If a beneficiary submits evidence that requires further development c. Evidence Received in 60 Days Requiring continue payments Further begin to develop and evaluate additional evidence Development advance the pending issue suspense date for the proposed adverse action period for development of the evidence, and hold all the material obtained until reasonable efforts to obtain additional evidence have been exhausted, or a final decision can be made. Lay statements, medical records, or other records that are material to Note: the issue in which VA is proposing adverse action may be insufficient to justify a change in the proposed adverse action; however, this evidence may still provide sufficient information to warrant further development such as obtaining records or scheduling an examination. If the results of the development clearly indicate continuing Exception: entitlement to current benefits or new entitlement to greater benefits, notify the beneficiary and take appropriate award action. For more information on obtaining evidence after a proposed Reference: adverse action, see M21-1, Part I, 2.C.2.d. d. Requests by Develop to request all relevant records identified by the beneficiary or the Beneficiary representative during the 60-day response period. Do not take any action for VA to specified in the notice of proposed adverse action until VA has met its duty to Obtain assist. Evidence If the beneficiary submits a request for VA to obtain records that Exception: will impact the decision, then request the evidence, but do not delay the not action specified in the notice of proposed adverse action. For more information on References: relevant records and reasonable efforts in obtaining records, see M21-1, Part I, 1.C, and requesting evidence from sources other than the claimant, see M21-1, Part III, Subpart iii, 1.C, and developing for service records, see M21-1, Part III, Subpart iii, 2. e. Evidence If the beneficiary sends documentary evidence that supports the proposed Received adverse action Supporting the Proposed make the adjustment, and Adverse Action send the beneficiary a final decision notice of the implemented adverse action.
c. Evidence Received in 60 Days Requiring Further Development If a beneficiary submits evidence that requires further development continue payments begin to develop and evaluate additional evidence advance the pending issue suspense date for the proposed adverse action period for development of the evidence, and hold all the material obtained until reasonable efforts to obtain additional evidence have been exhausted, or a final decision can be made. Note: Lay statements, medical records, or other records that are material to the issue in which VA is proposing adverse action may be insufficient to justify a change in the proposed adverse action; however, this evidence may still provide sufficient information to warrant further development such as obtaining records or scheduling an examination. Exception: If the results of the development clearly indicate continuing entitlement to current benefits or new entitlement to greater benefits, notify the beneficiary and take appropriate award action. Reference: For more information on obtaining evidence after a proposed adverse action, see M21-1, Part I, 2.C.2.d. d. Requests by the Beneficiary for VA to Obtain Evidence Develop to request all relevant records identified by the beneficiary or representative during the 60-day response period. Do not take any action specified in the notice of proposed adverse action until VA has met its duty to assist. Exception: If the beneficiary submits a request for VA to obtain records that will not impact the decision, then request the evidence, but do not delay the action specified in the notice of proposed adverse action. References: For more information on relevant records and reasonable efforts in obtaining records, see M21-1, Part I, 1.C, and requesting evidence from sources other than the claimant, see M21-1, Part III, Subpart iii, 1.C, and developing for service records, see M21-1, Part III, Subpart iii, 2. e. Evidence Received Supporting the Proposed Adverse Action If the beneficiary sends documentary evidence that supports the proposed adverse action make the adjustment, and send the beneficiary a final decision notice of the implemented adverse action.