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

**Department of Veterans Affairs August 19, 2005**

**Washington, DC 20420**

#### Transmittal Sheet 

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| #####      | > Veterans Benefits Manual M21-1MR, Part I, "Claimant's |
|  M21-1MR,  | > Rights and Responsibilities," is changed as follows:  |
|            | >                                                       |
| ##         | > The following pages are updated in this change:       |
| ### Part I |                                                         |
|            | -   **1-i**                                             |
| #####      |                                                         |
|            | -   **1-B-1, 1-B-3 through 1-B-7**                      |
|            |                                                         |
|            | -   **1-C-1, 1-C-8 through 1-C-11 and 1-C-13 through    |
|            |     1-C-16**                                            |
|            |                                                         |
|            | -   **2-B-11 and 2-B-14**                               |
|            |                                                         |
|            | -   **3-C-1 and 3-C-22**                                |
|            |                                                         |
|            | -   **5-i through 5-iii**                               |
|            |                                                         |
|            | -   **5-A-3, 5-A-6, and 5-A-8 through 5-A-10**          |
|            |                                                         |
|            | -   **5-B-8 through 5-B-11**                            |
|            |                                                         |
|            | -   **5-C-3 through 5-C-5, 5-C-8, 5-C-19, and 5-C-23**  |
|            |                                                         |
|            | -   **5-D-4, 5-D-10 through 5-D-15, 5-D-17, and 5-D-19  |
|            |     (deleted)**                                         |
|            |                                                         |
|            | -   **5-E-1 through 5-E-10**                            |
|            |                                                         |
|            | -   **5-F-1 through 5-F-30**                            |
|            |                                                         |
|            | -   **5-G-1 through 5-G-12**                            |
|            |                                                         |
|            | -   **5-H-1 through 5-H-15**                            |
|            |                                                         |
|            | -   **5-I-1 through 5-I-13**                            |
|            |                                                         |
|            | -   **5-J-1 through 5-J-13, and**                       |
|            |                                                         |
|            | -   **5-K-1 through 5-K-8**                             |
|            |                                                         |
|            |     ***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.                                          |
|            |                                                         |
|            | -   Formatting changes are made throughout Part I to    |
|            |     conform to M21-1MR publication standards.           |
|            |                                                         |
|            | -   Other minor editorial changes are made throughout   |
|            |     Part I for clarity and consistency.                 |
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Continued on next page

Transmittal Sheet, Continued

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| Changes    | > The table in 1.B.3.b. is revised to clarify that when |
| Included   | > an application is received that is                    |
| in This    |                                                         |
| Part       | -   substantially complete, the claimant should be      |
|            |     requested to submit any evidence in his/her         |
|            |     possession that pertains to the claim               |
|            |                                                         |
|            | -   an unsigned VONAPP application                      |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   end product control should be established upon      |
|            |     receipt, and                                        |
|            |                                                         |
|            | -   development should be initiated as if the unsigned  |
|            |     application were substantially complete, and        |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   not substantially complete                          |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   no end product (EP) control should be established   |
|            |     until a complete application is received            |
|            |                                                         |
|            | -   any existing EP control should be cancelled         |
|            |                                                         |
|            | -   information needed to complete the application      |
|            |     should be obtained by telephone whenever possible,  |
|            |     and                                                 |
|            |                                                         |
|            | -   if the claimant cannot be reached by telephone, the |
|            |     original application should be returned for         |
|            |     completion.                                         |
|            |                                                         |
|            | > A note is added to 1.B.4.a. to indicate that the      |
|            | > substantially complete application criteria and       |
|            | > notification requirements shown in M21-1MR, Part I,   |
|            | > 1.B.3.a. and 1.B.3.b. also apply to reopened claims.  |
|            | >                                                       |
|            | > 1.C.6.c. is revised to clarify that if a claim        |
|            | > includes issues for which benefits may be granted, a  |
|            | > rating decision addressing these issues may be        |
|            | > prepared and promulgated pending the receipt of       |
|            | > non-Federal records.                                  |
|            | >                                                       |
|            | > 1.C.7.c. is revised to add M21-1 and M21-1MR          |
|            | > reference citations for requesting examinations and   |
|            | > medical opinions.                                     |
|            | >                                                       |
|            | > 2.B.7.a. is revised to correct the reference citation |
|            | > for the WIPP User Guide.                              |
|            | >                                                       |
|            | > 2.B.8.a. is revised to correct the reference citation |
|            | > for apportionment claim procedures.                   |
|            | >                                                       |
|            | > The Overview for Part I, 3.C. is revised to correct   |
|            | > the title of topic 16 to "Withholding a Portion of    |
|            | > Past-Due Benefits and Authorizing an Award."          |
|            | >                                                       |
|            | > In 3.C.17.a., Step 5, is revised to correct the       |
|            | > reference citations for the notification letter       |
|            | > format.                                               |
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Transmittal Sheet, Continued

