
Do You Still Need a Baseline for Secondary Aggravation After Spicer? What the Law Says vs. What VA Is Doing
The baseline requirement for secondary aggravation claims came from 38 C.F.R. § 3.310(b). The Federal Circuit struck down that regulation in Spicer v. McDonough. The statute (38 U.S.C. § 1110) says nothing about baselines. But as of May 2026, VA has not formally rewritten the regulation, and C&P exam templates still ask examiners to address baseline. Here's the key: the exam templates themselves say the aggravation question must be answered "regardless of an established baseline." The baseline is a rating tool, not a gatekeeping tool. When it can't be determined, §§ 3.22 and 4.22 mean no deduction — the veteran gets the full current rating.


















