"You Failed to Report for Your VA Examination"
The rule and the split
38 CFR § 3.655(b) distinguishes original compensation claims, which are decided on the existing evidence, from claims for increase and reopened claims, which are denied. The practical result is that a missed exam can end a for increase without any consideration of the merits.
Good cause
The presumption of regularity assumes VA mailed the notice properly, but that presumption can be rebutted by clear evidence — for example, a documented address change filed before the notice date. Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013), addresses how the presumption operates in exam-notice cases.
- Illness or hospitalization of the claimant or an immediate family member.
- A death in the family.
- Failure of notice — the appointment letter was sent to an outdated address of record, or was mailed too late to be received.
- scheduling errors, including appointments cancelled or relocated without notice.
How to respond
- Write to VA promptly stating why you missed the examination and asking that it be rescheduled, with documentation attached.
- Confirm the address of record on file, since a stale address is both the cause and the proof.
- If the was already denied, a with the good-cause evidence, or a where notice was defective on the face of the record, are the available lanes.
Frequently Asked Questions
References & sources
- 38 CFR § 3.303 — Principles relating to service connection — Code of Federal Regulations
- 38 CFR § 3.159 — VA's duty to assist — Code of Federal Regulations
- 38 CFR § 3.2500 — Review of decisions (AMA lanes) — Code of Federal Regulations
- Caluza v. Brown, 7 Vet. App. 498 (1995) — U.S. Court of Appeals for Veterans Claims · Sets out the three elements of service connection.
Useful Tools & Topics
Have questions about your specific case?
Every veteran's facts are different. A free initial consultation with a VA-Accredited Claims Agent can tell you whether your matter is a fit for representation — and what the right next step looks like either way.
Disclaimer: This page is for educational purposes only and does not constitute legal advice. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs. No guarantees of outcomes are made. Each claim is decided on its individual facts.
Related guides
"Pre-existing condition not aggravated by service"
The presumption of soundness, the clear-and-unmistakable-evidence standard, and what aggravation means under 38 CFR § 3.306.
"No evidence of an in-service event or injury"
When service treatment records are silent — lay evidence under Buchanan, personnel records, and the combat presumption in 38 U.S.C. § 1154(b).
"Not proximately due to a service-connected disability"
Secondary service connection and aggravation under 38 CFR § 3.310, and the baseline problem that sinks most secondary denials.
Your VA Exam Scheduling Letter
What the C&P scheduling notice means, what happens if you miss it under 38 CFR § 3.655, and how to reschedule without a denial for failure to report.