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| ##### C    | > In 5.A.1.b.                                           |
| hanges Inc |                                                         |
| luded in T | -   Stage 6 is revised to reflect that a hearing may be |
| his Part ( |     scheduled before regional office personnel other    |
| continued) |     than a Decision Review Officer (DRO)                |
|            |                                                         |
|            | -   Stage 8 is revised and Stage 9 is added to show     |
|            |     that a Claims Assistant is responsible for          |
|            |     transferring the claims folder to the Board of      |
|            |     Veterans' Appeals (BVA)                             |
|            |                                                         |
|            | -   Stages 9 through 12 are renumbered accordingly, and |
|            |                                                         |
|            | -   a note is added to reflect that the composition of  |
|            |     the local appeals teams may vary.                   |
|            |                                                         |
|            | > 5.B.5.b. is revised to show that when a hearing       |
|            | > request is received with a notice of disagreement     |
|            | > (NOD), the hearing will be scheduled and held prior   |
|            | > to the release of the statement of the case (SOC)     |
|            | > regardless of which review process is elected. This   |
|            | > is in accordance with 38 U.S.C. 1705(d)(1), which     |
|            | > states that an SOC should be prepared only after      |
|            | > development or review action has failed to resolve    |
|            | > the NOD.                                              |
|            | >                                                       |
|            | > 5.B.6.b. is revised to explain the procedures to      |
|            | > follow when an NOD involves multiple issues, and at   |
|            | > least one of the issues requires clarification.       |
|            | >                                                       |
|            | > 5.C.11.b. and 5.C.11.c. are revised to reflect that a |
|            | > DRO is under the direct                               |
|            | >                                                       |
|            | > supervision of the Veterans Service Center Manager    |
|            | > (VSCM) or assistant VSCM and that the Appeals Team    |
|            | > Coach may assign work to the DRO.                     |
|            | >                                                       |
|            | > A reference to M21-1MR, Part IX, Subpart i, is added  |
|            | > to 5.C.12.b.                                          |
|            | >                                                       |
|            | > In 5.C.17.a., the *Appeals Response* form is revised  |
|            | > to refer to a "self-addressed" return envelope rather |
|            | > than a "prepaid" return envelope.                     |
|            | >                                                       |
|            | > 5.D.18.d. is revised to correct the reference         |
|            | > citation for NODs related to attorney fee agreements. |
|            | >                                                       |
|            | > 5.D.19.f. is deleted because it is no longer proper   |
|            | > procedure to prepare an SOC prior to a hearing date.  |
|            | > Blocks 5.D.19.g. though 5.D.19.i. are renumbered.     |
|            | > 5.D.19.g. is revised to correct the M21-1 reference   |
|            | > citation for new and material evidence.               |
|            | >                                                       |
|            | > Topic 5.D.22 is deleted because it is no longer       |
|            | > proper procedure to release an SOC or SSOC in advance |
|            | > of a hearing date. Subsequent topics 5.D.23 through   |
|            | > 5.K.54 are renumbered, and references to these topics |
|            | > are updated throughout chapter 5.                     |
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Transmittal Sheet, Continued

