Missed a VA C&P Exam? What 38 CFR 3.655 Actually Does

What this rule is, and what it is not

§ 3.655 is the failure-to-report regulation. It applies when entitlement or continued entitlement cannot be established or confirmed without a current VA examination or reexamination, and the claimant misses it without good cause.

It is not a free pass to avoid a bad examiner. It is not a tactic. It is the penalty table for an appointment VA already decided it needed.

It is not the same outcome for every claim type. That is the part Facebook gets wrong. People say "VA just rates the file." That is only the original-compensation sentence. The next sentence in the same paragraph is a denial for increases and for supplementals on a previously disallowed benefit.

It also is not an instant stop on a check you already receive. For a running award, VA has to send a pretermination notice and give you time to respond.

Do not skip exams. This post exists because people miss them by accident, by bad mail, or by a hospital stay. It does not exist to help anyone game the calendar.

The actual rule

38 CFR § 3.655(a) sets the trigger. No current exam, no way to establish or confirm entitlement, and no good cause. Examples of good cause include illness or hospitalization of the claimant and death of an immediate family member. The list is not closed. Examination includes hospital observation when VA requires it.

§ 3.655(b) splits the pending-claim world in two.

When the missed exam was scheduled with an original compensation claim, VA rates the claim based on the evidence of record.

When the exam was scheduled with any other original claim, a supplemental claim for a benefit that was previously disallowed, or a claim for increase, the claim shall be denied.

Read that twice. Original compensation: file rating. Increase: denial. Supplemental on a prior disallowance: denial. That is the regulation, not a rumor.

§ 3.655(c) covers a running award. If you miss a reexamination and the issue is continuing entitlement, VA issues a pretermination notice. The notice says payment for the disability under review will be discontinued, or reduced to a scheduled minimum or to a rating protected under § 3.951(b). It includes the proposed date, the reason, and your procedural rights.

You get 60 days to say you will report for a reexam or to present evidence that payment should not be cut. No response, or evidence that does not establish continued entitlement, and payment is discontinued or reduced as of the date in the notice or the date of last payment, whichever is later.

If you tell VA you will report before the cut happens, VA defers the adjustment and reschedules. Miss the rescheduled exam and payment is reduced or discontinued as of the date of last payment. It stays that way until a VA exam is done and reviewed.

If you request a hearing within 30 days of the pretermination notice, adjustment is deferred under § 3.105(i)(1). A later hearing request, after those 30 days but before the proposed date, still gets you a hearing. The payment change can still take effect on the proposed date unless the facts warrant something else.

What VA.gov says about missing and rescheduling

VA's claim-exam page is blunt. Missing the exam delays the claim. VA may decide the claim on existing evidence, which could affect your benefits.

VA's public good-cause examples include death of someone in your immediate family, homelessness, hospitalization, and a terminal illness. Those sit next to the regulation's examples. They are examples, not a closed club. If you had good cause that is not on the flyer, still document it.

VA says you can explain a missed exam by calling, by uploading a letter in the claim-status tool, or by mailing a letter to the Evidence Intake Center, PO Box 4444, Janesville, WI 53547-4444.

Reschedule before you miss it. VA asks for at least 48 hours' notice. If the exam is with a contractor, VA says you can reschedule only once per exam, and the new appointment must be within 5 days of the original date. If you cannot make those 5 days, tell the contractor and call VA so the process can restart when you are available. Use the number on the appointment letter. Contractor caller ID often shows a "VA EXAM" label.

What to look at on the letter and on VA.gov

The exam letter is the source document. Confirm the date, time, location, and whether it is in person, video, or phone. Confirm the appointment. VA says you cannot start the scheduling yourself.

Check that VA has your current address, phone, and email. A lot of "I never got the letter" cases start with a moved mailbox.

On VA.gov, look at which claim the exam is attached to. Original compensation, increase, and supplemental are not the same under § 3.655(b). The claim type on the status page tells you which sentence applies if you miss it.

If you already receive pay for the condition and the letter is a review exam, you are in the running-award world. Watch for a later pretermination notice. That notice is the one with the 60-day clock and the 30-day hearing request.

Evidence that helps after a miss

Good cause needs paper. A hospital discharge summary. A death notice. A letter from a shelter or case worker if you were homeless. A clinic note that you were too ill to travel. Dates matter. The document should cover the exam date, not a vague bad month.

A written statement that you are willing to report is the sentence § 3.655(c)(3) is waiting for on a running award. Send it before the proposed cutoff.

If the miss was bad notice, keep the envelope, the wrong address, and any VA.gov contact-info screenshot. Notice problems are fact-specific. They are not a slogan.

Then reschedule. A good-cause letter without a new appointment still leaves VA without the exam it said it needed.

Mistakes to avoid

Skipping the exam on purpose. That is how an increase becomes a denial under § 3.655(b). Do not do it.

Assuming every miss is "rated on the file." That is only the original-compensation sentence.

Missing the 30-day hearing request on a pretermination notice. That clock is shorter than the 60-day evidence clock.

FAQ

What happens if I miss a C&P exam for an original compensation claim?

If the exam was needed and you miss it without good cause, 38 CFR § 3.655(b) says VA rates that original compensation claim on the evidence of record.

What happens if I miss an exam for an increase or a supplemental claim?

The same paragraph says the claim shall be denied when the exam was scheduled with a claim for increase, a supplemental claim for a previously disallowed benefit, or any original claim that is not an original compensation claim.

What counts as good cause?

The regulation lists illness or hospitalization of the claimant and death of an immediate family member, and it says the list is not limited to those examples. VA.gov also lists homelessness and terminal illness. Document the reason and ask to reschedule.

Can I reschedule before I miss the exam?

Yes. VA asks for at least 48 hours' notice. Contractor exams may be rescheduled only once, and the new date must be within 5 days of the original appointment unless you call VA to restart scheduling. Use the number on the letter.

Will VA cut my current pay the day I miss a review exam?

Not under the running-award rule. § 3.655(c) requires a pretermination notice and 60 days to respond. A timely willingness to report defers the adjustment. A hearing request within 30 days also defers the adjustment.

Should I skip an exam if I think the examiner will be unfair?

No. Missed-exam rules are not a strategy. Go, or reschedule with documented good cause. If the exam later looks inadequate, that is a decision-review problem, not a no-show plan.

Primary sources

• 38 CFR § 3.655
• 38 CFR § 3.105(i)
• 38 CFR § 3.326
• 38 CFR § 3.327
• VA claim exam (C&P exam)

Educational content only. Not legal or medical advice. Confirm against the veteran's actual notice and current eCFR / VA.gov. For claim-specific help, use a VA-accredited VSO, claims agent, or attorney.