#### Veterans Benefits Administration M21-1MR, Part I 

**Department of Veterans Affairs June 19, 2006**

**Washington, DC 20420**

#### 

#### Transmittal Sheet 

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| #####      | > Veterans Benefits Manual M21-1MR, Part I, "Claimants' |
|  M21-1MR,  | > Rights and Responsibilities," is changed as follows:  |
|            | >                                                       |
| ##         | > The following pages are updated in this change:       |
| ### Part I |                                                         |
|            | -   **1-A-4 and 1-A-5**                                 |
| #####      |                                                         |
|            | -   **1-B-3, 1-B-4, and 1-B-8**                         |
|            |                                                         |
|            | -   **2-i**                                             |
|            |                                                         |
|            | -   **2-A-1 through 2-A-5**                             |
|            |                                                         |
|            | -   **3-B-1, 3-B-18, 3-B-19 through 3-B-26**            |
|            |                                                         |
|            | -   **3-C-8, 3-C-29, 3-C-40, and 3-C-41**               |
|            |                                                         |
|            | -   **5-B-8 and 5-B-11**                                |
|            |                                                         |
|            | -   **5-C-8, 5-C-13, and 5-C-14**                       |
|            |                                                         |
|            | -   **5-D-1 and 5-D-2, 5-D-4, and 5-D-12**              |
|            |                                                         |
|            | -   **5-E-5**                                           |
|            |                                                         |
|            | -   **5-F-5, 5-F-11 and 5-F-12, 5-F-14, 5-F-15, and     |
|            |     5-F-28** **through** **5-F-30.**                    |
|            |                                                         |
|            |     ***Notes***:                                        |
|            |                                                         |
|            | -   M21-1MR changes are released at the chapter or      |
|            |     section level. Change numbers will no longer be     |
|            |     assigned to M21-1MR changes. The date of the change |
|            |     will continue to show in the "Change Date" block    |
|            |     located on the first page of each topic.            |
|            |                                                         |
|            | -   "TBD" (to be determined) after a reference          |
|            |     indicates that the referenced material is located   |
|            |     in a part of M21-1MR that has not yet been          |
|            |     published.                                          |
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Continued on next page

Transmittal Sheet, Continued

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| #####      | > Part I, Chapter 1, Section A, Topic 2, Block c        |
|  Changes I | > (I.1.A.2.c) is revised to clarify what non-Federal    |
| ncluded in | > records may include. A note is added to the block to  |
|  This Part | > indicate that *VA Form 3288,* *Request for and        |
|            | > Consent to Release of Information from Claimants      |
|            | > Records,* may be used to obtain third-party evidence. |
|            | > A reference is also added regarding the use of        |
|            | > postage-paid envelopes.                               |
|            | >                                                       |
|            | > I.1.B.3.b is amended to show that notification        |
|            | > letters for substantially complete claims should      |
|            | > include a "VCAA Notice Response" form. A claimant may |
|            | > use this form to request an immediate decision on a   |
|            | > claim, if he/she has no additional information or     |
|            | > evidence to submit.                                   |
|            |                                                         |
|            | Corrections are made throughout Topic I.2.A.2 to        |
|            | replace the outdated term, "pre-termination/reduction   |
|            | notice," with "notice of proposed adverse action." A    |
|            | Note is added to the table in Block I.2.A.2.a to        |
|            | clarify that a notice of proposed adverse action is     |
|            | required, instead of contemporaneous notice, if         |
|            | information a beneficiary furnishes does not involve a  |
|            | change in income, net worth, marital status, or         |
|            | dependency. References are also added for information   |
|            | on contemporaneous notices and notices of proposed      |
|            | adverse action, including notices sent to hospitalized  |
|            | veterans.                                               |
|            |                                                         |
|            | In step 2 of Block I.1.B.4.c, the M21-1MR reference     |
|            | citation is corrected to read "M21-1MR, Part III,       |
|            | Subpart iii, 1.B.7," and the citation for the rescinded |
|            | M21-1, Part III, paragraph is removed.                  |
|            |                                                         |
|            | > Block I.3.B.12.a, Stage 2, is revised to reference    |
|            | > M21-1MR, Part III, Subpart iv, 7.B.5, for information |
|            | > on a representative's review of a rating decision.    |
|            | >                                                       |
|            | > The tables in Blocks I.3.B.13.b and I.3.B.13.c are    |
|            | > revised to add the United Spinal Association, Inc.,   |
|            | > (Code 90) to the list of power-of-attorney codes from |
|            | > national service organizations.                       |
|            | >                                                       |
|            | > Block I.3.C.15.e is updated to show the current       |
|            | > address of the Compensation and Pension Intranet web  |
|            | > site.                                                 |
|            | >                                                       |
|            | > Block I.3.C.17.d is corrected to state that past-due  |
|            | > benefits are payable from the effective date of the   |
|            | > award through the date *preceding* the date of the    |
|            | > decision that granted the benefit. An example is      |
|            | > provided to clarify payment of attorney fees from     |
|            | > past-due benefits. A reference to 38 CFR              |
|            | > 20.609(h)(3)(i) is also added.                        |
|            | >                                                       |
|            | > Topic I.3.C.19 is amended to correct the numbering of |
|            | > the last block to I.3.C.19.e. In block I.3.C.19.d,    |
|            | > Step 3, the reference citation is corrected to read   |
|            | > "M21-1MR, Part I, 3.C.19.e."                          |
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Continued on next page

