actions Determination That Review cancellation of the future examination control prior to maturation, or Examination determination that a review examination should not be scheduled at the Should Not Be time the future examination control matures. Scheduled When the action is based on ... Then ... a determination that the examination control set the date of P&T disability as if the future was initially set up in examination control was never established. error In violation of , a future The examination control was Example: Explanation: examination control is set for a condition, like erroneous; therefore, the condition was static amyotrophic lateral sclerosis (ALS), that can at the time of the rating decision establishing only be rated at 100 and is, by its SC. nature, permanent. a difference in judgment rather than a specific use the or the date of review date of error in the initial future examination control for the date of P&T disability. cancellation The rating activity determines, This is essentially a new Example: Explanation: prior to scheduling, that a review examination determination of permanency on the date of should not be scheduled as planned because review caused by reexamination of the facts. the conclusion of likely future improvement used to set the future examination control was not well justified by the facts. new evidence that changes the prior use the date that the new evidence is received assessment that the total disability is likely to for the date of P&T disability. improve, as indicated by a future examination control When the new evidence consists Exception: of a VA medical record generated after the date of the rating in which the future examination control was set, use the date of the record. o. Regaining Under the provisions of , a surviving spouse who is ineligible for DIC Entitlement to because he/she has remarried or is living with someone and holding DIC for a himself/herself out openly as a spouse, may regain eligibility for DIC upon Surviving the termination of such relationships. Spouse Upon Termination of held that eligibility for DIC regained under these provisions did not entitle a Relationship the surviving spouse to Civilian Health and Medical Program (CHAMPVA) Upon Which benefits, DEA, or loan guaranty benefits. However, Public Law (PL) Entitlement effective November 30, 1999, explicitly restored eligibility for these Was Previously ancillary benefits. Precluded These benefits are not payable for the period from October 1, 1998, to Note: November 30, 1999. For more information on Reference:
Determination That Review Examination Should Not Be Scheduled actions cancellation of the future examination control prior to maturation, or determination that a review examination should not be scheduled at the time the future examination control matures. When the action is based on ... Then ... a determination that the examination control was initially set up in error Example: In violation of , a future examination control is set for a condition, like amyotrophic lateral sclerosis (ALS), that can only be rated at 100 and is, by its nature, permanent. set the date of P&T disability as if the future examination control was never established. Explanation: The examination control was erroneous; therefore, the condition was static at the time of the rating decision establishing SC. a difference in judgment rather than a specific error in the initial future examination control Example: The rating activity determines, prior to scheduling, that a review examination should not be scheduled as planned because the conclusion of likely future improvement used to set the future examination control was not well justified by the facts. use the date of review or the date of cancellation for the date of P&T disability. Explanation: This is essentially a new determination of permanency on the date of review caused by reexamination of the facts. new evidence that changes the prior assessment that the total disability is likely to improve, as indicated by a future examination control use the date that the new evidence is received for the date of P&T disability. Exception: When the new evidence consists of a VA medical record generated after the date of the rating in which the future examination control was set, use the date of the record. o. Regaining Entitlement to DIC for a Surviving Spouse Upon Termination of a Relationship Upon Which Entitlement Was Previously Precluded Under the provisions of , a surviving spouse who is ineligible for DIC because he/she has remarried or is living with someone and holding himself/herself out openly as a spouse, may regain eligibility for DIC upon the termination of such relationships. held that eligibility for DIC regained under these provisions did not entitle the surviving spouse to Civilian Health and Medical Program (CHAMPVA) benefits, DEA, or loan guaranty benefits. However, Public Law (PL) effective November 30, 1999, explicitly restored eligibility for these ancillary benefits. Note: These benefits are not payable for the period from October 1, 1998, to November 30, 1999. Reference: For more information on
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