🎖️ VALOR

Our Attorneys Reveal the #1 Mistake Veterans are Making with Their Appeals

In this video, our experts dive into one of the most common questions veterans ask: "How many times can I appeal a VA decision?" The answer lies not in the number of appeals, but in filing the right type of appeal within the required deadlines. 

Learn how different appeal options—like Higher-Level Reviews, Supplemental Claims, and Board Appeals—work, and discover why patience, strategy, and submitting new evidence are key to navigating the VA's system (aka the "hamster wheel").

Find out how to keep your claim moving forward and protect your effective date. 

⚖️ EXPERTS

When is a VA Exam Not Needed? What It Means for Your Disability Claim 

For many veterans filing VA disability claims, attending a Compensation and Pension (C&P) exam is a standard part of the process. However, in some cases, the VA may decide that an exam isn’t necessary, allowing the claim to move forward more quickly. But why does this happen, and what does it mean for your claim and benefits? 

In this article, we’ll break down when and why a VA exam request may no longer be required, how it impacts your claim, and what steps you can take if you disagree with the VA’s decision. 

Understanding the “We Closed the Notice for Exam Request” Update 

If you’ve seen the phrase “We closed the notice for exam request” on your VA claim, it’s an internal update from the Veterans Benefits Administration (VBA). This update typically indicates one of the following scenarios: 

• An exam will be scheduled later: The VA is still reviewing your claim, and a C&P exam may be requested at a later date. 

• A previous C&P exam was canceled: If an exam was scheduled but no longer deemed necessary, the request might be closed. 

• Sufficient evidence already exists: The VA determined that they have enough information to decide your claim without requiring additional input from a C&P exam. 

Veterans don’t need to take action in response to this notice. If the VA requires further information, they will notify you by mail or contact your accredited representative. 

Why the VA Requests C&P Exams 

C&P exams are a critical step in the VA claims process for many veterans. These exams help the VA: 

• Confirm the connection between your disability and your military service. 

• Assess the severity of your condition. 

• Determine the appropriate disability rating for your claim. 

However, under certain circumstances, the VA may decide an exam isn’t necessary if they have sufficient evidence in your file to make a decision. 

Reasons a VA Exam Request May Be Skipped 

Several factors can lead the VA to bypass a C&P exam during the claims process: 

1. Sufficient Evidence in Your File 

If your medical records, service records, or private medical opinions already provide enough evidence to establish a service connection or rate your condition, the VA might decide an exam isn’t needed. 

2. Ongoing Treatment Records 

Detailed documentation from private or VA healthcare providers may eliminate the need for an additional examination if the records clearly outline the nature and severity of your disability. 

3. Fully Developed Claim (FDC) 

Veterans who submit a fully developed claim with all required evidence—including medical records, opinions, and lay statements—may avoid the need for a C&P exam. The VA can use the existing documentation to make a decision. 

4. Presumptive Conditions 

For certain presumptive conditions, such as those related to Agent Orange exposure or Gulf War Syndrome, the VA assumes a service connection. In these cases, they may not require a C&P exam to confirm the link between your condition and your service. 

5. Increased Rating Claims 

If your claim is for a worsening of an already service-connected condition, and recent medical records sufficiently document the increased severity, the VA might bypass the need for an additional exam. 

Exceptions: When a C&P Exam May Still Be Required 

While many claims can move forward without an exam, certain cases may still require one: 

• Claims for Total Disability Based on Individual Unemployability (TDIU): These claims often require a detailed assessment of how your disability impacts your ability to work. 

• Complex Claims: Conditions related to Gulf War Syndrome or other multisymptom illnesses may require specialized Disability Benefits Questionnaires (DBQs). 

• Pension Claims Filed Long After Service: For some pension claims, the VA may need an updated exam to verify eligibility. 

How Skipping a C&P Exam Affects Your Claim 

If the VA closes an exam request, it often means your claim will proceed more quickly. Scheduling and attending a C&P exam, followed by the VA’s review of the results, can add weeks or even months to the claims process. By skipping this step, the VA can move directly to making a decision, potentially reducing wait times. 

However, the absence of an exam does not guarantee approval. The VA’s decision will be based entirely on the evidence already in your file, making it essential to submit strong and comprehensive documentation when filing your claim. 

What to Do If You Disagree with the VA’s Decision 

If your claim is denied or you believe the VA made an error, it’s important to take action: 

Request a Higher-Level Review 

A higher-level review involves a senior claims reviewer who will reassess your case. This review does not allow for new evidence but ensures that the VA thoroughly examines the existing records. 

File a Supplemental Claim 

If you have additional evidence that strengthens your case, such as updated medical records or a new nexus letter, you can submit a supplemental claim for consideration. 

Appeal to the Board of Veterans’ Appeals 

For unresolved disputes, you can appeal to the Board of Veterans’ Appeals. This step often involves a more detailed review of your claim and can include a hearing. 

