medical records from that deployment. How can I find those records?

    • @DewayneKimble
      @DewayneKimble  2 ปีที่แล้ว

      I never heard that in order to get 100 percent for PTSD you can't work. Did they provide a VA regulation that states that. When you go in the PTSD, the TBI will have to be reviewed as well.

  • @dwaynemohr3076
    @dwaynemohr3076 3 ปีที่แล้ว +1

    Clear and to the point. Very helpful. Thank you.

  • @BeachsideHank
    @BeachsideHank 3 ปีที่แล้ว +1

    There are only about a million acronyms used in the V.A. system that we vets are ignorant of, here is but one I myself had to look up; *Disability Benefits Questionnaires* (DBQs) are forms that guide a physician during an exam to ensure that all the information needed to correctly rate a disabled veteran's conditions is properly recorded.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +3

      Also, a private doctor can complete them as well.

    • @eQuariuz
      @eQuariuz 2 ปีที่แล้ว

      @@DewayneKimble Did not know that. Very helpful.

  • @frankenstein82
    @frankenstein82 2 ปีที่แล้ว +1

    Question, I just got my DBQ'S back for mental health increase from a private doctor. I'm S/C for Adjustment Disorder with mixed anxiety & depression. I am still undergoing treatment with the VA and the VA has said in my doc notes that my adjustment disorder is better explained by military related PTSD (which the VA denied my PTSD claim but ok'd adjustment disorder). So the VA has changed my diagnosis.
    This being said should I only submit my private doctors medical DBQ's by themself to the VA? Or should I also submit my VA notes with the private doctors DBQ's? I've heard that too much info can hurt me.
    Also, because this is a mental health increase of rating, will a C&P be requested and required? I looked up the M-21 and it was moved because it was updated stating where the ACE process was acceptable and where the ACE is unacceptable. Change date is May 31, 2022
    It is M21-1, Part IV, Subpart i, Chapter 2, Section A, 4, a : ACE Examinations

    • @DewayneKimble
      @DewayneKimble  2 ปีที่แล้ว +3

      It would be up to you if you want to submit the DBQ. As stated in the video, sufficient DBQ and not wanting conflicting medical evidence. I've done other videos on some VA employees requesting exams and others are not. www.kmd89.com/services

  • @willprice8696
    @willprice8696 2 ปีที่แล้ว +1

    I've got a claim open for increase to my 50% anxiety disorder, unemployability (new), and substance abuse(new).
    I have done 2 C and P exams already, the 2nd was because I opened the substance abuse while the other was still being reviewed. My claim went to decision phase but has been kicked back out to review because they want to do another C & P exam due to "conflicting info" from my 2nd C&P.....I am tempted to refuse because I am ready for them to make a decision on it but I'm worried I could be making a huge mistake by doing so.....HELP?

    • @DewayneKimble
      @DewayneKimble  2 ปีที่แล้ว +1

      You are at that cross road and will have to make that decision. Get educated on the VA process for the claims you claimed and how it will impact each one. www.kmd89.com/services

  • @scrapguy6816
    @scrapguy6816 3 ปีที่แล้ว +1

    Great information. Thanks for sharing.

  • @DWamericanfrets
    @DWamericanfrets 3 ปีที่แล้ว +1

    What’s a C&P exam? What’s a DBQ? I have 40% service connected. I’m very interested in your help here but I have no idea what you’re talking about.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      I have several videos that explain both. Look for c and p and dbq videos in my play list

  • @jimmie2349
    @jimmie2349 2 ปีที่แล้ว +1

    I needed to file a FOIA to receive my C file.. Also a Wet Signature was demanded after my VSO submitted my E signature during C19 11-2021 The E signature was denied. just received 2 CDs with the same exact info and an apology phone call after calling and complaining the wait is wasting my intent to file 12 months time period

    • @DewayneKimble
      @DewayneKimble  2 ปีที่แล้ว

      Sometimes it takes awhile to get.

