**Revisions**

**§3.2600 Review of benefit claims decisions.**

\(a\) A claimant who has filed a timely Notice of Disagreement with a
decision of an agency of original jurisdiction on a benefit claim has a
right to a review of that decision under this section. The review will
be conducted by a Veterans Service Center Manager, or Decision Review
Officer, at VA's discretion. An individual who did not participate in
the decision being reviewed will conduct this review. Only a decision
that has not yet become final (by appellate decision or failure to
timely appeal) may be reviewed. Review under this section will encompass
only decisions with which the claimant has expressed disagreement in the
Notice of Disagreement. The reviewer will consider all evidence of
record and applicable law, and will give no deference to the decision
being reviewed.

\(b\) Unless the claimant has requested review under this section with
his or her Notice of Disagreement, VA will, upon receipt of the Notice
of Disagreement, notify the claimant in writing of his or her right to a
review under this section. To obtain such a review, the claimant must
request it not later than 60 days after the date VA mails the notice.
This 60-day time limit may not be extended. If the claimant fails to
request review under this section not later than 60 days after the date
VA mails the notice, VA will proceed with the traditional appellate
process by issuing a Statement of the Case. A claimant may not have more
than one review under this section of the same decision.

\(c\) The reviewer may conduct whatever development he or she considers
necessary to resolve any disagreements in the Notice of Disagreement,
consistent with applicable law. This may include an attempt to obtain
additional evidence or the holding of an informal conference with the
claimant. Upon the request of the claimant, the reviewer will conduct a
hearing under §3.103(c).

\(d\) The reviewer may grant a benefit sought in the claim
notwithstanding §3.105(b), but, except as provided in paragraph (e) of
this section, may not revise the decision in a manner that is less
advantageous to the claimant than the decision under review. A review
decision made under this section will include a summary of the evidence,
a citation to pertinent laws, a discussion of how those laws affect the
decision, and a summary of the reasons for the decision.

\(e\) Notwithstanding any other provisions of this section, the reviewer
may reverse or revise (even if disadvantageous to the claimant) prior
decisions of an agency of original jurisdiction (including the decision
being reviewed or any prior decision that has become final due to
failure to timely appeal) on the grounds of clear and unmistakable error
(see §3.105(a)).

\(f\) Review under this section does not limit the appeal rights of a
claimant. Unless a claimant withdraws his or her Notice of Disagreement
as a result of this review process, VA will proceed with the traditional
appellate process by issuing a Statement of the Case.

\(g\) This section applies to all claims in which a Notice of
Disagreement is filed on or after June 1, 2001. (Authority: 38 U.S.C.
5109A and 7105(d))

\[66 FR 21874, May 2, 2001, as amended at 67 FR 46868, July 17, 2002\]

**Supplement *Highlights* reference**: 46(1)

*End of Subpart D*

*End of Book B*