M21-1 Manual / Part IV, Subpart ii, Chapter 1, Section B
Control of Future Examinations
M21-1, Part IV, Subpart ii, Chapter 1, Section B
Overview
In This Section | | This section contains the topic “Control of Future Examinations.” |
1. Control of Future Examinations
Introduction | | This topic contains information about controlling future examinations, including - types of future examination controls
- establishing future examination control
- in a rating decision, and
- without a rating decision
- requirement for review examination control when benefits are not paid
- action when the control period for the future examination matures, and
- reviewing end products (EPs) 310 for permanency.
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IV.ii.1.B.1.a. Types of Future Examination Controls | | Future examination control may be established through- completion of a rating decision
- establishment of a future, diary end product (EP) 310, or
- use of the DIARY function in the Veterans Benefits Management System (VBMS).
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IV.ii.1.B.1.b. Establishing Future Examination Control in a Rating Decision | | Use the table below for information on establishing future examination control in a rating decision completed using VBMS - Rating (VBMS-R).| If a future examination … | Then, in the EXAMINATION INFORMATION section of the ISSUE MANAGEMENT tab and SPECIAL ISSUE & EXAMINATION INFORMATION chevron, … |
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| should be scheduled immediately, or during the current month | select AT ONCE. | | should be scheduled at a later date | - select FUTURE DATE, and
- enter the future examination date in the FUTURE DATE field.
Note: The earliest date allowed is the first day of the following month. If an earlier examination is required, select AT ONCE. | | is not warranted | select STATIC DISABILITY (NO EXAM). |
References: For more information on- decisional entry in VBMS-R, see the VBMS Rating User Guide
- examination requests, see M21-1, Part IV, Subpart i, 2.A, and
- determining the need for review examinations, see M21-1, Part IV, Subpart ii, 1.A.
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IV.ii.1.B.1.c. Establishing Future Examination Control Without a Rating Decision | | Use the table below to determine how to establish future examination control when the rating activity determines that a review examination is necessary, but control is not established by a rating decision.| If ... | Then establish control by using... |
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- there is an active corporate record, and
- another future examination diary is not currently pending
| the ADD NEW DIARY button in VBMS with a diary reason Future Physical Examination.Note: A future examination diary cannot be added for a date greater than five years in the future. | - there is not an active corporate record, and
- the examination date is neither
- less than 10 days in the future, nor
- greater than one year in the future
| a future pending issue under EP 310, established in VBMS. | | the future examination cannot be controlled by either method described above | a local diary.Note: Individual regional offices may exercise discretion in the manner in which they control these cases. |
Reference: For more information on establishing future examination control in VBMS, see the VBMS Core User Guide. |
IV.ii.1.B.1.d. Requirement for Review Examination Control When Benefits Are Not Paid | | It is necessary to control and conduct future review examinations, when deemed appropriate, in cases where no monetary benefits for compensable disability ratings are paid (for example, when a Veteran elects military retired pay (MRP) in lieu of disability compensation) because the protective provisions of 38 U.S.C. 110 and 38 CFR 3.951 do not require a concurrent award of monetary benefits. References: For more information on |
IV.ii.1.B.1.e. Action When the Control Period for the Future Examination Matures | | Upon maturation of any future review examination control, refer the claims folder for review by- the rating activity, or
- a locally designated claims processor with expertise in review examination ordering.
Note: The future review examination control described above may include any of the following:- an 810 series work item
- a locally established diary, or
- an automatically established EP 310, Routine Future Exam.
Follow the steps in the table below upon review of matured review examination controls.| Step | Action |
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| 1 | Is it necessary to advance the date of the examination(s) in question? - If yes, go to the next step.
