**§19.26 Action by agency of original jurisdiction on Notice of
Disagreement.**

\(a\) *Initial action*. When a timely Notice of Disagreement (NOD) is
filed, the agency of original jurisdiction (AOJ) must reexamine the
claim and determine whether additional review or development is
warranted.

\(b\) *Unclear communication or disagreement*. If within one year after
mailing an adverse decision (or 60 days for simultaneously contested
claims), the AOJ receives a written communication expressing
dissatisfaction or disagreement with the adverse decision, but the AOJ
cannot clearly identify that communication as expressing an intent to
appeal, or the AOJ cannot identify which denied claim(s) the claimant
wants to appeal, then the AOJ will contact the claimant to request
clarification of the claimant's intent. This contact may be either oral
or written.

\(1\) For oral contacts, VA will contact whoever filed the
communication. VA will make a written record of any oral clarification
request conveyed to the claimant including the date of the adverse
decision involved and the response. In any request for clarification,
the AOJ will explain that if a response to this request is not received
within the time period described in paragraph (c) of this section, the
earlier, unclear communication will not be considered an NOD as to any
adverse decision for which clarification was requested.

\(2\) For written contacts, VA will mail a letter requesting
clarification to the claimant and send a copy to his or her
representative and fiduciary, if any.

\(c\) *Response required from claimant*.

\(1\) Time to respond. The claimant must respond to the AOJ's request
for clarification within the later of the following dates:

\(i\) 60 days after the date of the AOJ's clarification request; or

\(ii\) One year after the date of mailing of notice of the adverse
decision being appealed (60 days for simultaneously contested claims).

\(2\) Failure to respond. If the claimant fails to provide a timely
response, the previous communication from the claimant will not be
considered an NOD as to any claim for which clarification was requested.
The AOJ will not consider the claimant to have appealed the decision(s)
on any claim(s) as to which clarification was requested and not
received.

\(d\) *Action following clarification*. When clarification of the
claimant's intent to file an NOD is obtained, the AOJ will reexamine the
claim and determine whether additional review or development is
warranted. If no further review or development is required, or after
necessary review or development is completed, the AOJ will prepare a
Statement of the Case pursuant to §19.29 unless the disagreement is
resolved by a grant of the benefit(s) sought on appeal or the NOD is
withdrawn by the claimant.

\(e\) *Representatives and fiduciaries*. For the purpose of the
requirements in paragraphs (b) through (d) of this section, references
to the "claimant'" include reference to the claimant or his or her
representative, if any, or to his or her fiduciary, if any, as
appropriate. (Authority: 38 U.S.C. 501, 7105, 7105A)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0674)

\[48 FR 6969, Feb. 17, 1983, as amended at 57 FR 4104, Feb. 3, 1992; 71
FR 56871, Sept. 28, 2006\]

**Supplement *Highlights* reference**: 74(1)