So I’m a little confused . I’ve been seeing a neurologist for Migraines for 2 years and on a permanent profile and adjusted work schedule because of them . I miss work once a week because of them . It’s documented in my commanders statement as well as medical records . I just received my Narsum and it says my migraines are unfitting and do not meet retention standards. But when i talked to legal they said I’m probably getting 0% just because of how the DBQ at the C & P exam was filled out . My question is , does the VA review medical records in addition to the C & P exam ? A general look physician did my exam not a neurologist. And multiple sections in it are contradicting. For example, she clicked no on the section that says prostrating but in the medical history section it says prostrating occurring weekly
Your C&P exams were done incorrectly. I would contact your attorney to try to get them done again. The C&P exams are private companies that are contracted and a lot of the time they make big mistakes. Be proactive and work with your military attorney or look into hiring a private one because the implications for your financial future are HUGE!
Provis hit the nail on the head here. Huge financial implications here. You need to fight to have the C&P redone because that could have a huge impact on your rating from the VA.
@D_street1030 @Provis thank you both for responding ! At what stage would I request to have the C & P redone ? Would that be after i get back my official ratings ? All my peblo told me is to submit a VA 4138 explaining that the C & P exams are wrong and why i think they’re wrong based on medical history. Legal told me wait til the end to submit a VARR .
Immediately, don't wait! Consult a private attorney. Even if those are the 2 courses of action are correct you should have a qualified attorney assist you in writing the rebuttal of the C&P and if possible request that it be retaken since the examiner didn't fill out the DBQ correctly and it has a lot of inconsistencies.
Try and get new CP and also get ready for a VARR. What I would also recommend is get a Co DBQ form and take it to the doctor who has been treating your migraines for the last 2 years and get them to fill it out... it will have inch more weight than the one filled out by the CP examiner
I agree with Tony and everyone else, huge implications to have the C&P and the DBQ done correct the first time around. Also agree that the VA and the Army will place a lot more weight on the DBQ being filled out by your own Dr, especially if he/she is a well known Dr in that field. I had a similar thing happen, and because my Rheumatologist was world renown, the PEB completely sided with him and not with the contracted C&P exam. Big difference on percentages. Keep fighting, and stay the course, no one cares about your case as much as You Do!
I had similar issues. First thing you can do is submit copies of those records to your claim on va.gov. Highlight every mention of severity and frequency of your migraines.
You can also contact the VA White House hotline and submit a ticket regarding those errors. I did that and it got the VA to reassess my claim BEFORE it got to the PEB so I ended up not having to appeal. VA originally had me at 90% VA / 10% DOD. I did those two things above and it was 100% VA / 30 % DOD on first look by the PEB.
submitting your own records to your claim is almost always the best bet here. Your rater 100% will look at it and is worked for me multiple times. I had a nerve condition deferred and they wanted to schedule additional appointments based on my C&P. I submitted supporting records and VA cancelled the additional appointments and support the claim now.
pretty easy these days. Just pull your records off Tricare Online and then upload to VA.gov. Maybe a few hours of your time can save you months of hassle.
You can also contact the VA White House hotline and submit a ticket regarding those errors. I did that and it got the VA to reassess my claim BEFORE it got to the PEB so I ended up not having to appeal. VA originally had me at 90% VA / 10% DOD. I did those two things above and it was 100% VA / 30 % DOD on first look by the PEB.
submitting your own records to your claim is almost always the best bet here. Your rater 100% will look at it and is worked for me multiple times. I had a nerve condition deferred and they wanted to schedule additional appointments based on my C&P. I submitted supporting records and VA cancelled the additional appointments and support the claim now.
pretty easy these days. Just pull your records off Tricare Online and then upload to VA.gov. Maybe a few hours of your time can save you months of hassle.
I was in a similar situation. My DBQ general provider forgot to check off that I use biologics/humira for my psoriasis. Solely based on my psoriasis condition I would have been VA rated at 0% because the humira keeps it in check. However, my prolonged use of humira means I get rated at 60%. I saw my DBQ exams on Tricare Online in the document section. Found the mistake and immediately called my MSC. My MSC called the VA and requested an addendum to correct the mistake. I also called the provider, their number is on the DBQ exam, and explained the situation. The provider was extremely understanding and apologetic. Once VA contacted her about the addendum, the provider called me and went line by line on her response. I gave the thumbs up and she submitted it. This was done in about about two weeks. The provider submitted the original DBQ on Feb 9 and then submitted the addendum on Feb 22. The provider also missed something on another exam but corrected it too. It would have cost me 20%.
I don’t know for sure if I got the exact ratings I wanted for the above conditions cause I’m still waiting on my DA 199. But I got a preliminary ratings letter from VA which rated me at 100%. So I assume everything went as expected since that was what I calculated I would get in addition to my other conditions.
I would get your regular doc to complete a DBQ, as suggested above. Then have your MSC add it to your record. Keep a copy of the DBQ and records of how it was transmitted to the VA. If you are found unfitting at 0% for miagraines, you can file a VARR.
I might add you should contact service provided PEB counsel ASAP.
Big piece here. That counsel is there for you to use and they are on your side. Contact counsel and get them involved.