If a fully favorable determination is not supported by the evidence in the file, consider
whether the evidence is insufficient or materially inconsistent.
Supplemental development is generally required when the evidence is insufficient.
Supplemental development might not be required if the claimant has failed to comply
with requests for evidence as outlined in DI 23007.015, and the DDS has made a reasonable effort to obtain all evidence available without
the claimant's cooperation.
If the case evidence is materially inconsistent, the DDS must make a reasonable effort
to resolve the material inconsistencies.
To resolve any insufficiencies or material inconsistencies in the case evidence follow
these procedures:
a. Supplemental development of evidence
Complete supplemental development of evidence to resolve insufficiencies or material
inconsistencies in the evidence. Supplemental development may also be necessary when
a reasonable effort has not been made to develop a complete medical history and all
available medical sources were not contacted during initial development or additional
sources were identified in the process of development.
For supplemental development of evidence, see DI 22505.008.
REMINDER: If the medical source cannot or will not provide the requested evidence, discontinue
development from the source.
For information on when not to make a request for medical information from a source,
see DI 22505.006A3.
For information on when to discontinue follow-up activities because the medical source
cannot or will not provide the requested medical evidence, see DI 22505.035.
b. Evaluate evidence from supplemental development with the other evidence in the file
Make determination findings supported by the evidence.
c. Document the medical evaluation
Document the medical evaluation as follows:
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•
Identify the appropriate time period;
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•
Include all the substantive findings supported by the evidence;
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•
Describe the evidentiary insufficiency (i.e., unresolved conflict or missing essential
information), and all related supplemental development efforts if evidence is insufficient
to complete the medical evaluation. Do not find that a claimant has impairment-related
limitations during any period in which evidence is insufficient to support the finding;
and
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•
Identify the correct Regulation Basis Code (RBC) that reflects the type of allowance
or denial at the time of adjudication. For example, the claim is denied for insufficient
evidence for failure to cooperate with a request for evidence or action, or a request
to attend a CE. Choose N36, M5, or M6 depending on the claim type. For more information
on RBC, see DI 26510.045.
For more details on documenting the medical evaluation, see DI 24501.002D.
REMINDER: Once a reasonable effort to get the claimant to comply with requests for evidence
or action is made, the DDS should discontinue development that requires the claimant's
cooperation. The DDS should also ensure that it made a reasonable effort to develop
a complete medical history, and all available evidence through the adjudication date
that does not require the claimant's cooperation, see DI 23007.015B.