Procedure Update Due to Ingram Court Decision 10-16-2025
Procedure update due to the Ingram court decision, 16 October 2025.
Document text
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October 16, 2025
Good afternoon Districts,
Please share the following message with all offices under your jurisdiction.
1. Please see clarification below under “Who need to know about this change?” and
ensure that all MSCs are aware of the change related to musculoskeletal
exams.
2. Compensation Service is currently reviewing IDES related procedural questions,
and will provide more information once available
3. MDEO has received reports that vendors may be requesting Ingram-related
exams be rescheduled. Please note, guidance on Ingram v. Collins was
distributed to all vendors on October 10, 2025, which provides the official VA
guidance on these cases for implementation on October 13, 2025. Vendors are
expected to process these exams in accordance with this guidance. Please
direct any questions or concerns on this topic to 21MDE.VBACO@va.gov
a. Claims processors should return these ESRs to the vendors and state the
following: “Guidance on processing Ingram-related examination
requests was distributed to all medical disability examination
vendors on October 10, 2025 with an expected implementation date
of October 13, 2025.”
All other questions can be directed to the OFO Mailbox.
Thank you,
Office of Field Operations
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From: VAVBAWAS/CO/OFO
Sent: Friday, October 10, 2025 5:32 PM
To: VBACO_Area_Leads <VBACO Area Leads@va.gov>
Cc: VAVBAWAS/OAR/OPS <OAROPS.VBAWAS@va.gov>; VAVBAWAS/OAR/ADMIN
<OARADMIN.VBAWAS@va.gov>; VAVBAWAS/CO/218_VASRD <218VASRDPMO.VBACO@va.gov>;
VAVBAWAS/CO/Contract Examination Inquiries <ContractExam.VBAVACO@va.gov>;
VAVBAWAS/CO/211_Policy <211 Policy.Vbavaco@va.gov>; Glenn, Mary, VBAVACO
<Mary.Glenn@va.gov>; Smith, James W. II, VBAVACO <James.W.Smith@va.gov>; Zybarth, Michael,
VBAVACO <Michael.Zybarth@va.gov>; Shevory, Nicole M. (VBAVACO) <Nicole.Warren3@va.gov>;
Skelly, Tina, VBAVACO <Tina.Skelly@va.gov>; Knopf, Linsay, VBAVACO <Linsay.Knopf@va.gov>; Detty,
John R., VBAVACO <John.Detty@va.gov>; Souba, Miranda C. VBAVACO <Miranda.Souba@va.gov>;
McBane, Crystal L., VBAVACO <crystal.mcbane@va.gov>
Subject: Procedure Update due to Ingram Court Decision
October 10, 2025
Good afternoon Districts,
Please share the following message with all offices under your jurisdiction.
Background: In a recent court decision, Ingram v. Collins, the Court of Appeals for
Veterans Claims (CAVC) held that VA must consider the severity of the claimed
disability in an unmedicated state, because the musculoskeletal disabilities diagnostic
codes do not explicitly consider medication. Essentially, VA must compensate a Veteran
for the level of disability that would be present but for the ameliorative effects of
medication for these musculoskeletal disabilities.
What is changing?
• Claims processors will order musculoskeletal exams with Ingram language,
starting October 13, 2025 (this will require no special action by field personnel).
• Claims processors must review the remarks section of every musculoskeletal
DBQ, to confirm if the responses to the Ingram language have been provided
(see page 4 of the attachment).
o If the responses to the Ingram language are not provided, claims
processors will need to order new or rework musculoskeletal exam(s).
• Rating personnel must:
o Consider if the medical evidence demonstrates that it is possible to
discount the ameliorative effects of medication in determining the severity
of the disability, in the final rating decision.
o Potentially insert required language into the rating narrative and/or enter
values into the VBMS-R evaluation builder manually.
The attached document outlines the rating procedures, along with the appendix which
outlines exam ordering procedures.
Who needs to know about this change?
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All Compensation and Appeals claims processors and quality review specialists, to
include VSRs, RVSRs, DROs, QRSs, and MSCs.
Where is it changing?
• Responses to Ingram language will be entered into the remarks section of the
musculoskeletal DBQs
• Ingram language will automatically populate within any new or rework
musculoskeletal Exam Scheduling Request (ESR) is ordered, starting on October
13
Note: There are no other system updates in progress due to the government
shutdown. OFO will provide notification when/if these procedures are superseded by
system updates.
What else do I need to know?
• Compensation Service (CS) and the Office of Field Operations (OFO) approves a
30-calendar day grace period (from October 13, 2025 to November 12, 2025) on
critical errors related to issuance of this guidance.
• At this time, the field should not take corrective action on claims completed
between September 19, 2025 and October 13, 2025, where a musculoskeletal
condition was at issue. Additional guidance will be provided at a later date.
Questions related to rating procedures can be directed to
218VASRDPMO.VBACO@va.gov and 211 Policy.Vbavaco@va.gov. Questions
related to examination procedures can be directed to VAVBAWAS/CO/Contract
Examination Inquiries.
All other questions can be directed to the OFO Mailbox.
Thank you,
Office of Field Operations