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| ##### C    | > 5.E.23.b. is revised to indicate that when a          |
| hanges Inc | > substantive appeal is not timely filed, the VACOLS    |
| luded in T | > record should be closed out only if the record was    |
| his Part ( | > established erroneously.                              |
| continued) | >                                                       |
|            | > The note in 5.F.25.a. is revised to clarify that an   |
|            | > appellant's claims folder will not be transferred to  |
|            | > BVA immediately after being certified if a BVA Travel |
|            | > Board or videoconference hearing is scheduled.        |
|            | >                                                       |
|            | > 5.F.28.b. is revised to reflect that a temporary      |
|            | > claims folder should be created before a claims       |
|            | > folder is transferred to BVA and to clarify what      |
|            | > documents the temporary claims folder should contain. |
|            | >                                                       |
|            | > The table in 5.F.29.a. is revised to state that when  |
|            | > a regional office (RO) receives evidence related to   |
|            | > an appeal after the appeal has been certified and     |
|            | > transferred to the Board of Veterans' Appeals (BVA),  |
|            | > the RO should forward the new evidence and a copy of  |
|            | > the Veterans Appeals Control and Locator System       |
|            | > (VACOLS) screen or *VA Form 8, Certification of       |
|            | > Appeal,* to BVA. Per BVA Memorandum No. 01-05-09 (May |
|            | > 25, 2005), it is BVA's responsibility to solicit a    |
|            | > waiver of initial RO consideration from an appellant. |
|            | >                                                       |
|            | > References to *Disabled American Veterans et al. v.   |
|            | > Principi* (Fed. Cir. May 1, 2003) and VAOPGCPREC      |
|            | > 1-2003 are added to the table in 5.F.29.a.            |
|            | >                                                       |
|            | > 5.H.38.c. is revised and a note is added to reflect   |
|            | > that five hearings should be scheduled on the Travel  |
|            | > Board's arrival and departure days, typically Mondays |
|            | > and Fridays. The example of a five-day visit shown in |
|            | > 5.H.38.e. is updated.                                 |
|            | >                                                       |
|            | > A note is added to 5.H.38.g. to state the requirement |
|            | > to notify an appellant of a scheduled BVA Travel      |
|            | > Board hearing at least thirty days before the date of |
|            | > the Travel Board visit.                               |
|            | >                                                       |
|            | > 5.H.38.j. is added to explain the procedures to       |
|            | > follow when an appellant fails to report for a BVA    |
|            | > Travel Board hearing.                                 |
|            | >                                                       |
|            | > 5.H.38.k. is added to provide a sample of a *Failure  |
|            | > to Appear for Board Hearing* claims folder flash.     |
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Transmittal Sheet, Continued

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| ##### C    | > 5.I.44.b. is revised to clarify which appeals are not |
| hanges Inc | > under the jurisdiction of the Court of Appeals for    |
| luded in T | > Veterans Claims (CAVC).                               |
| his Part ( | >                                                       |
| continued) | > The table in 5.I.45.e. is revised to show the correct |
|            | > routing for returning a remanded CAVC appeal to BVA   |
|            | > and to explain what action to take when the appeal    |
|            | > cannot be returned by the suspense date.              |
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| ##### R    | -   Change to M21-1MR, Part I, 5.F dated March 8, 2005, |
| escissions |     and                                                 |
|            |                                                         |
|            | -   M21-1, Part III, Chapter 1, paragraphs 1.01 and     |
|            |     1.02 (unrelated rescission).                        |
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| #####      | > By Direction of the Under Secretary for Benefits      |
|  Authority |                                                         |
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| #####      | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\     |
|  Signature | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
|            |                                                         |
|            | Renée L. Szybala, Director                              |
|            |                                                         |
|            | > 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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