  • @dimitrab3324
    @dimitrab3324 3 ปีที่แล้ว +2

    If the doctor writes on the DBQ they reviewed ‘All pertinent private and VA medical records from x to x’ is this language sufficient to show they reviewed the claims file too?

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +2

      That interpretation would be up to the person reviewing the claim. Why not put VA Claim Folder reviewed. That's why it's important to request a copy of your claims folder.

    • @dimitrab3324
      @dimitrab3324 3 ปีที่แล้ว

      @@DewayneKimble I requested my VA Claim folder via a FOIA request back in February and still have not received it so the doctor can’t review what I don’t have. However, this is for an increase to an existing condition so it may not be relevant. I’m also claiming some secondary conditions to an existing condition which was just re-examined and remains unchanged so the claims file may not be needed.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +1

      @@dimitrab3324 Increase is based on current residuals, but what I've been seeing what RVSRs are doing, as it pertains to the claim file being reviewed. th-cam.com/video/oPuFDH2qDl8/w-d-xo.html

  • @pcphilanthropy
    @pcphilanthropy 3 ปีที่แล้ว +1

    Great information. Thank you!

  • @arrow_head24
    @arrow_head24 2 ปีที่แล้ว +1

    100% bravo!!!

    • @DewayneKimble
      @DewayneKimble  2 ปีที่แล้ว +1

      Arrow Head, it's our mission to educate veterans on the VA claims process.

  • @heatherwilliams6938
    @heatherwilliams6938 3 ปีที่แล้ว +1

    Hi. Are you still consulting? Just recently my whole claim was either denied or deferred and I’m looking for assistance in the appeal.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      Please visit our site: www.kmd89.com/classes

  • @callmedaaay
    @callmedaaay 3 ปีที่แล้ว +2

    I have a question Dewayne, I just got rated 100% P&T. But for some reason i was scheduled for another C&P exam for Mental health for an increase for TDIU. Im already at 100 P&T so i dont need TDIU obviously. So should i not intent that exam? I called the VA and the rep said if i dont want TDIU so i have the ability to work if i want that i shouldnt go? just curious of your opinion

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +1

      www.kmd89.com/classes

    • @MrLeeje713
      @MrLeeje713 3 ปีที่แล้ว

      @DamianMcknight same thing happened to me. Did you go to evaluation? Mind is scheduled for later next month and I dont think its a good idea to go im already 100 P&T too.

    • @callmedaaay
      @callmedaaay 3 ปีที่แล้ว +1

      @@MrLeeje713 no I didn’t go. It was moot to attend. I called the Ava and said I don’t want the TDIU claim because I’m p&t and they wrote on my file that I didn’t want it

    • @MrLeeje713
      @MrLeeje713 3 ปีที่แล้ว +1

      @@callmedaaay thanks so much for the info! I hate they do this, it causes so much stress and worry.

  • @acethegreat88
    @acethegreat88 ปีที่แล้ว +1

    Do I still need to go to a C&P exam for noncombat PTSD initial even if I submitted a private dbq and nexus statement?

    • @DewayneKimble
      @DewayneKimble  ปีที่แล้ว +2

      The M21 states the veteran has to do the initial exam at the VA if he/she is claiming it due to combat. Most VA employees do not know that and don't read the M21.

  • @trayholman8685
    @trayholman8685 ปีที่แล้ว +1

    Great info!! How can I contact you directly? I have questions about my current situation.

    • @DewayneKimble
      @DewayneKimble  ปีที่แล้ว +2

      Thanks for the support to the channel. In the description section of the video is our website and you can schedule a free consult to discuss what we offer. Keep in mind, it's not a Q & A on your current situation.

  • @ericfernandez2378
    @ericfernandez2378 ปีที่แล้ว +1

    Can I use a private DBQ to refuse a C&P during the BDD process after a medboard? I’m assuming that since I was diagnosed in service I won’t need a nexus letter?

    • @DewayneKimble
      @DewayneKimble  ปีที่แล้ว +2

      There is no regulation stating you can't. As it pertains to it being sufficient still stands.

