Okay, there has been some good discussion on the original post and some good information put out.
Here are some comments:
In some respects, the question in the original post is not framed well. Why? Because it is framed in the abstract and does not address whatever the original poster is trying to do and/or what problems faced in achieving what they want.
I concur with scoutCC's comments.
The "real issue" is whether the VA can rely on "old exams" to make a decision. Recall that the VA has a statutory (and regulatory) duty to assist Veterans in developing their claims.
38 U.S. Code § 5103A - Duty to assist claimants (
https://www.law.cornell.edu/uscode/text/38/5103A );
38 CFR 21.1032 -VA has a duty to assist claimants in obtaining evidence.(
https://www.law.cornell.edu/cfr/text/38/21.1032),
Exams must be sufficient for making a determination on the claim(s):
"§3.326 Examinations.
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 reopened 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))"
A few further thoughts....there may be issues that impact "faster" adjudication of claims, such as submitting a Fully Developed Claim.
http://www.benefits.va.gov/fdc/
So, to sort of "corral" some of the issues, if you submit earlier exams and they are accepted and the result is an outcome you hoped for, then no problem. The timeliness did not matter. if the result was poor, but based on the earlier exam, and you think you need a new exam, then there is a potential for appeal on that point. (The issues start to also break down and implicate as to whether the issue is factual- and, therefore, perhaps, dependent on facts that need to be addressed in the exam- or whether the issue is legal; i.e., the exam stated the facts correctly, but the VA came to the wrong conclusion based on legal issues.
And then someone posted a new question about a separate rating issue...so, I won't address that question. Hijacking of threads and posts really causes confusion and makes searching for issues harder. If you have a question about your own case, start a new thread.