Seek Professional Guidance 

The decision to close a VA exam request often means that the VA believes they have enough evidence to process your claim without the need for a C&P exam. If your claim was denied or your rating doesn’t reflect the severity of your condition, contact us for a free case evaluation. Let us fight to secure the benefits you’ve earned. Call us today at (855) 494-1298. 

🦅SUPPORT

Attention: Join us today at 1400 hours EST for a new livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 30 minutes prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

Were You Exposed to “Forever Chemicals” in Your Water Supply?

PFAS, also known as “forever chemicals,” are synthetic substances widely used in firefighting foams, water-resistant products, and industrial applications. These chemicals have been found in dangerously high concentrations in some water supplies, including on or near military bases. Learn if your military base was impacted using our Toxic Exposure Map.

Exposure to PFAS has been linked to severe health conditions, such as:

• Testicular Cancer

• Kidney Cancer

• Ulcerative Colitis

• Liver Cancer

If you or a loved one lived or worked in areas with PFAS contamination and have been diagnosed with any of these conditions, you may qualify for compensation.

Act now. Contact us today at (855) 494-1298 to learn more about your options or to begin your claim. You’ve served your country; let us serve you.

🗺️ TACTICS

Veteran’s Success in Securing Multiple Disability Ratings Under the PACT Act

Note: All identifying details have been changed to protect privacy. This case is based on examples from the BVA database.

A Vietnam War-era veteran, who served from August 1967 to March 1969, sought service connection for several conditions attributed to Agent Orange exposure during his time in Thailand. These conditions included Type II diabetes mellitus, diabetic neuropathy, diabetic retinopathy with cataracts, erectile dysfunction, bilateral hearing loss, and tinnitus. The veteran’s exposure to herbicides was presumed under the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act. 

Initially, the veteran’s claims were denied, but new legislation and additional evidence led to a successful appeal. This case highlights the impact of the PACT Act in expanding presumptive conditions and underscores the importance of providing comprehensive medical documentation. 

The Outcome 

The Board of Veterans’ Appeals (BVA) granted the following service connections: 

• Type II Diabetes Mellitus (presumptively due to Agent Orange exposure under the PACT Act). 

• Diabetic Neuropathy (secondary to diabetes mellitus). 

• Diabetic Retinopathy and Cataracts (secondary to diabetes mellitus). 

• Erectile Dysfunction (secondary to diabetes mellitus). 

• Bilateral Hearing Loss (directly related to in-service noise exposure). 

• Tinnitus (directly related to in-service noise exposure). 

Additionally, claims for a heart disorder and chronic obstructive pulmonary disease (COPD) were remanded for further development. 

Why Was This Decision Made? 

Service Connection for Type II Diabetes Mellitus 

The veteran’s service records and testimony established that he served on multiple bases in Thailand, including Korat Royal Thai Air Force Base, during the Vietnam War era. The PACT Act presumes exposure to herbicides for veterans who served on Thai bases, eliminating the need to prove direct exposure. 

Medical records confirmed a diagnosis of Type II diabetes mellitus, satisfying the criteria for presumptive service connection under the PACT Act. 

Service Connection for Secondary Conditions 

Several of the veteran’s health issues were determined to be secondary to his diabetes diagnosis: 

• Diabetic Neuropathy: Medical evidence documented tingling, numbness, and decreased sensation in the veteran’s lower extremities, directly linked to his diabetes. 

• Diabetic Retinopathy and Cataracts: VA and private medical records attributed the veteran’s eye conditions to diabetes, supporting secondary service connection. 

• Erectile Dysfunction: Lay testimony and medical records demonstrated that the veteran’s diabetes and its treatment contributed to this condition. 

Service Connection for Hearing Loss and Tinnitus 

The veteran attributed his bilateral hearing loss and tinnitus to noise exposure during his service in Thailand. His duties as a heavy truck driver exposed him to loud military acoustics, including truck engines, aircraft, and other machinery, without proper hearing protection. 

A private audiologist’s opinion established a nexus between the veteran’s current hearing conditions and his in-service noise exposure. Despite a VA examiner’s conflicting opinion, the Board applied the “benefit of the doubt” rule, granting service connection. 

Key Factors in the Decision 

1. Application of the PACT Act: The presumption of herbicide exposure for veterans serving in Thailand was pivotal in securing service connection for diabetes mellitus and related conditions. 

2. Comprehensive Medical Evidence: Diagnoses and treatment records from both VA and private providers substantiated the veteran’s claims. 

3. Lay Testimony: The veteran’s detailed descriptions of his in-service noise exposure and post-service health issues bolstered his case. 

4. Supportive Expert Opinions: A private audiologist’s favorable opinion regarding hearing loss and tinnitus was instrumental in overcoming earlier denials. Wondering if Your VA Rating Reflects Your Condition?

New legislation like the PACT Act can significantly impact veterans’ claims. If you’ve been exposed to toxins during your service or believe your current rating doesn’t reflect your condition, don’t hesitate to seek assistance. 

Use our VA Disability Calculator to see if your current rating aligns with your level of disability and explore potential increases based on any secondary conditions you may have. Calculate Your VA Disability Rating Now!