3.317 entitlement requesting an examination in a Southwest Asia claim, and Notice to Examiners in Southwest Asia Claims. February 16, 2016 Change Date provides that an examination is necessary in cases falling under when there a. When a Gulf War is Examination is Necessary competent lay or medical evidence of a chronic disease (or chronic signs or symptoms of a disease) listed in manifesting within the period specified in , namely no later than December 31, 2016, for disability due to undiagnosed illness and medically unexplained chronic multi-symptom illnesses, or as provided in for infectious diseases, and service required by , which is either qualifying service in the Southwest Asia theater of operations as defined in , or qualifying service in Afghanistan (for the purpose of a claim under only). An examination is in a Southwest Asia claim as Exception: not necessary provided in M21-1, Part IV, Subpart ii, 1.E.2.d-h. Important: The Veteran does not have to identify a claimed disability as due to Gulf War service. VA must broadly consider applicable legal avenues that may be available based on the facts even if not specifically pleaded by the – claimant. The threshold for requiring an examination is It is lower than the low. standard to prove entitlement to SC under , because the purpose is only to determine whether VA has a duty to assist in substantiating the claim. For more information on References: requesting an examination in a Southwest Asia claim, see M21-1, Part IV, Subpart ii, 1.E.2.i the to Examiners in Southwest Asia see M21-1, Part IV, “Notice Claims,” Subpart ii, 1.E.2.j determining when an examination or opinion is necessary under the duty to assist, see M21-1, Part I, 1.C.3 concepts and principles on deciding claims for SC under , see M21-1, Part IV, Subpart ii, 2.D, and evaluating evidence, see M21-1, Part III, Subpart iv, 5. b. Impact of When a Veteran has sought treatment for claimed chronic signs and Known Clinical symptoms listed in , it is likely that the medical provider has rendered a Diagnoses on diagnosis for those symptoms. However, the existence of a clinical diagnosis
3.317 entitlement requesting an examination in a Southwest Asia claim, and Notice to Examiners in Southwest Asia Claims. Change Date February 16, 2016 a. When a Gulf War Examination is Necessary provides that an examination is necessary in cases falling under when there is competent lay or medical evidence of a chronic disease (or chronic signs or symptoms of a disease) listed in manifesting within the period specified in , namely no later than December 31, 2016, for disability due to undiagnosed illness and medically unexplained chronic multi-symptom illnesses, or as provided in for infectious diseases, and service required by , which is either qualifying service in the Southwest Asia theater of operations as defined in , or qualifying service in Afghanistan (for the purpose of a claim under only). Exception: An examination is not necessary in a Southwest Asia claim as provided in M21-1, Part IV, Subpart ii, 1.E.2.d-h. Important: The Veteran does not have to identify a claimed disability as due to Gulf War service. VA must broadly consider applicable legal avenues that may be available based on the facts – even if not specifically pleaded by the claimant. The threshold for requiring an examination is low. It is lower than the standard to prove entitlement to SC under , because the purpose is only to determine whether VA has a duty to assist in substantiating the claim. References: For more information on requesting an examination in a Southwest Asia claim, see M21-1, Part IV, Subpart ii, 1.E.2.i the “Notice to Examiners in Southwest Asia Claims,” see M21-1, Part IV, Subpart ii, 1.E.2.j determining when an examination or opinion is necessary under the duty to assist, see M21-1, Part I, 1.C.3 concepts and principles on deciding claims for SC under , see M21-1, Part IV, Subpart ii, 2.D, and evaluating evidence, see M21-1, Part III, Subpart iv, 5. b. Impact of Known Clinical Diagnoses on When a Veteran has sought treatment for claimed chronic signs and symptoms listed in , it is likely that the medical provider has rendered a diagnosis for those symptoms. However, the existence of a clinical diagnosis