From the David Koresh
Memorial VARO in Whacko
Yessirree, Bob. You heard it here. When the very first DBQ was put out for use in late 2011, I warned that it had no signature block for a nexus. In no place was there a designated area to record this important element to substantiate a relationship to the disease claimed. It took several years for one to make it back up the ladder, but nevertheless it has arrived with the same anticipated error.
The only VA examination report of record that has been prepared for the purpose of addressing this specific issue is a September 2012 VA examination report. That VA examination report finds that the Veteran’s chronic renal failure has not been caused by his hepatitis C. Within the Disability Benefits Questionnaire (DBQ) format, the September 2012 VA examiner checked the box to indicate that “The claimed condition is less likely than not (less than 50 percent probability) proximately due to or the result of the Veteran’s service connected condition.” The rationale, in pertinent part, explains that the specific history of the Veteran’s chronic renal failure “is consistent with an acute infection and dehydration etiology.” Significantly, neither the examiner’s DBQ response nor the examiner’s discussion of rationale addresses the critical question of whether the Veteran’s chronic renal failure may have been permanently aggravated in severity by the Veteran’s service-connected hepatitis C. For this reason, the September 2012 VA examination report is inadequate for the purposes of providing medical evidence addressing the theory of secondary service connection at issue.
When apprised of this during the memorable Filner/ Hickey tête à tête way back when in June of last year, the blonde General acknowledge that was a wee problem and promised to fix it. I guess some slipped through the cracks. So we have to guess that here, the Vet managed to get it filled out and submit it but that it had no place for the nexus by his doctor. Being electronic in nature, a new page can be inserted to fix that pesky nexus hole. Et. Voilà! A nexus is born in Texas.
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 
Praise for Judge Peevy, who writes:in the Remand section “Significantly, neither the examiner’s DBQ response nor the examiner’s discussion of rationale addresses the critical question of whether the Veteran’s chronic renal failure may have been permanently aggravated in severity by the Veteran’s service-connected hepatitis C. For this reason, the September 2012 VA examination report is inadequate for the purposes of providing medical evidence addressing the theory of secondary service connection at issue. Once VA undertakes the effort to provide an examination when developing a service-connection claim, even if not statutorily obligated to do so, it must provide an adequate one or, at a minimum, notify the claimant why one will not or cannot be provided. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007).”
I suppose the VA can call it a “wee problem” but I prefer to use the medical term “chronic renal failure”.