DBQ confusion

On a few of my DBQs I shows at the bottom that “there is no symptoms, & findings to associate with a diagnosis” but it still shows it as affecting my ability to work. Will I still possibly receive benefits for this “unknown condition”?

Ref: For the claimant's claimed condition of ***** there is no diagnosis because There are no findings, signs and/or symptoms to support a diagnosis
 
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A diagnosis is generally required for benefits to be awarded.
 
chaplaincharlie said:
A diagnosis is generally required for benefits to be awarded.
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I agree.

With regard to, "...there is no diagnosis because There are no findings, signs and/or symptoms to support a diagnosis" ; that begs the rhetorical question, How can a rating be provided for a condition that does not exist based on zero evidence? A diagnosis and rating are required for benefits.

Good luck,
Ron
 
chaplaincharlie said:
A diagnosis is generally required for benefits to be awarded.
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Sorry to hijack this conversation but I have had a lingering question in my head that somewhat relates to this. My wife had one DBQ that stated less likely that condition was due to military service. However, she has been in 19 years so wouldn't the condition automatically be considered service connected?
 
Provis said:
Sorry to hijack this conversation but I have had a lingering question in my head that somewhat relates to this. My wife had one DBQ that stated less likely that condition was due to military service. However, she has been in 19 years so wouldn't the condition automatically be considered service connected?
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One of my first VA claims, long after I retired, was for asthma. The condition was well-documented in my military medical records as was its onset, 10 years prior to my regular retirement. I did not use a DBQ for that claim. but it was approved without a delay requesting additional proof.

There was no "event" that caused the asthma of course.

Ron
 
RonG said:
One of my first VA claims, long after I retired, was for asthma. The condition was well-documented in my military medical records as was its onset, 10 years prior to my regular retirement. I did not use a DBQ for that claim. but it was approved without a delay requesting additional proof.

There was no "event" that caused the asthma of course.

Ron
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As you know a lot of small issues Soldiers don't go to the doctor for so there were no records. Since she is still in I was wondering if she should talk to her PCM about them so there are some records about those conditions while she is still on active duty.
 
Provis said:
Sorry to hijack this conversation but I have had a lingering question in my head that somewhat relates to this. My wife had one DBQ that stated less likely that condition was due to military service. However, she has been in 19 years so wouldn't the condition automatically be considered service connected?
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If she is AD, yes. 8 year rule applies.
 
Provis said:
As you know a lot of small issues Soldiers don't go to the doctor for so there were no records. Since she is still in I was wondering if she should talk to her PCM about them so there are some records about those conditions while she is still on active duty.
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Many military doctors avoid the "asthma" word in their documentation. Spirometry results should be sufficient to call it what asth
 

10 U.S. Code § 1207a - Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions​


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(a)
In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.
(b)
A member described in subsection (a) is a member with at least eight years of active service.
 
chaplaincharlie said:
A diagnosis is generally required for benefits to be awarded.
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so what are my rights as far as fighting this claim. Because some if not most of the conditions that were listed as “no diagnosis” I have been previously diagnosed with before the QTC appointment. I heard something about IMR & VARR, what are my options and how long do these usually take and when would I be able to follow through?
 
You can complain to the VA about the exam and they may authorize a redo.
 
chaplaincharlie said:

10 U.S. Code § 1207a - Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions​


prev | next
(a)
In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.
(b)
A member described in subsection (a) is a member with at least eight years of active service.
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If you are national guard and receive a dd214 for your time in basic and ait, does that time count as active service?I went active duty later and now am at 7 years looking at an meb but have about 6 months of time in basic training and ait from my time in the guard I wonder if that might count as active service too
 
I would contact JAG and get there opinion in writing.
 
I am not an attorney.
 
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