Reexam?

Question:

Jim, If you are 55 or older are you required to attend a reexamination with the VA? I’m not sure exactly what 38 CFR 3.327 is saying. I have two disabilities they are wanting to review at the same time. Loss of kidney from cancer (Lejeune) water, and prostrate cancer agent orange. Also receiving SMC for scars from kidney removal. Thank you

 

Jim's Reply:

Yes, any time VA asks that you attend an examination you should go and not fuss about it. Some reexams are more about quality controls, crossing t's and dotting i's in paperwork than anything else. Other reexams will discover things missed that are favorable to you. I was called to a reexam some 25 years after the rating had occurred. The examining doctor had no clue why I was there and neither did anyone else.


He examined me, made notes to the file and I went on to lunch on the VA dime (woohoo travel pay) and didn't think much about it. Many months later I got a letter telling me my rating hadn't changed and nothing else. To this day I have no clue.


If you skip an exam or raise too much of a fuss, bad things could happen. If the exam is to settle a legit issue VA will default to whatever is in favor of VA and you lose. If the exam is to settle a question of quality control, nothing is likely to happen when you go.


In the end, when summoned...just go. In this instance doing as you're asked to do is not only the path of least resistance, it makes sense to hush and see what VA is up to. Good luck!