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3.326 Examinations.

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Guest allanopie


Guest allanopie

3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where the reasonable probability of a valid claim is indicated in any claim for disability compensation or pension, whether as an original claim, a reopened claim, or a claim for increase, including claims for benefits under the situations set forth in 3.351(d) and (e) and for benefits based on the need of a veteran, surviving spouse, or parent for regular aid and attendance and for benefits based on a child's incapability of self-support, a Department of Veterans Affairs examination will be authorized. Individuals for whom examinations have been authorized and scheduled are required to report for such examinations.

(:) ``Reasonable probability'' may be concluded from the facts of the situation including medical and lay evidence and from the observations of the rating board made upon personal appearance by the claimant before it. The term ``reasonable probability'' will be interpreted liberally to permit simultaneous development of evidence including requests for examinations and for service records. The requirement of the term may be satisfied by the statement of a private physician.

© Any hospital report and any examination report from a military hospital or from a State, county, municipal, or other government hospital or recognized private institution which indicates reasonable probability of a valid claim and which contains descriptions, including diagnoses and clinical and laboratory findings, adequate for rating purposes, of the condition of the organs and body systems for which claim is made may be deemed to be the ``Department of Veterans Affairs examination'', referred to in paragraph (a) of this section. However, rating action which would result in denying monetary benefits to a former prisoner of war will not be made without a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

(d) A statement from a private physician that includes clinical manifestations and substantiation of diagnosis by findings of diagnostic techniques generally accepted by medical authorities, such as pathological studies, X-rays, and laboratory tests as appropriate, may be accepted for rating any claim without further examination, provided it is otherwise adequate for rating purposes.

(Authority: 38 U.S.C. 5125)

[36 FR 14467, Aug. 6, 1971, as amended at 40 FR 56435, Dec. 3, 1975; 55 FR 49521, Nov. 29, 1990; 59 FR 35851, July 14, 1994; 60 FR 27409, May 24, 1995]

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