- If no, go to Step 3.
| | 2 | Use the table below to determine the appropriate action. | If the pending reexamination control is an ... | Then ... |
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| EP 310 | - change the EP control to an EP 330
- establish a new future examination control
- using VBMS diary reason Future Physical Examination, and
- entering the associated diagnostic code(s) (DC(s)) in the COMMENT field
- add a system note including the
- reason(s) for postponing, and
- new future examination date
- do not prepare or refer for preparation of a rating decision
- clear EP 330, and
- disregard the remaining steps in this table.
| | 810 series work item | - clear the work item
- establish an EP 330 using the date of the 810 series work item as the date of claim (DOC)
- establish a new future examination control
- using VBMS diary reason Future Physical Examination, and
- entering the associated DC(s) in the COMMENT field
- add a system note including the
- reason(s) for postponing, and
- new future examination date
- do not prepare or refer for preparation of a rating decision
- clear EP 330, and
- disregard the remaining steps in this table.
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| | 3 | Use the table below to determine the appropriate action.| If the pending reexamination control is an ... | Then ... |
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| EP 310 | go to the next step. | | 810 series work item | - establish EP 310
- use the date on the 810 series work item as the DOC
- ensure the SUPPRESS ACKNOWLEDGEMENT LETTER checkbox is selected
- clear the 810 series work item, and
- go to the next step.
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Notes: - Do not establish a separate EP 310 if another rating EP is already pending for the specific disability under review. Instead, complete all necessary action under the existing EP.
- If a beneficiary submits a claim for the same specific disability under review while EP 310 is pending for reexamination purposes,
- cancel EP 310, and
- establish the appropriate alternative rating EP for control and completion of all necessary development actions.
| | 4 | Is it necessary to proceed with the examination(s) in question?- If yes, request any and all examinations needed.
- If no, prepare or refer for a rating decision to establish permanency in accordance with procedures outlined in M21-1, Part IV, Subpart ii, 2.A.
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References: For more information on- disposition of an 800 series work item after review, see M21-4, Appendix B, 4.c, and
- determining the need for review examination, see
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IV.ii.1.B.1.f. Reviewing EPs 310 for Permanency | | An EP 310, Permanent and Total Determination, will generate on a recurring basis when the corporate record of a Veteran who has a combined 100-percent service-connected (SC) evaluation does not reflect either- eligibility to Chapter 35 benefits, or
- a future review examination diary/control.
If an EP 310 is pending for this situation, the claims folder must be reviewed to determine if- a review examination is needed, or
- the specific disability can be identified as permanent and total, and Chapter 35 eligibility addressed in a rating decision.
Use the table below to determine what actions to take in response to EPs 310 generated in these circumstances. | If the absence of Chapter 35 eligibility and/or routine future examination ... | Then ... |
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| has been resolved by rating action since the time of the EP 310’s generation | - cancel EP 310, and
- add a permanent note in VBMS, explaining why no action was necessary.
| | exists because the 100-percent disability in question has been granted under the provisions of 38 U.S.C. 1151 | - activate the 1151 P&T corporate flash to prevent the unnecessary generation of future review tasks, and
- cancel EP 310.
Reference: For more information on accessing corporate flashes, see the VBMS Core User Guide. | | leads to the conclusion, upon review, that additional future examination(s) of one or more SC disabilities is/are required before the case may be rated as to permanency | - establish future examination control in accordance with procedures discussed in M21-1, Part IV, Subpart ii, 1.B.1.c
- cancel EP 310, and
- add a permanent note in VBMS to explain the actions taken.
| | involves none of the variables outlined in rows above | - order any examinations deemed necessary, and
- complete a rating decision under EP 310, addressing the targeted disability's evaluation and/or permanency, as appropriate.
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Notes:- EPs 310 will continue to be generated for cases that have no existing controls in place and will appear on monthly reports.
- Prepare a rating decision whenever permanency is established, whether based on new evidence and/or cancellation of a future examination.
- Notify the Veteran whenever Chapter 35 is granted for the first time.
References: For more information on - rating considerations under Chapter 35, see M21-1, Part XIII, Subpart i, 1.A, and
- former use of EP 684 in connection with permanency reviews, see the attachment, Historical_M21-1III_iv_3_SecC_2-20-19.docx.
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Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part IV, Subpart ii, Chapter 1, Section B (U.S. government work, reproduced for reference). Browse all sections →