Transmittal Sheet, Continued

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| Changes    | > Block I.5.B.5.d is corrected to delete the reference  |
| Included   | > to Block I.5.B.5.f, as this block no longer exists.   |
| in This    | > The reference citation in the note in Block I.5.B.6.b |
| Part       | > is corrected to read "M21-1MR, Part I, 5.B.5.e."      |
| (          | >                                                       |
| continued) | > In Block I.5.C.13.f, the M21-1MR reference citation   |
|            | > is corrected to read "M21-1MR, Part III, Subpart iv.  |
|            | > 2.B.7," and the citation for the rescinded M21-1,     |
|            | > Part VI paragraph is removed. A note is also added to |
|            | > the block to state that the final decision reducing   |
|            | > an evaluation or severing service connection does not |
|            | > require the signature and approval of a VSCM or       |
|            | > VSCM-designee unless new evidence has been received   |
|            | > since the proposed decision was approved.             |
|            | >                                                       |
|            | > Block I.5.D.18.b is corrected to state that if an     |
|            | > appellant's request for a hearing is received before  |
|            | > the Statement of the Case (SOC) is issued, the        |
|            | > hearing (or informal conference) should be scheduled  |
|            | > and conducted before the SOC is prepared and issued   |
|            | > to the appellant. This policy applies to both the     |
|            | > traditional appellate review process and the Decision |
|            | > Review Officer review process.                        |
|            | >                                                       |
|            | > In Block I.5.D.18.d, the reference citation for       |
|            | > potential payment of attorney fees is corrected to    |
|            | > read "M21-1MR, Part I, 3.C.18.h."                     |
|            | >                                                       |
|            | > In Block 5.D.19.g, the M21-1MR reference citation is  |
|            | > corrected to read "M21-1MR, Part III, Subpart iv,     |
|            | > 2.B.5."                                               |
|            | >                                                       |
|            | > Block I.5.D.19.h is corrected to remove the           |
|            | > instructions to send a copy of the SOC to the         |
|            | > appellant before the hearing date, as this            |
|            | > contradicts the policy stated in blocks I.5.B.5.b and |
|            | > I.5.D.18.b.                                           |
|            | >                                                       |
|            | > Block I.5.E.22.e is revised to clarify that 38 CFR    |
|            | > 20.303 pertains to extensions of the 60-day time      |
|            | > limit to file a substantive appeal or respond to an   |
|            | > SOC/SSOC, if such a response is required. Information |
|            | > related to extensions of the one-year time limit to   |
|            | > file an appeal under 38 CFR 3.109(b) is added. A      |
|            | > reference to *Morgan v. Principi*, 16 Vet. App. 20    |
|            | > (2002), is also provided.                             |
|            | >                                                       |
|            | > In Block I.5.F.26.e, the reference citation for a     |
|            | > sample of the certification worksheet is corrected to |
|            | > read "M21-1MR, Part I, 5.F.31."                       |
|            | >                                                       |
|            | > A note is added to Block I.5.F.28.b stating that      |
|            | > creation of an additional volume of a claims folder   |
|            | > while the original claims folder is temporarily       |
|            | > transferred to the Board of Veterans' Appeals is      |
|            | > prohibited. A reference to the COVERS User's Guide is |
|            | > also provided.                                        |
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#### Veterans Benefits Administration M21-1MR, Part I 

**Department of Veterans Affairs Date**

Washington, DC 20420

Transmittal Sheet, Continued

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| ##### C    | > Block I.5.F.29.a, Step 3, is revised to indicate that |
| hanged Inc | > a copy of the VACOLS screen should accompany evidence |
| luded in T | > being transferred to the Board of Veterans' Appeals   |
| his Part ( | > (BVA) for review in connection with the issue under   |
| continued) | > appeal.                                               |
|            | >                                                       |
|            | > Block I.5.F.29.b is revised to state that the BVA     |
|            | > staff point of contact listed in M21-1MR, Part I,     |
|            | > 5.F.32, should be contacted to request the temporary  |
|            | > return of a claims folder from BVA. At the present    |
|            | > time, BVA does not have a centralized mailbox for     |
|            | > these requests.                                       |
|            | >                                                       |
|            | > Topic I.5.F.32 is revised to show the names and       |
|            | > telephone numbers of the BVA points of contact for    |
|            | > each region and to update the fax and status call     |
|            | > numbers listed.                                       |
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| ##### R    | > None                                                  |
| escissions |                                                         |
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| #####      | > By Direction of the Under Secretary for Benefits      |
|  Authority |                                                         |
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+------------+---------------------------------------------------------+
| #####      | Renée L. Szybala, Director                              |
|  Signature |                                                         |
|            | > Compensation and Pension Service                      |
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| ##### Di   | > RPC: 2068                                             |
| stribution | >                                                       |
|            | > FD: EX: ASO and AR (included in RPC 2068)             |
|            | >                                                       |
|            | > LOCAL REPRODUCTION AUTHORIZED                         |
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