a. Definition: Appellant An appellant is a claimant who has initiated an appeal to the Board of Veterans’ Appeals (BVA) by filing a timely notice of disagreement (NOD) with the agency of original jurisdiction (AOJ) that completed the decision pursuant to the provisions of and either , or , as applicable. b. Definition: Claimant A claimant is a person who has filed a claim under 38, U.S.C., for entitlement to Department of Veterans Affairs (VA) benefits. Reference: For more information on claimants, see . c. Definition: DRO The Decision Review Officer (DRO) is a senior technical expert who is responsible for holding post-decisional hearings and processing appeals. The DRO may have jurisdiction of any appeal. Reference: For more information on DROs, DRO duties, and the DRO decision process, see M21-1, Part I, 5.C. d. Definition: NOD A notice of disagreement (NOD) about a decision rendered with notification sent prior to March 24, 2015, is a written communication from a claimant or his/her representative expressing dissatisfaction or disagreement with a decision, and a desire to contest the result. Although no specific wording is required in the NOD received prior to March 24, 2015, it must be written in terms that can be reasonably interpreted as a disagreement with a decision and a desire for appellate review. Effective March 24, 2015, every case in which the AOJ provides, in connection with its decision, a form for the purpose of initiating an appeal, a notice of disagreement consists of a completed and timely submitted copy of that form. VA will not accept as a notice of disagreement an expression of dissatisfaction or disagreement with an adjudicative determination by the AOJ and a desire to contest the result that is submitted in any other format, including on a different VA form. Reference: For more information on NODs, see M21-1, Part I, 5.B.
a. Formal Hearings The appellant may elect to have a formal hearing at any time during the appeal process. Reference: For more information on hearings, see M21-1, Part I, 4. b. Overview of the Appeal Process The table below describes the stages in the appeal process. Stage Who Is Responsible Action Reference 1 Appellant files an NOD in response to a VA decision regarding his/her benefit claim, and may elect either the DRO review process or the traditional appellate review process. Note: The September 2015 version of VA Form 21-0958, Notice of Disagreement, includes new checkboxes for the appellant to elect either the DRO review process or the traditional appellate review process. Appellants may also choose to elect a particular appellate review process with the submission of valid NODs in other formats. See M21-1, Part I, 5.B. 2 Intake Processing Center (IPC) and Appeals development activity accepts the NOD if it does not need further clarification, such as clarifying which issues are being appealed when a decision contains multiple issues establishes a Veterans Appeal Control and Locator System (VACOLS) record establishes an end product (EP) 170 per steps in M21-1, Part III, Subpart ii, 3.E.1.d, and only if the election is not received with the NOD, gives the appellant the option to elect See M21-1, Part I, 5.B.3 M21-1, Part I, 5.B.4 M21-1, Part I, 5.B.5 M21-1, Part III, Subpart ii, 3.E.1 M21-1, Part 1, 5.K, and .
change(s) made. If a change is warranted on only some issues, the appeals rating activity issues an SOC confirming the decision on appeal and explaining the reasons for the VA decision, and sends VA Form 9 to the appellant and cancels EP 170 after an SOC is sent. If no change is warranted on any issue, the appeals rating activity issues an SOC confirming the decision on appeal and explaining the reasons for the VA decision, and sends VA Form 9 to the appellant and cancels EP 170 after SOC is sent. 6 Appellant returns VA Form 9 or a substantive appeal in lieu of VA Form 9 within the applicable time frames, and may elect one of the following types of BVA hearings Travel Board Videoconference, or in person in Washington, DC, or may elect a local hearing before RO personnel. Note: An appellant may also choose not to have a hearing. See M21-1, Part I, 5.E M21-1, Part I, 4, and M21-1, Part I, 5.H. 7 IPC when VA Form 9 is received reestablishes the EP 170, and updates VACOLS. See M21-1, Part III, Subpart ii, 3.E.2. 8 Appeals rating activity sends an SSOC to the appellant if VA receives additional evidence, and the appellant requests, in See M21-1, Part I, 5.D.4, and .
VACOLS records. If all issues are decided, go to Step 13. remands the case to the RO or AMC, then the appeals development activity performs additional development in accordance with the remand, and appeals rating activity issues a new decision. Note: If the new decision does not fully grant the benefit on appeal, the appeals rating activity prepares an SSOC, and returns the case to BVA. 13 BVA Issues a final decision in a remanded case and returns the case to the RO for review/processing. See M21-1, Part I, 5.G. 14 Appellant May appeal the final BVA decision to the U.S. Court of Appeals for Veterans Claims (CAVC) within 120 days of the date of the decision if he/she is not satisfied with the BVA decision. See M21-1, Part I, 5.G.2, and M21-1, Part I, 5.I. 3. Withdrawing and/or Reinstating an NOD or Appeal Introduction This topic contains information on the withdrawal of an NOD or appeal by the appellant, or representative the time limit for reinstating an NOD or appeal, and reinstating an NOD or appeal. Change Date May 28, 2015