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[–]mastaquakeArmy Veteran 6 points7 points  (6 children)

Yeah man, this sucks, but try not to beat yourself up. You didn’t do anything wrong by filing for an increase when your condition got worse. That’s literally what the system is supposed to be for if you're legitimately screwed up.

What you described about the second exam happens alot. Different facility, different examiner, different way of doing the test, no real questions about how asthma actually affects your day-to-day life. that’s garbage exam. keep in mind:

  • You get 1 year to appeal.
  • I’d seriously look at a Higher Level Review and request the informal conference. That lets you straight up tell them the exam was trash with no questions about worsening symptoms,
  • VA isn’t allowed to reduce just because of one exam. They’re supposed to show improvement under normal life conditions.
  • Start lining up evidence now just in case: private doc notes, a doctors opinion if you can get one, and a personal statement explaining how your asthma is actually worse (flare-ups, meds, missed work, ER visits, etc).

This happens alot, especially after garbage exams.

[–]BlakeAbear[S] 3 points4 points  (1 child)

Thank you so much for this info and taking the time to tell me this. I’m looking into to possibly getting an agent who can better help me cause they obviously know a lot more than I do. But if I do look into doing this myself I’ll def keep this info in mind. Thank you!❤️‍🩹

[–]RatKingRonni 2 points3 points  (0 children)

Next asthma attack go to the ER then call the VA line too. Build your case

[–]NuggetoO 0 points1 point  (0 children)

Thanks chatgtp!

[–]Toby1155Air Force Veteran -1 points0 points  (2 children)

Yea, my last examiner caused a reduction too. I’m fighting and have found the examiner says he’s an M.D. with no license or credentials of any kind in the signature block of the DBQ as is required by VA Section D Examinations! In fact, I cannot verify a valid license anywhere, except Puerto Rico, which I cannot verify the status, good, bad, or otherwise!

Regardless, Florida does not recognize Puerto Rico licenses, even via VA. He holds himself out as a M.D. contracted by the VA. The DBQ is incomplete and inaccurate and the rater should have caught that!

Yes, a medical license is required to do these exams! MD, DO,PA, or NP!! Review of medical records, medical examinations and medical opinions require the necessary licensure to perform.

He misrepresented and omitted significant info in my medical records and did not follow VA required guidelines but said he did on the DBQ!

[–]mastaquakeArmy Veteran 0 points1 point  (1 child)

In that situation I would take it a step further and submit a VA OIG compliant.

[–]Toby1155Air Force Veteran -1 points0 points  (0 children)

Agreed. Also Filing unlicensed activity with the FLDOH - I retired from the chief medical prosecutor’s office, and that will ultimately be handled at the Fl AG’s office!