3.103(b)(2), are provisions for due process associated with adverse actions. Additional instructions for implementation are found in M21-1, Part I, Chapter 2. Strict adherence to these procedures is necessary both from the and the customer’s perspective Government’s. I1) Was a predetermination notice sent? This notice is based upon a proposed, rather than final, action. Contemporaneous notice is not included. I2) Was the predetermination notice fully of the elements specified in M21-1, All informative? I.2.B.2 must be included in this notice. I3) Was the claimant given 60 days to respond Control is maintained under end product 600. before the due process period expired? A 60-day waiting period is required unless the claimant agrees to the proposed action, states that all evidence has been provided, or the reduction is deemed unnecessary prior to expiration of due process. ADMINISTRATIVE DECISIONS DENIALS J1) Admin Grant or Denial Was all Question J1 is self-explanatory. – – applicable evidence discussed? J2) Admin Grant or Denial Was the basis of Question J2 is self-explanatory. – – each decision explained? J3) Were required formal admin decisions 38 CFR 3.450 through 3.461 contains the completed and correct (apportionment, deemed basic rules for apportionment decisions. The valid marriage, character of discharge, etc.)? specific requirement for a formal apportionment decision, for both favorable and unfavorable decisions, is found in III.v.3 and III.v.8.B. NOTIFICATION 38 CFR 3.103 contains the basic rule. Claimants and their representatives are entitled to timely notice of any decision made by VA. This rule applies to both awards and disallowances. K1) Was notification sent and documented in Notification may be placed in claims folder the file? or in the electronic record(s). The appeal period does not begin until the claimant and representative are notified of the decision. K2) Was the notification correct? Correspondence is primary VA’s communication medium. Information must be complete and accurate. K3) Were appeal rights included? Notice of procedural and appellate rights is required following every decision.
3.103(b)(2), are provisions for due process associated with adverse actions. Additional instructions for implementation are found in M21-1, Part I, Chapter 2. Strict adherence to these procedures is necessary both from the customer’s perspective and the Government’s. I1) Was a predetermination notice sent? This notice is based upon a proposed, rather than final, action. Contemporaneous notice is not included. I2) Was the predetermination notice fully informative? All of the elements specified in M21-1, I.2.B.2 must be included in this notice. I3) Was the claimant given 60 days to respond before the due process period expired? Control is maintained under end product 600. A 60-day waiting period is required unless the claimant agrees to the proposed action, states that all evidence has been provided, or the reduction is deemed unnecessary prior to expiration of due process. ADMINISTRATIVE DECISIONS DENIALS J1) Admin – Grant or Denial – Was all applicable evidence discussed? Question J1 is self-explanatory. J2) Admin – Grant or Denial – Was the basis of each decision explained? Question J2 is self-explanatory. J3) Were required formal admin decisions completed and correct (apportionment, deemed valid marriage, character of discharge, etc.)? 38 CFR 3.450 through 3.461 contains the basic rules for apportionment decisions. The specific requirement for a formal apportionment decision, for both favorable and unfavorable decisions, is found in III.v.3 and III.v.8.B. NOTIFICATION 38 CFR 3.103 contains the basic rule. Claimants and their representatives are entitled to timely notice of any decision made by VA. This rule applies to both awards and disallowances. K1) Was notification sent and documented in the file? Notification may be placed in claims folder or in the electronic record(s). The appeal period does not begin until the claimant and representative are notified of the decision. K2) Was the notification correct? Correspondence is VA’s primary communication medium. Information must be complete and accurate. K3) Were appeal rights included? Notice of procedural and appellate rights is required following every decision.