a. Requesting Clarification from Claimants If it is uncertain whether a communication from the claimant is a notice of disagreement (NOD), request clarification from the claimant. Reference: For more information on requesting clarification from a claimant, see M21-1, Part I, 5.B.4.b. b. Sympathetic Review of Appeal Submissions Veterans Benefits Administration (VBA) policy is to consider all claims sympathetically or liberally by generously construing the evidence and resolving any ambiguities in the appellant’s favor. Department of Veterans Affairs (VA) employees should liberally evaluate all evidence and statements from appellants to ensure all appealed issues are addressed. This does not require reading into the record an argument that has not been made. Important: Effective March 24, 2015, VA will only accept issues listed on a timely VA Form 21-0958, Notice of Disagreement, if required, as part of the appeal submission for compensation. Any additional evidence or statements suggesting appealed issues will be considered a request for notice of disagreement. Exception: There is no standard form requirement for an NOD which contests a pension decision. References: For more information on construing appeal submissions, see , 704 F.3d 946 (Fed.Cir. 2013) and , 552 F.3d 1362 (Fed.Cir. 2009) documenting the sympathetic review of appeal submissions, see M21-1, Part I.5.D.2.b, and M21-1, Part I.5.D.2.d, and determining/clarifying issues and potential claims, see M21-1, Part III, Subpart iv, 6.B. c. Response to Notice of Proposed Adverse Action Do not accept an NOD in response to a notice of proposed adverse action as a valid NOD. Advise the claimant that a proposed adverse action is merely a preliminary action that is not appealable and that a notice of appellate rights will be furnished when a final decision is made. Delete any Veterans Appeals Control and Locator System (VACOLS) record that was erroneously established. d. Response to Do not accept an NOD in response to a provisional rating as a valid NOD.
Introduction This topic provides information on time limits for filing an NOD, including NOD time limits computing the NOD time limit informing the claimant of an NOD that was not timely filed, and handling a time limit extension request. Change Date July 24, 2015 a. NOD Time Limits The table below describes the time limits for a claimant to file an NOD. An NOD for … Must be filed … a simultaneously contested claim, including an apportionment claim 60 days from the date the VA mailed the decision notice to the unsuccessful claimant, and in accordance with . References: For more information on contested claims, see M21-1, Part III, Subpart vi, 6, and apportionment claims, see M21-1, Part III, Subpart v, 3. all other claims one year from the date VA mailed the decision notice to the claimant. Important: If VA requests clarification of an incomplete or unclear NOD and there are less than 60 days remaining in the appeal period, provide the appellant 60 days from the date of request for clarification to respond. Note: When a VA Form 21-0958 is required to initiate an appeal, submitting the incorrect form does not extend, toll or otherwise delay the time limit for filing the correct form. Reference: For more information on clarifying NODs, see M21-1, Part I, 5.B.4.b.
pending any necessary development, such as examination, for the within scope issue. k. Handling Expressing Dissatisfaction or Disagreement Not Submitted on a VA Form 21-0958 When Required If a claimant or his/her representative submits a written statement expressing dissatisfaction or disagreement with a compensation decision and a desire to contest the decision on anything other than a VA Form 21-0958 Provide the claimant, in writing, information on how to obtain VA Form Inform the claimant that VA regulations require the timely submission of a VA Form 21-0958 in order to submit an appeal of the decision at issue, and the completed VA Form 21-0958 must be submitted within one year of the date of the decision notice sent to him/her on the issue(s) he/she is intending to appeal VA will take no further action until a completed VA Form 21-0958 is received, and follow the steps below to process a Request for Application for NOD Letter Step Action 1 Establish end product (EP) 400 Request for Notice of Disagreement. 2 Open the tool available on the intranet site. 3 Select the IPC tab in the . 4 Select the Request for Application for NOD Letter from the drop down menu. 5 Complete the fields for the contact information and the date of notification letter before clicking on the CREATE LETTER button. 6 Print and mail the letter to the claimant and, if necessary, the authorized representative. Reference: For more information on providing notices to an authorized representative, see M21-1, Part I, 3.B.1. 7 Associate the document with claims folder. For electronic documents, proceed to Step 8. 8 Open the ACTIONS drop down menu in the VBMS eFolder. Select Upload Document. Complete the fields as follows: SUBJECT: leave blank CATEGORY-TYPE: Correspondence - Miscellaneous: Report of Contact SOURCE: VBMS
Note: If, after following the procedures in the above table, it is still not clear whether the issue(s) can be considered an NOD, follow the procedures for an administrative appeal in M21-1, Part I, 5.J.2. References: For more information on notifying the accredited representative of communication with claimants, see M21-1, Part I, 3.B.1 clarification of issues under appeal when the standardized NOD, VA Form 21-0958, is required, see clarification of issues under appeal when VA Form 21-0958 is not required, see , and the administrative appeal process when VA Form 21-0958 is not required to initiate an appeal, see , and . 5. Reviewing an NOD for Further Development Introduction This topic contains information on reviewing an NOD for further development, including who reviews the NOD VA’s duty to assist the appellant in obtaining necessary evidence reviewing an NOD, and developing an NOD. Change Date July 24, 2015 a. Who Reviews the NOD When a timely NOD is received, the VSR, RVSR, or DRO, as appropriate, reviews the appeal to determine if the prior decision was correct, and any development or other action is needed. b. VA’s Duty to Assist the Appellant in Obtaining Necessary Evidence As with every substantially complete claim, VA has a duty to assist the appellant in obtaining the necessary evidence to substantiate his/her claim. Reference: For more information on VA’s Duty to Assist when requesting records, see M21-1, Part I, 1.C.