Collateral estoppel cannot be applied to EXR cases. All EXR cases that require a medical
determination must be sent to the DDS. The DDS must make the medical determination
that the impairment is the same as or related to the impairment that was the basis
for the previous entitlement, and then make a determination that the individual is
disabled based on the MIRS standard. Therefore, collateral estoppel procedures can
not be applied.