    • @ericfernandez2378
      @ericfernandez2378 ปีที่แล้ว

      @@DewayneKimble Much thanks for your response.

  • @AF1pice
    @AF1pice 3 ปีที่แล้ว +1

    How can you get a copy of your claims file & how long does that normally (I know hard to specify with VA) take?

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +1

      I note in the description section how I obtained mine.

    • @kishkin8743
      @kishkin8743 3 ปีที่แล้ว

      SF-180 form or if your local VBA Regional Office has a public contact division you can get your records from there.

  • @LITTLEROCK2517
    @LITTLEROCK2517 3 ปีที่แล้ว +1

    Good video 🤘🏾

  • @shanekiarichardson4210
    @shanekiarichardson4210 3 ปีที่แล้ว +1

    Is it common to get another exam scheduled for a ratings appeal? I

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      It is not un-heard of.

    • @kishkin8743
      @kishkin8743 3 ปีที่แล้ว

      Yes, if the original exam is over 6 months it is not relevant for rating purposes.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      @@kishkin8743 Is that stated in the M21 or 38CFR. I've seen VA c & P exam that where over 6 months old and used for rating purposes.

  • @GAvet4lyfe
    @GAvet4lyfe 3 ปีที่แล้ว +1

    My c-file was said to be sent to my representative a month and a half ago and they said they haven't received it...is there anything I can do

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      I called the VA White House hotline. I did a video on if you could file a complaint.

    • @GAvet4lyfe
      @GAvet4lyfe 3 ปีที่แล้ว +1

      @@DewayneKimble link

  • @albertol2670
    @albertol2670 2 ปีที่แล้ว +4

    You'd get more views if you put time stamps.
    People need quick info.

    • @DewayneKimble
      @DewayneKimble  2 ปีที่แล้ว +3

      Thanks for the feedback. Nothing about the claims process is quick. The videos are short and all the information is important. Not looking at getting millions of views, just want to educate as many veterans as I can.

    • @albertol2670
      @albertol2670 2 ปีที่แล้ว +1

      @@DewayneKimble a simple timestamp where the info actually starts. No offense, but it doesn't help to begin your videos with 2-5 minutes of updates of your seminars when some people are only trying to get the info and don't even live in the area.
      The claims process takes long enough.
      Thank you for your help and all you do.

  • @MJones-om7px
    @MJones-om7px 3 ปีที่แล้ว +1

    If I have a DBQ but no STR for the condition, will I still need a C&P exam?

  • @TheATXpatriot
    @TheATXpatriot 3 ปีที่แล้ว +1

    Absolutely you can refuse a VA exam but I would highly discourage a veteran from doing that.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว

      Even if the veteran has a DBQ that is actionable and sufficient?

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +1

      I did because I had the right information (RVSR could use my DBQ), DBQ was actionable and sufficient (they just did want to). Veterans and RVSR's should read Kowalski v. Nicholson ", 38 CFR 3.158 and 3.655

    • @TheATXpatriot
      @TheATXpatriot 3 ปีที่แล้ว

      @@DewayneKimble that’s a different question. But the veteran isn’t going to know that until the DBQ is reviewed by the RVSR.

    • @TheATXpatriot
      @TheATXpatriot 3 ปีที่แล้ว

      @@DewayneKimble you as a former RVSR are better armed to do that as you know exactly what is being looked for. But generally speaking if the VA asks you to attend an exam you should go. The VA has been cracking down on ordering unnecessary exams so if you’re being asked to attend an exam there is usually a reason for it. But as you know, every case is different and has its own unique facts and circumstances.

    • @DewayneKimble
      @DewayneKimble  3 ปีที่แล้ว +2

      @@TheATXpatriot That's why they have to get educated on the DBQ (sufficient). There is a way to know before it hits an RVSR's desk. I didn't trust C & P examiners (they seldom write down what you tell them). When the DBQs 1st came on board, I never went to another C & P exam. Veteran's have to get educated on DBQs.