2x DBQ incorrect information. Can anything be done?

338reezens

PEB Forum Regular Member
Registered Member
21 years active duty. Was referred for lumbar back issues (herniated disc, etc).
My DBQs were uploaded today, so I went through them and found two were grossly inaccurate.
1. Lower back issues (referred condition). First issue with this DBQ is ROM. Examiner marked 45 degrees flexion. During the exam I barely bent forward, maybe 5 degrees. I haven't been able to bend forward to 45 degrees in over 2 years. He used a goniometer, but I noticed he never took notes after taking the measurements.
Second issue was "no diagnosis for multiple back issues listed". Examiner stated there wasn't any evidence. However, multiple MRIs, Xrays, clinical notes, a neurologist and orthopedic surgeon say otherwise. I didn't make those big words up myself. Lol.

2. Migraines DBQ. Have had debilitating and prostrating migraines for years. I take medication that doesn't always work and can only be taken a few times a week, so there are days a week I can't take the meds when I get a migraine. The only question the examiner asked was where my pain was and went to the next body part issue. I also took my migraine log that showed 24 migraines in 30 days that I either showed up late to work for, played down during work, or left work early to lay down. He marked "does not affect daily activities" and "no prostrating attacks". I honestly thought they uploaded the wrong person's DBQ.

Is there anything that can be done? My MSC says "don't worry about it, imthe DBQs aren't all they look at". Well, yea... I know that, but I would have to assume the DBQs hold some weight or they wouldn't make us do them. So, she is basically not doing anything other than telling me to fill out a 21-4138 to add to my record. PEBLO is like a ghost, so no help there. These 2 claims are my biggest health issues, so I'm not to keen on just letting it all play out, especially since one was my referred condition.
21-438, sworn statement, etc?
 
I had issues with my DBQ. My examiner missed checking certain boxes for my psoriasis (specifically that I was on biologics). I just went to the office and explained the situation, the examiner submitted an addendum with the correction.

There was another DBQ exam in which they missed some of my GI symptoms that were clearly documented in my medical records. Again, I went to the office and inquired about the omission. Again, an addendum was submitted.

I would definitely reach out to the examiner if possible.

Also, DBQs carry significant weight. In many cases, they are the be-all end-all for determining your rating. I would definitely make sure my DBQ is completely accurate.
 
I had issues with my DBQ. My examiner missed checking certain boxes for my psoriasis (specifically that I was on biologics). I just went to the office and explained the situation, the examiner submitted an addendum with the correction.

There was another DBQ exam in which they missed some of my GI symptoms that were clearly documented in my medical records. Again, I went to the office and inquired about the omission. Again, an addendum was submitted.

I would definitely reach out to the examiner if possible.

Also, DBQs carry significant weight. In many cases, they are the be-all end-all for determining your rating. I would definitely make sure my DBQ is completely accurate.
That's what has me irritated. I know they hold a lot weight, but the MSC wants to downplay them.

I wish he just didn't check boxes. He checked boxes that were incorrect and put remarks that were the opposite of what was stated and in records.

I'll be calling them tomorrow, but I dont see much happening in that phone call. Had to call them after their admin called to fill out the questionnaire a week before the exams. She wouldn't let me finish speaking before she moved on to the next claim. It was like I was in the speed round of a game show.
 
In my case, I went to their office. It’s easier than calling. I kindly showed them the discrepancies (I had everything printed out and highlighted). The examiners were typically like no problem! In and out in like 10ish minutes.
 
In my case, I went to their office. It’s easier than calling. I kindly showed them the discrepancies (I had everything printed out and highlighted). The examiners were typically like no problem! In and out in like 10ish minutes.
Either way. I'll be contacting them
 
I can't. They are 6hrs from me. I'm stationed in Florida and being that I'm Army...I have to go through Fort Stewart.
That’s unfortunate. My DBQ was like 15 min away. I would hound them until it’s 100% accurate. They make the forms align with VASRD, so rating is easier and standardized. But it makes these forms extremely crucial.
 
The simple answer is that your MSC is categorically wrong. Those DBQ reports are the key items that the VA D-RAS looks to when working up your rating decision for referred and service-connected conditions. Concerning range of motion measurements, you will need two relatively current DeLuca range of motion assessments to offset a bad VA C&P exam regarding joint or spinal issues. Your neurology and PCM records should show the frequency, prostrating nature, and severity of your headaches. Go through your records with your attorney, draft a rebuttal to the bad VA C&P exams on a VA Form 21-4138, and upload it via your MSC along with your supporting evidence showing why these two exams are fundamentally flawed. Again, ignore your MSC, as he or she is simply wrong. It is much easier to try to offset a bad VA C&P exam before your rating is finalized rather than having to contest referred conditions through a VARR and other service-connected conditions after you exit the IDES. This is a technique that I have used when representing clients in the IDES since its inception in 2009 and it works.
 
The simple answer is that your MSC is categorically wrong. Those DBQ reports are the key items that the VA D-RAS looks to when working up your rating decision for referred and service-connected conditions. Concerning range of motion measurements, you will need two relatively current DeLuca range of motion assessments to offset a bad VA C&P exam regarding joint or spinal issues. Your neurology and PCM records should show the frequency, prostrating nature, and severity of your headaches. Go through your records with your attorney, draft a rebuttal to the bad VA C&P exams on a VA Form 21-4138, and upload it via your MSC along with your supporting evidence showing why these two exams are fundamentally flawed. Again, ignore your MSC, as he is simply wrong. It is much easier to try to offset a bad VA C&P exam before your rating is finalized rather than having to contest referred conditions through a VARR and other service-connected conditions after you exit the IDES. This is a technique that I have used when representing clients in the IDES since its inception in 2009 and it works.
I already uploaded a 4138 and an MFR. Scheduling ROM measurements tomorrow with my orthopedic surgeon.
 
I already uploaded a 4138 and an MFR. Scheduling ROM measurements tomorrow with my orthopedic surgeon.
Did this work for you? I had the exact same issue with several DBQs. My lawyer, MSC, and PEBLO said if I disagreed with my exams and examiner report I would be able to correct them during the first review. As we both know that was a lie. I received my ratings and of course they reflect the errors, and I can do little about them. I did demand a Formal PEB, but I can only include the conditions that were found unfit for duty. I'd like to present the inaccuracies within the DBQs, such as conflicting boxes checked, inaccurate comments compared to the boxes checked, and so on. So, I am wondering how effective submitting the VA Form 21-4138 was in your case?
 
Did this work for you? I had the exact same issue with several DBQs. My lawyer, MSC, and PEBLO said if I disagreed with my exams and examiner report I would be able to correct them during the first review. As we both know that was a lie. I received my ratings and of course they reflect the errors, and I can do little about them. I did demand a Formal PEB, but I can only include the conditions that were found unfit for duty. I'd like to present the inaccuracies within the DBQs, such as conflicting boxes checked, inaccurate comments compared to the boxes checked, and so on. So, I am wondering how effective submitting the VA Form 21-4138 was in your case?

It did work for me. I also did a rebuttal at the NARSUM stage concerning my migraines. Honestly, my DBQs didn't hold much weight. My medical records were enough evidence for higher ratings than most of the DBQs reflected.
 
It did work for me. I also did a rebuttal at the NARSUM stage concerning my migraines. Honestly, my DBQs didn't hold much weight. My medical records were enough evidence for higher ratings than most of the DBQs reflected.
That's interesting. I am currently going through by MEB and I see that my NARSUM references conditions and severities that differ from my C&P evaluations. I am wondering how that will effect the VA side.
 
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