Veterans, do you know what the VA is not supposed to do when you turn 55? In today's video, I'm going to share with you some valuable information that you need to know on something the VA is not, I say again, not supposed to do when you turn 55. Make sure you stick around. Hello everyone and welcome back to my channel. My name is Dwayne. I got a video for that Kimble, United States Army veteran and retired VA rating specialist. Today's video, what is the VA not supposed to do when you turn 55? You know, I got some slides to share with you. But before we get into today's topic, make sure you click the link in the description section and get signed up for my next upcoming webinar where I explain exactly what I do, what I don't do, and how you can work with me. Also, don't forget to click that like, subscribe, and notification button. So, age 55, what is the VA not supposed to do? This is something that you need to know because if they do, you can call them and say, "Hey, wait a minute. You all are not supposed to do this because of the M21-1, the 38 CFR." Don't worry about it. I am going to share the reference and the regulations as it pertains to when you turn 55. Let's go ahead and get into it. Slide number one. Here in slide number one, take you out to the M21-1. Now, as always, people keep in mind when I'm sharing slides, I may not be sharing the entire M21-1 or the 38 CFR, but you have the number and the name of it. So, you can go out and do your additional research. This M21-1, when not to schedule review examinations. These are called routine future examinations. Okay. Now, it states do not establish a future examination control in cases when the veteran is over 55 years of age except under unusual circumstances or were required by regulation. Okay. So if that VA employee feels that your condition is going to improve, they can schedule a routine future exam. Now, I'm gonna drop a huge nugget later on if you submit a private DBQ and what your private examiner can put in that DBQ to prevent that VA employee, that raider from scheduling a routine future exam, even if you're 25 or 28. All right. So, under the important uh section, when deciding if a disability is static, only order a future examination if there is objective, not subjective, but objective evidence stating clearly a disability is likely to improve. Now, how can you determine this in a rating decision? When you look at let's say a migraine or mental, okay, that's probably the uh most times I've seen routine futures and mental conditions in the narrative section of that rating decision at the bottom. Okay, at the bottom if you see a sentence that states since there is a likelihood of improvement that raider is saying, hey, I'm scheduling a routine future for this particular condition. Okay, so when you see that sentence, then you know you have an routine future exam for that condition. But if you are over the age of 55, no, no, no, no, no, no. Now going back up to the top, it says or we're required by regulation. You'll see those conditions are cancers. Cancers will fall under that unless there's evidence showing that that uh cancer condition service connected condition is terminal. If it's considered terminal, they are not supposed to schedule a routine future exam. Let's keep going. Slide number two. This is the 38 CFR 3.327 re-examinations. Okay. So you can see no periodic future examinations will be requested in service connected cases. No periodic re-examinations will be scheduled. All right. Look down below. In cases of veterans over 55 years of age except under unusual circumstances. Now, I showed you the M21-1. Pretty much the same information here in the 38 CFR. Let's say that happens. Okay? Let's say that happens and they schedule a routine future exam. You say, and you're 100%. That means you don't get the PNT. You don't get the chap 35. You don't get the no property tax exemption. And you say, "Wait a minute. No, no, no, no. That's incorrect. I'm let's say 56 or 57. You're over 55. You could do a high level review or you can do a CUE clear unmistakable error. Okay? But you can do a high level review. Submit that 0996. Watch my video on how to schedule the highle review after you confirm that the 0996 is of record and that EPO30 has been established. How do you do that? 800 8271000. Ask the rep to look in VBMS. Say, "Hey, can you tell me if the VA has received my 0996?" Yes, Mr. or Miss Veteran, we it's in VBMS. Also, can you tell me if a EP 030 has been established? Yes. That means that highlight review is of record. Then you go and you schedule your HLR, the informal conference, and you tell them, "Hey, wait a minute. I'm 57 years old. This condition is not a cancer condition. Therefore, no routine future examination should have been scheduled and chapter 35 should have been taken issue." Q's nugget. Okay, let's keep going. Slide number three. Okay, taking you back out to the M21-1. And this one was um kind of long, so I didn't copy everything. Considering