e. What the When requesting a medical opinion Medical Opinion clearly state the nature of the opinion required Request Must explain why the opinion is needed, if this would clarify the request, and Contain use a neutral and unbiased tone that gives no indication VA prefers one outcome over another or one specific answer over another. When requesting an opinion in compliance with BVA remand instructions, do not simply refer the examiner to the claims folder containing the remand instructions; explain what you are requesting or quote the instructions from BVA on the medical opinion request. For more information on obtaining evidence in an impartial Reference: manner, see 23 Vet.App. 19, 24, 25-26 (2009). , Continued on next page 7. Requesting a Medical Opinion or Examination, Continued The requester should identify the available evidence to assist the physician in f. Importance of Identifying focusing his/her review. The evidence should be tagged in the claims folder, Evidence the examiner be advised that he/she is not limited to reviewing only but must Relevant to the this evidence. Medical Opinion Avoid the potential problem of steering the examiner to review only Note: Request the evidence pre-selected as relevant since a medical professional may have a differing opinion as to what evidence is relevant and must be limited in not the record review. The identification of the evidence must include a general description of it, indicating the source approximate dates, and subject matter.
e. What the Medical Opinion Request Must Contain When requesting a medical opinion clearly state the nature of the opinion required explain why the opinion is needed, if this would clarify the request, and use a neutral and unbiased tone that gives no indication VA prefers one outcome over another or one specific answer over another. When requesting an opinion in compliance with BVA remand instructions, do not simply refer the examiner to the claims folder containing the remand instructions; explain what you are requesting or quote the instructions from BVA on the medical opinion request. Reference: For more information on obtaining evidence in an impartial manner, see , 23 Vet.App. 19, 24, 25-26 (2009). Continued on next page 7. Requesting a Medical Opinion or Examination, Continued f. Importance of Identifying Evidence Relevant to the Medical Opinion Request The requester should identify the available evidence to assist the physician in focusing his/her review. The evidence should be tagged in the claims folder, but the examiner must be advised that he/she is not limited to reviewing only this evidence. Note: Avoid the potential problem of steering the examiner to review only the evidence pre-selected as relevant since a medical professional may have a differing opinion as to what evidence is relevant and must not be limited in the record review. The identification of the evidence must include a general description of it, indicating the source approximate dates, and subject matter.