For purposes of this section, the term examination includes periods of hospital observation when required by VA.
(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and supplemental claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.
(b) Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.
(c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination.
(Authority: 38 U.S.C. 5107(a))
Cross Reference:Failure to report for VA examination. See § 3.655.
[60 FR 52864, Oct. 11, 1995, as amended at 66 FR 45632, Aug. 29, 2001; 84 FR 170, Jan. 18, 2019]
Notes of Decisions
Cited in
65
cases (
5 in the last 5 years), 1991–2023 · leading case:
Livesay v. Principi, 15 Vet. App. 165 (Vet. App. 2001).
Livesay v. Principi, 15 Vet. App. 165 (Vet. App. 2001).
· cites it 4× “Because the appellant alleged in his 1982 claim that his laryngeal cancer was a result of his POW status, amicus believes that the RO was required, pursuant to 38 C.F.R. § 3.326 (b), to provide the appellant with a medical examination that discussed the etiology of his condition…”
James E. Savage v. Eric K. Shinseki, 24 Vet. App. 259 (Vet. App. 2011).
· cites it 4× “See 38 C.F.R. § 3.326 (d) (1975) (limiting VA’s ability to accept an otherwise adequate private physician’s statement without the need for additional VA examination only “for rating the pension claim of a veteran, widow, or widower, a claim for aid and attendance allowance by a…”
Caffrey v. Brown, 6 Vet. App. 377 (Vet. App. 1994).
“38 C.F.R. § 3.326 (1993); Green v. Derwinski, 1 Vet.”
Olson v. Principi, 3 Vet. App. 480 (Vet. App. 1992).
· cites it 2× “However, he failed to appear for scheduled examinations, even though required to do so under 38 C.F.R. § 3.326 (1991). As a result, the VA was forced to rely upon the available evidence to determine a disability rating.”
Guerrieri v. Brown, 4 Vet. App. 467 (Vet. App. 1993).
“See 38 C.F.R. §§ 3.326 and 3.327 (1992). The availability of care at VA medical facilities means that VA physicians will often be the veteran’s “treating physician.”
Slater v. Brown, 9 Vet. App. 240 (Vet. App. 1996).
· cites it 3× “” As for the Secretary’s exercise of that authority, the appellant points to 38 C.F.R. § 3.326 (1995), which provided at the time the case was before the Board, in pertinent part, as follows: (a) Where the reasonable probability of a valid claim is indicated in any claim for…”
Schroeder v. Brown, 6 Vet. App. 220 (Vet. App. 1994).
· cites it 2× “38 C.F.R. § 3.326 (1993); Green v. Derwinski, 1 Vet.”
Holland v. Brown, 6 Vet. App. 443 (Vet. App. 1994).
“” 38 C.F.R. § 3.326 (a) (1993). Nevertheless, since the matter is being remanded to the Board for readjudication and since appellant will be free to produce additional evidence, appellant has an opportunity to cure the deficiencies in the record by producing evidence addressing…”
Hampton v. Gober, 10 Vet. App. 481 (Vet. App. 1997).
“See 38 C.F.R. § 3.326 (1996); Schroeder v. Brown, 6 Vet.”
Sugrue v. Derwinski, 808 F. Supp. 946 (E.D.N.Y 1992).
“38 C.F.R. § 3.326 . In this case, plaintiff was examined by two neurologists: Dr.”
— 38 C.F.R. § 3.326(c) — 1 case
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