a veteran's age in connection with review examinations. Now, see where it states the veteran will have reached or surpassed age 55 by the time re-examination is conducted. So, as a former VA raider, okay, I'm looking at normally when I first start raiding, they would say schedule it five years down the road. Okay, so if the veteran was 51, I'm looking at, okay, if I'm going to schedule this routine future and I got to schedule it five years down the road, the veteran is going to be 56. So therefore, I'm not going to schedule it. Okay, I am not going to schedule it. Look at the bottom one. The second one, cancel any examination not required by regulation. So, if you go back and look at slide one, there were some other um other bullet comments that basically stated when the VA the Raider was not supposed to schedule a routine future. As a former VA raider, I've had to cancel some veterans routine future examinations that previous Raiders schedule because I'm like, wait a minute, no, this is not right. You shouldn't have scheduled it. So, what I would do, I would remove it. And if the veteran was 100%, I would go back and grant chapter 35. Now, when I did that, I had to figure out what effective date I was going to use for the chapter 35. And in most cases, it was a date that the 100% was scheduled or effective. Okay? So, this is why you want to know this stuff because I've seen veterans be 100% and had a routine future examination and they were still paying property tax. So, we know in most states if you're 100% pnt, you don't have to pay that property tax. So, this is why it's important to know when the VA raider is not supposed to schedule that routine future exam. Let's keep going. Slide number four here. Example of considering a veteran's age. Okay. So, I'm not going to go through and read um the scenario, the result, and the rationale. Okay, but look at the bottom where it says the veteran though only 53 years old at the time of the claims referral to the Reagan activity will be uh surpass age 55 by the time the examination is conducted. So I gave that example previously okay veteran is you know 51 52 and you're saying oh I'm going to schedule it five years out by that time the veteran is already past 55. Okay. Now, again, there's as a raider, if you see another raider do that, that raider can actually cancel out that RF and grant chapter 35 like I stated earlier. Okay? So, again, it's important to understand this stuff because I see veterans all the time that don't invest the time to get educated on this and they'll come to me, Dwayne. Well, I've been 100% pnt for six years. What's going on? You didn't read your rating decision. You didn't look in there and see that sentence says since there's a likelihood of improvement. And guess what else you didn't do? Slide number five. You didn't request your claims folder and get a copy of your rating code sheet. Okay, I did a video on that. a document the VA, you know, they don't refuse to give you, but they don't include it in that rating packet. So, you can see right here, this is an example, but look what I have highlighted in red, future exam date. If you see a month and a year, that's when they are scheduling that routine future exam. All right? It's important people to understand what RF are, routine future examinations, and when they are not supposed to schedule them. Okay, I almost forgot some valuable information. If you decide to get a DBQ completed by a private medical examiner or a private mental health examiner, make sure they notate the condition is considered permanent in the remark section on the last page of the DBQ. Now, on the last page of the DBQ, you'll see the remark section right above the examiner's signature block. Also, if you are getting a nexus statement along with that DBQ, the examiner can notate that the condition is considered permanent in the nexus statement. And when the examiner does this, the raider is not, I repeat, is not supposed to schedule an RF, a routine future exam. If they do, this is an error on their part. So the big takeaway from here is one routine future exam. Know what they are. Okay? Is this another CMP exam to see if your condition has improved? Two, when are they not supposed to schedule it? if you are pass or surpass the age of 55 or if that routine future exam is supposed to take place after you have turned 55. Okay. Not only have veterans told me they were 100% but not granted chapter 35 or pnt, I've seen it as a rating specialist and had to cancel out some of those RFS. All right. So, I know there's people out there on YouTube, they're saying older 55 year old, you know, call it what you want, but at the end of the day, if you are past that 55 and it's a condition other than cancer, unless the cancer is terminal, the VA, the RBSR is not supposed to schedule a routine future exam. With that being said, make sure you like, subscribe, hit that notification button, and as always, share this video with your fellow veterans. Thank you.