VA Disability Claims Tele-Health and Tele-Mental Exams
Published February 29, 2020
M21 III.iv.3.D.2.c.
Telehealth and Telemental Health Examinations When VHA elects to conduct a videoconference examination (or telehealth/telemental health examination) in lieu of an in-person examination, assess the report for sufficiency under the same standards applicable to in-person examinations.
Important:
A telehealth or telemental health examination report is only acceptable and actionable for rating purposes when prepared by a VHA or VBA- contracted examiner. Decision makers must not accept in lieu of VA examination any DBQ that has been prepared by a non-VA provider, and completed by means of telephone or videoconference examination.
A mental health DBQ submitted by a private provider and based on a telephone interview with a Veteran is not acceptable or actionable for rating purposes under any circumstances. VHA has determined that, in order to assess a Veteran’s mental health via telemental protocol, examiners must be able to see clearly, and fully appreciate all non-verbal cues, mannerisms, and manifestations displayed by the Veteran in a manner on par with an in-person examination.
Reasonable Doubt Regulations
38 CFR 4.3 Resolution of reasonable doubt:
It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be RESOLVED IN FAVOR OF THE CLAIMANT.
M21 III.iv.5.A.1.j. Reasonable Doubt Rule
The reasonable doubt rule means that the evidence provided by the claimant/beneficiary (or obtained on his/her behalf) must only persuade the decision maker that each factual matter is at least as likely as not.
It is the defined and consistently applied policy of the VA to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant.