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Regulation · 38 CFR § 3.330

38 CFR 3.330: What happens after a missed VA examination

§ 3.330 Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.

Claim Raven explanation

What this means

When a veteran later reports for an examination after benefits were reduced or terminated for an earlier failure to report, VA applies the abandoned-claim and missed-examination rules to decide what can resume.

The governing consequences come from sections 3.158 and 3.655. Whether the earlier appointment concerned an original claim, another claim, or continued entitlement can affect the result, as can a supported good-cause explanation.

How this helps your claim

This section does not itself restore benefits from the original interruption date. It requires the rating to identify periods for which payment remains precluded and to mark any period that cannot be evaluated because the evidence is insufficient.

What to check in your records

Compare the examination notices, missed appointment, later examination, and rating periods to see what VA could evaluate and what period it excluded.

  • Keep each examination notice, address used, appointment date, and any reason the appointment was missed.
  • Preserve proof of when the veteran later reported and the resulting examination report.
  • Read the rating for the stated precluded period and any notation that evidence was insufficient to evaluate a gap.

Build the examination timeline

Use notices and medical records to show when VA scheduled the examination, when it was missed, and when a usable examination finally occurred. Include any communication made before or shortly after the missed date.

If VA could not rate a gap, identify what evidence exists for that period. Do not assume the later examination automatically proves the earlier severity.

Does attending the later examination erase the earlier interruption?

No. The later examination allows VA to resume evaluation, but sections 3.158 and 3.655 still govern the period for which payment was precluded and any evidentiary gap.

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Official regulatory text

38 CFR § 3.330

eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 3.330 Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.

Such ratings will be governed by the provisions of § 3.158, “Abandoned Claims,” and § 3.655, “Failure to report for Department of Veterans Affairs examination.” The period following the termination or reduction for which benefits are precluded by the cited regulations will be stated in the rating. If the evidence is insufficient to evaluate disability during any period following the termination or reduction for which payments are not otherwise precluded, the rating will contain a notation reading “Evidence insufficient to evaluate from _____ to ______.

Cross Reference:

Failure to report for Department of Veterans Affairs examination. See § 3.655.

[29 FR 3623, Mar. 21, 1964]

Related references

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