# Veterans Benefits Administration M21-1, Part III

**Department of Veterans Affairs Change 134**

# Washington, DC 20420 October 5, 2005

Veterans Benefits Manual M21-1, Part III "Authorization and Clerical
Procedures," Chapter 11, "Correspondence," is changed as follows:

**Pages 11-I-3 through 11-I-4:** Remove these pages and substitute pages
11-I-3 through 11-I-4 attached.

New paragraph 11.09e is added to provide instructions for resolving a
claim on a VONAPP application when no signature is received. This change
ensures M21-1 is consistent with the procedures described in Fast Letter
00-96.

By Direction of the Under Secretary for Benefits

Renée Szybala, Director

> Compensation and Pension Service

Distribution: RPC: 2068

FD: EX: ASO and AR (included in RPC 2068)

LOCAL REPRODUCTION AUTHORIZED

## October 5, 2005 M21-1, Part III

**Change 134**

e\. If notification as provided above is not satisfactory, local
arrangements may be effected.

**11.08 UNNECESSARY CORRESPONDENCE**

Every correspondent will be furnished, insofar as the limitations of the
law permit, with a fully informative reply to his or her letter. Once
the claimant has been advised of the disposition of the case, do not
initiate further correspondence in the absence of continuing interest on
the correspondent\'s part. Keep Members of Congress who have requested
that they be advised of subsequent developments in a case and duly
authorized representatives actively prosecuting claims fully informed at
all times of action taken.

**11.09 CLAIMANT NOTIFICATION REQUIREMENTS**

a\. We must provide claimants and their representatives with timely
notice of any decision made by VA affecting their benefit eligibility or
entitlement. Title 38 CFR 3.103 provides that decision notification
letters must include the following elements:

-   The decision(s) made

-   Any applicable effective dates

-   What evidence we considered (if a denial involved)

-   The reason(s) for the decision(s)

-   The right to a hearing

-   The right to representation

-   The right to appeal

\(1\) A notification letter need not summarize the evidence considered
or state the reason(s) for the decision(s) *when a rating decision is
attached*. etc.

\(2\) When a rating decision *isn't* attached, the decision notification
letter must include all of the above elements.

\(3\) We should also inform the claimant of any additional benefits or
entitlements to which he or she may be due (e.g., Vocational
Rehabilitation and Employment benefits and hospital treatment).

b\. Pretermination/reduction notice or contemporaneous notice is
required whenever it is necessary to terminate, reduce, or otherwise
adversely affect an active award/payment of compensation, pension, or
DIC.

c\. When corresponding with or processing the claim of a veteran with
visual impairment evaluated as 70 percent or more disabling, ensure that
VA Form 21-0178, Visually Impaired Veteran, is back-filed in the center
flap of the claims folder. The BDN will print the message **\"VISUALLY
IMPAIRED --VSR NOTIFICATION REQ.\"** in the remarks section of the award
print. The Public Contact Team will call the veteran to relate the
letter\'s content. Also, make the following changes, primarily to the
body of the standard Personal Computer Generated Letter (PCGL) letter:

\(1\) The font should be either Arial or Verdana (that is, without
serifs but with fixed widths).

\(2\) The font size should be largely 18 point. The width of a column
within a table, chart, or box may be adjusted to fit the larger font.
After adjusting, if the table still cannot accommodate the larger font,
then utilize the largest font for those characters within it that fit
neatly.

> \(3\) Lines should be 1.5 (one and one-half) spaces apart to the
> extent possible.

**11-I-3**

**M21-1, Part III October 5, 2005**

**Change 134**

\(4\) The header and footer may generally be left as generated unless
easily altered as above. The letter's default one-inch margin,
block-paragraph style, and left justification (with the lack of
justification on the right) should not usually be altered.

\(5\) Most of the recommended alterations can be performed using basic
work processing tools. However, depending on the proficiency of the
individual members of the responsible team, these modifications may have
to be performed by specially designated people.

\(6\) Outgoing envelopes may need to be addressed manually, as the
windows in standard envelopes might not be able to accommodate the
increased size of the address section.

Note: The above recommended print parameters were based on *Large Print:
Guidelines for Optimal Readability*, published by the American Printing
House for the Blind (http://www.aph.org/edresearch/lpguide.htm).

d\. If a formal rating decision contains a deferred issue, the
Pre-Determination Team will quickly complete the requested development.
It will then immediately forward the decision to the Post-Determination
Team. The latter will prepare the award and notification letter. The
notification will identify the deferred issue and include an explanation
of the development requested from any third party as well as that needed
from the claimant.

e\. **VONAPP Claims.** A VONAPP claim may not be finalized unless the
claimant has signed the application. If a decision on the claim has been
made but no signature provided, change the pending end product to EP
400, then clear it. Notify the claimant that a decision has been made,
but do not discuss the outcome. In the absence of a signed application,
there is no valid claim. Therefore, neither notification of a decision
nor procedural rights are furnished to the claimant.

**11.10 CORRESPONDENCE RELEASED BY THE VETERANS SERVICE CENTER**

a\. Correspondence prepared by the Veterans Service Center will be
released under the authority granted to the Veterans Service Center
Manager (VSCM) or, in the absence of the VSCM, the person designated as
Acting VSCM. Correspondence prepared and released by the Veterans
Service Center will be for the signature of the VSCM.

\(1\) The VSCM will delegate authority to Veterans Service Center
personnel to sign correspondence for release as deemed appropriate.

\(2\) Veterans Service Center correspondence, whether generated by the
BDN, form letter, or dictated letter, will be signed with the
designations of the VSCM\'s name and title.

*Note:* If there are compelling reasons, such as personal threats
against the security of the VSCM or members of his or her family, the
regional office Director may authorize Veterans Service Center
correspondence to be signed with the words \"DEPARTMENT OF VETERANS
AFFAIRS\" (in all capital letters) instead of the VSCM\'s name.

b\. Any notification by form or other locally-generated letter of the
grant or denial of benefits must be reviewed and a copy filed in the
claims folder before the folder is returned to files. See paragraph
11.06.

**11-I-4**