Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

5.20 Medical Evidence Of Probable Entitlement

Rate this question


Guest allanopie

Question

Guest allanopie

M21-1-3 Claims Development

5.20 MEDICAL EVIDENCE OF PROBABLE ENTITLEMENT

a. General. A private physician's statement meeting the requirements of 38 CFR 3.326(d) or a hospital or examination report from any of the sources provided in 38 CFR 3.326© may be accepted for rating purposes if it is adequate. In all cases, permit simultaneous development of evidence [38 CFR 3.326(;)]. Both lay statements and medical reports of treatment by an attending physician, if available, may be used.

b. Prompt Submission to the Rating Activity. Evidence or current disability may be contained in reports from a VA or a non-VA medical facility at VA expense or in evidence already of record showing the existence of a chronic condition likely to interfere with employability. If so, submit the claim to the rating board.

c. Requesting Medical Information from Social Security Administration. When considering a claim for pension if there is indication that the veteran is receiving disability Social Security benefits, request copies of the medical records on which the SSA decision was based. See chapter 9 for instructions on making this request.

d. Procurement of Evidence. In the absence of any of the conditions listed in subparagraph b above, medical evidence must be provided before the claim is referred to the rating activity or a VA physical examination is ordered. Follow the procedures in paragraph 1.02 re steps to take to fulfill VA’s duty to assist the claimant. If necessary evidence is not received, deny the claim for record purposes and notify the veteran that the evidence must be provided to reopen the claim.

Link to comment
Share on other sites

  • Answers 0
  • Created
  • Last Reply

Popular Days

Popular Days

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use