Name: Understanding the 5 Year Rule
Uploaded: 2024-05-06T19:00:00+00:00
Duration: 8 min 32 s
Description: In this video, Attorney and former adjudicator Casey Walker walks through how to understand the 5 year rule. We hope this video is helpful on your journey of getting the benefits you deserve. Our Webs

1 year ago

In this video, Attorney and former adjudicator Casey Walker walks through how to understand the 5 year rule. We hope this video is helpful on your journey of getting the benefits you deserve.

Our Website: https://vadisabilitygroup.com/
Relevant Regulations: https://www.law.cornell.edu/cfr/text/38/3.344

00:00 Intro
00:00:05:23 Understanding the VA's Five Year Rule
00:00:15:08 Explaining the Purpose of the Five Year Rule
00:00:25:04 Determining Improvement of Symptoms
00:00:31:10 VA Cannot Schedule Future Examination After Five Years
00:00:41:13 Putting the Five Year Rule into Context
00:00:48:05 Example of Future Examination Scheduling for Migraines
00:00:58:18 VA Did Not Schedule Future Examination
00:01:07:20 Heightened Burden to Bring in a Veteran for Reexamination
00:01:35:09 VA Adjudicators Instructed on Totality of Evidence
00:01:39:04 Taking Single Examination Out of Context
00:02:06:20 Importance of Looking at All Treatment Records
00:02:15:04 Example of Misinterpreting Single Examination Results
00:02:44:10 Ensuring Examination is not Less Complete Than Previous One
00:03:28:13 Natural Progression of Degenerative Joint Conditions
00:03:41:09 Progression of Sprain to Arthritis Not a New Condition
00:04:18:09 Avoiding Misdiagnosis in Mental Health Evaluations
00:04:39:23 Generalized Anxiety Disorder as a Symptom of PTSD
00:05:01:09 Good Months Do Not Indicate Absence of PTSD
00:05:16:13 Considering Factors Before Flippantly Bringing for Examination
00:05:45:15 Unique Considerations for Future Examinations
00:05:47:11 Difficulty Appealing Future Examination at Outset
00:06:06:05 Possible Consequences of Appealing Disability Evaluation
00:06:32:07 Another Examination Ordered by BVA Judge
00:07:07:15 Five Year Rule Doesn't Prohibit Future Examinations
00:07:22:06 Heightened Burden for Scheduling Future Exams
00:07:37:23 Overwhelming the VA with Documentation and Evidence
00:08:07:11 Mitigating Potential for Future Examination
00:08:16:03 Wrapping Up on Understanding the Five Year Rule
00:08:23:23 Outro