VA Reexamination Notices: When VA Can Schedule One
What the exam can and cannot lead to
A reexamination alone does not change anything. If the findings suggest improvement, VA must still go through the 38 CFR § 3.105(e) proposal process, with the 60-day and 30-day windows, before any reduction takes effect — and for long-standing ratings, the stricter § 3.344 review applies.
Adequacy matters. Under Barr v. Nicholson, 21 Vet. App. 303 (2007), an examination is adequate only if it is thorough, based on an accurate history, and supported by sufficient detail for rating purposes. An examination that omits required measurements, ignores flare-ups under DeLuca v. Brown, 8 Vet. App. 202 (1995), or misstates the history is challengeable.
If the notice arrives
- Confirm the address and the scheduling channel; notice defects are a recurring problem when a has moved.
- If a listed exemption applies, say so in writing and identify the regulation and the dates that establish it.
- Bring current treatment records and, where relevant, a symptom log describing frequency and functional impact rather than only a good-day snapshot.
- If the appointment cannot be kept, request rescheduling before the date and document the reason — 38 CFR § 3.655 turns on good cause.
Fee rules
An accredited agent or attorney may charge a fee only for work performed after VA issues a decision on the (38 U.S.C. § 5904(c)(1); 38 CFR § 14.636(c)). Fees must be reasonable, disclosed in writing, and filed with VA. Nothing here predicts an outcome in any individual case.
Check the notice against the § 3.327(b)(2) exemptions
| If your record shows this | What it means |
|---|---|
| The disability is static with no expected improvement | A listed exemption from routine future examinations. |
| Symptoms unchanged for 5 years or more | A listed exemption; state the dates and the records that establish them. |
| You are over 55 | Exempt except in unusual circumstances. |
| The rating is the scheduler minimum, or a reduction would not change the combined rating | Exempt — reexamination serves no rating purpose. |
| You cannot attend on the scheduled date | Request rescheduling in writing before the date; 38 CFR § 3.655 turns on good cause. |
Frequently Asked Questions
References & sources
- 38 CFR § 3.105 — Revision of decisions (reduction and severance procedure) — Code of Federal Regulations
- 38 CFR § 3.343 — Continuance of total disability ratings — Code of Federal Regulations
- 38 CFR § 3.344 — Stabilization of disability evaluations — Code of Federal Regulations
- 38 CFR § 3.951 — Preservation of disability ratings — Code of Federal Regulations
- 38 CFR § 3.957 — Service connection protected after 10 years — Code of Federal Regulations
- 38 CFR § 3.327 — Reexaminations — Code of Federal Regulations
Useful Tools & Topics
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