VA Claims RFE/Routine Future Exams

Published April 23, 2020


M21 III.iv.3.B.2.a. Criteria for Requesting Review Examinations

Request a review examination whenever

  • There is a need to verify either the continued existence or the current severity of a disability

  • It is likely that a disability has improved • evidence indicates there has been a material change in a disability

  • The current rating may be incorrect, or • it is otherwise required by the regulation or diagnostic code (DC) under which the Veteran is service-connected (SC).

M21 III.iv.3.B.2.d. When Not to Schedule Review Examinations

Do not establish a future examination control in cases when:

  • The disability is static, without material improvement over five years

  • The disability is permanent in character and of such nature that there is no likelihood of improvement

  • The Veteran is over 55 years of age (except under unusual circumstances or where required by regulation) • the evaluation is the prescribed schedular minimum within its DC

  • The evaluation is 10 percent or less, or

  • The combined evaluation would not change even if the reexamination resulted in a reduced evaluation for one or more disabilities.

Important

  • When deciding if a disability is static or not, only order a future examination if there is objective evidence stating clearly a disability is likely to improve.

  • The principles expressed in this block apply equally to (1) initial routine future examinations and (2) reexaminations requested in the interest of substantiating sustained improvement. Therefore, where one or more of the above criteria are applicable, and the evidentiary record includes a single examination report (or alternative form of medical evidence) portraying improvement in a disability that has persisted at its assigned level of evaluation for five years or longer, do not proceed with scheduling an additional reexamination unless doing so is

  • Required by regulation, or

  • Warranted in light of unusual circumstances, such as in cases of Veterans over age 55.

Disclaimer: I am not an adviser. These videos are for educational purposes only. While it is possible to maximize your benefits, it’s solely your responsibility to become educated on the VA disability compensation claims process. It is imperative that you conduct your own research. I am merely sharing my opinion with no guarantee of any benefits.

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