Beneficiary regarding the competency based on the evidence of record. beneficiary’s Takes No Action For more information about the actions to take after the response Reference: period ends, see M21-1MR, Part III, Subpart v, 9.B.2.b, starting with Step 5. The VSC collocated with the fiduciary hub of jurisdiction will handle all l. Processing a NOD Received appeals of incompetency determination. After a Final Rating of If a notice of disagreement (NOD) is received after a final rating of Incompetency incompetency, prepare a statement of the case (SOC) send the SOC to the beneficiary, or fiduciary, if applicable, and the or representative, and beneficiary’s fiduciary’s enclose VA Form 9, Appeal to Board of Veterans’ Appeals. When preparing the SOC, carefully consider whether the Important: inclusion of certain information could be detrimental to the state beneficiary’s of mind. A decision to exclude information on this basis must be supported by a opinion and advice concerning the appropriate way to physician’s communicate the information directly to the beneficiary. Fiduciary hubs will handle all appeals regarding the selection of a Note: fiduciary. For more information on References: sending a SOC, see M21-1, Part I, 5.D.3, and releasing information that may be detrimental to the state of beneficiary’s mind, see M21-1, Part I, 5.D.2.d and e. 4. Information About the Brady Act Introduction This topic contains information about the Brady Act, including effect of the Brady Act on incompetent beneficiaries relief from the Brady Act requirements initial steps to take upon receipt of a request for relief required paragraphs for National Instant Criminal Background Check System (NICS) relief development letter consent form that must accompany the NICS relief development letter general information about decisions to grant or deny a request for relief evidence Veterans Service Representatives (VSRs) must consider when deciding a request for relief
Beneficiary Takes No Action regarding the beneficiary’s competency based on the evidence of record. Reference: For more information about the actions to take after the response period ends, see M21-1MR, Part III, Subpart v, 9.B.2.b, starting with Step 5. l. Processing a NOD Received After a Final Rating of Incompetency The VSC collocated with the fiduciary hub of jurisdiction will handle all appeals of incompetency determination. If a notice of disagreement (NOD) is received after a final rating of incompetency, prepare a statement of the case (SOC) send the SOC to the beneficiary, or fiduciary, if applicable, and the beneficiary’s or fiduciary’s representative, and enclose VA Form 9, Appeal to Board of Veterans’ Appeals. Important: When preparing the SOC, carefully consider whether the inclusion of certain information could be detrimental to the beneficiary’s state of mind. A decision to exclude information on this basis must be supported by a physician’s opinion and advice concerning the appropriate way to communicate the information directly to the beneficiary. Note: Fiduciary hubs will handle all appeals regarding the selection of a fiduciary. References: For more information on sending a SOC, see M21-1, Part I, 5.D.3, and releasing information that may be detrimental to the beneficiary’s state of mind, see M21-1, Part I, 5.D.2.d and e. 4. Information About the Brady Act Introduction This topic contains information about the Brady Act, including effect of the Brady Act on incompetent beneficiaries relief from the Brady Act requirements initial steps to take upon receipt of a request for relief required paragraphs for National Instant Criminal Background Check System (NICS) relief development letter consent form that must accompany the NICS relief development letter general information about decisions to grant or deny a request for relief evidence Veterans Service Representatives (VSRs) must consider when deciding a request for relief