new decision. If the new decision does Note: not fully grant the benefit on appeal, the appeals rating activity prepares an SSOC, and returns the case to BVA. 12 BVA Issues a final decision in a See M21-1, remanded case and returns the Part I, 5.G. case to the RO for review/processing. 13 Appellant May appeal the final BVA See decision to the U.S. Court of Appeals for Veterans Claims M21-1, Part I, (CAVC) within 120 days of the 5.G.2, and date of the decision if he/she is not M21-1, Part I, satisfied with the BVA decision. 5.I. 3. Withdrawing and/or Reinstating a Notice of Disagreement (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 a. Withdrawal An request to withdraw an NOD or appeal be submitted in must appellant’s of an NOD or writing. Appeal by the Appellant A written submission is not required when the appellant Exception: withdraws an appeal on the record at a hearing. Failure of the appellant to report for an examination or furnish Note: evidence requested by VA does constitute withdrawal of an appeal. not
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. 12 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. 13 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 a Notice of Disagreement (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 a. Withdrawal of an NOD or Appeal by the Appellant An appellant’s request to withdraw an NOD or appeal must be submitted in writing. Exception: A written submission is not required when the appellant withdraws an appeal on the record at a hearing. Note: Failure of the appellant to report for an examination or furnish evidence requested by VA does not constitute withdrawal of an appeal.