55 And Older

[JOHN1]

In what cases does your age (55 plus) have to do with re-exams. I read this somewhere on the board but could not find it. Am I thinking of something else maybe regarding the 55 yr old rule, if there is one??

John

[Josephine]

John 1,

I am only answering from my experience.

I had a C&P when I was 60 and then again at age 64.

[Pete53]

John 1,

I am only answering from my experience.

I had a C&P when I was 60 and then again at age 64.

That is because you are a young 60's. They gave up on me in my 50's

[murph]

In what cases does your age (55 plus) have to do with re-exams. I read this somewhere on the board but could not find it. Am I thinking of something else maybe regarding the 55 yr old rule, if there is one??

John

There is a 55 and over rule and a 5 year rule if disability is static,I would ask why i was being called in for exam and tell them you are over 55,but remember nothing is set in stone,if they say you have to take exam do it.

[murph]

There is a 55 and over rule and a 5 year rule if disability is static,I would ask why i was being called in for exam and tell them you are over 55,but remember nothing is set in stone,if they say you have to take exam do it.

John 1

38 CFR 3.327 ( re exams

You will find the 55 rule

[carlie]

http://ecfr.gpoaccess.gov/cgi/t/text/text-...134&idno=38

§ 3.327 Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability.

Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect.

Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations.

Paragraphs (b) and © of this section provide general guidelines for requesting reexaminations,

but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation,

at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases —

(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested.

In service-connected cases, no periodic reexamination will be scheduled:

(i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

© Pension cases.

In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested.

In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case.

In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Cross Reference:

Failure to report for VA examination. See §3.655.

[26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995]

[Josephine]

John 1,

This one is me.

In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Too many years of retro, but I got it.

Betty