ERB will generate language in the exam request based on the completion of these fields. For more information on References: ERB fields, see the requirement to identify relevant evidence for an examiner’s review, see Part III, Subpart iv, 3.A.15.d, and annotating or bookmarking evidence in the electronic claims folder (eFolder), see M21-1, Part III, Subpart iv, 3.A.15.e and f. e. Maintaining When requesting medical opinions, RO employees should identify all relevant Objectivity in evidence for the examiner’s review, both favorable and unfavorable. Medical However, maintain objectivity when preparing medical opinion requests. Opinion Requests Use a neutral and unbiased tone. Do not slant the facts. Do communicate that VA prefers one answer or outcome over another. not For more information on requesting a medical opinion in an Reference: impartial manner, see 23 Vet.App. 19, 24, 25-26 (2009). , f. Medical When requesting an opinion in compliance with BVA remand instructions Opinions explain specifically what is needed. Required For Remands Quoting the instructions from BVA on the medical opinion request may be helpful, but try to avoid legal jargon. Do not simply refer the examiner to the claims folder containing Important: the remand instructions. g. Instructions When requesting a medical opinion for a claim involving benefits under , use for Providing the to generate the appropriate language. Ensure the generated request asks Medical the provider only the specific opinion(s) required by the facts of the case. Opinions – Claims Under Medical opinions for conditions claimed under may be completed at the same 38 U.S.C. 1151 facility where the alleged incident happened, as long as there is no conflict of interest. In general, the VHA facility will determine whether a conflict of interest exists once the request is received from the RO. If applicable, the VHA facility will work with the RO to transfer the medical opinion request to another facility. Notes:
ERB will generate language in the exam request based on the completion of these fields. References: For more information on ERB fields, see the requirement to identify relevant evidence for an examiner’s review, see Part III, Subpart iv, 3.A.15.d, and annotating or bookmarking evidence in the electronic claims folder (eFolder), see M21-1, Part III, Subpart iv, 3.A.15.e and f. e. Maintaining Objectivity in Medical Opinion Requests When requesting medical opinions, RO employees should identify all relevant evidence for the examiner’s review, both favorable and unfavorable. However, maintain objectivity when preparing medical opinion requests. Use a neutral and unbiased tone. Do not slant the facts. Do not communicate that VA prefers one answer or outcome over another. Reference: For more information on requesting a medical opinion in an impartial manner, see , 23 Vet.App. 19, 24, 25-26 (2009). f. Medical Opinions Required For Remands When requesting an opinion in compliance with BVA remand instructions explain specifically what is needed. Quoting the instructions from BVA on the medical opinion request may be helpful, but try to avoid legal jargon. Important: Do not simply refer the examiner to the claims folder containing the remand instructions. g. Instructions for Providing Medical Opinions – Claims Under 38 U.S.C. 1151 When requesting a medical opinion for a claim involving benefits under , use the to generate the appropriate language. Ensure the generated request asks the provider only the specific opinion(s) required by the facts of the case. Medical opinions for conditions claimed under may be completed at the same facility where the alleged incident happened, as long as there is no conflict of interest. In general, the VHA facility will determine whether a conflict of interest exists once the request is received from the RO. If applicable, the VHA facility will work with the RO to transfer the medical opinion request to another facility. Notes:
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