September 27, 2011 M21-1MR, Part I, Chapter 5, Table of Contents

Chapter 5. Appeals
Table of Contents

Section A: General Information on Appeals

Overview 5-A-1

1. Appeal Process 5-A-2

2. Withdrawing and/or Reinstating a Notice of Disagreement (NOD) or Appeal 5-A-11

Section B: Notice of Disagreement (NOD)

Overview 5-B-1

3. NOD Definition 5-B-2

4. Time Limits for Filing an NOD 5-B-4

5. Receipt of an NOD 5-B-6

6. Multiple Issue NODs 5-B-10

7. Reviewing an NOD for Further Development 5-B-12

8. Exhibit: Telephone Script 5-B-16

9. [Reserved] 5-B-17

Section C: Decision Review Officer (DRO) Review Process

Overview 5-C-1

10. Overview of the DRO Review Process 5-C-2

11. DRO Duties and Responsibilities 5-C-3

12. DRO Jurisdiction and Authority 5-C-7

13. De Novo Review 5-C-11

14. Informal Conferences 5-C-14

15. Making the Decision 5-C-17

16. Exhibit 1: Informal Conference Report 5-C-21

17. Exhibit 2: Appeals Satisfaction Notice 5-C-22

Section D: Statement of the Case (SOC) and Supplemental Statement of the Case (SSOC)

Overview 5-D-1

18. Jurisdiction and Cause for Issuing an SOC 5-D-2

19. Preparing an SOC 5-D-6

20. Issuing an SOC 5-D-14

21. Preparing and Issuing an SSOC 5-D-16

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Table of Contents, Continued

Section E: Filing a Substantive Appeal

Overview 5-E-1

22. Substantive Appeal 5-E-2

23. Processing a Substantive Appeal 5-E-7

24. Handling New Issues Raised on a Substantive Appeal 5-E-10

Section F: Docketing, Certification, and Claims Folder Transfer

Overview 5-F-1

25. Docketing Substantive Appeals 5-F-2

26. Certifying Substantive Appeals 5-F-3

27. VA Form 646, Statement of Accredited Representative in Appealed Cases 5-F-6

28. Transferring the Claims Folder 5-F-10

29. Receiving Evidence and Changes after Certification and Transfer 5-F-13

30. Advancing a Case on the Board of Veterans’ Appeals (BVA) Docket 5-F-18

31. Exhibit 1: Certification Worksheet 5-F-22

32. Exhibit 2: BVA Points of Contact 5-F-28

Section G: Board of Veterans’ Appeals (BVA) Decisions and Remands

Overview 5-G-1

33. Reviewing and Processing Decisions 5-G-2

34. Remanded Appeals 5-G-8

35. Developing, Reviewing, and Transferring Remanded Appeals 5-G-10

36. Exhibit 1: Notification Letter—Remanded Appeal Returned to BVA 5-G-15

Section H: Board of Veterans’ Appeals (BVA) Hearings

Overview 5-H-1

37. Travel Board Hearing Docket 5-H-2

38. Scheduling and Notification of BVA Travel Board Hearings 5-H-6

39. Preparing for Travel Board and Videoconference Hearings 5-H-11

40. Exhibit 1: Acknowledging a BVA Travel Board Hearing Request 5-H-14

41. Exhibit 2: Advising Appellant that Hearing Cannot Be Included on

Travel Board Hearing Docket 5-H-16

42. Exhibit 3: Notifying Appellant of Travel Board Hearing 5-H-18

43. Exhibit 4: Reminding Appellant of Travel Board Hearing 5-H-20

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Table of Contents, Continued

Section I: Court of Appeals for Veterans Claims (CAVC)

Overview 5-I-1

44. General Information on CAVC 5-I-2

45. CAVC Remanded Appeals 5-I-4

46. Determining Effective Dates Based on New CAVC Precedents 5-I-8

47. Examples of Determining Effective Dates 5-I-12

Section J: Special Appeal Issues and Cases

Overview 5-J-1

48. Claims Received While Folder Awaits Court of Appeals for Veterans
Claims (CAVC) Processing 5-J-2

49. Administrative Appeals 5-J-6

50. Appeals After Death 5-J-11

Section K: Veterans Appeals Control and Locator System (VACOLS)

Overview 5-K-1

51. General Information on VACOLS 5-K-2 52. Reports 5-K-5

53. End Products and Appeal Establishment 5-K-6

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