a. Who May An appellant has a right to review of his/her claim if he/she files a de novo Receive a De timely NOD with the decision on a benefit claim, and either Review Novo requests review at the time of submission of NOD, or de novo requests review within 60 days of the date VA sends the notice of de novo the right to review. de novo Notes: The 60-day time limit be extended. cannot An appellant have more than one review of the issue on cannot de novo appeal. For more information on References: review, see de novo , and M21-1, Part I, 5.A.1.i definition of appellant, see M21-1, Part I, 5.A.1.a DRO jurisdiction and authority, see M21-1, Part I, 5.C.3, and downstream issues, see M21-1, Part I, 5.A.1.f, and M21-1, Part I, 5.C.3. At VA discretion, the review is conducted by the b. Who de novo Conducts a De Review Novo VSCM PMCM, or DRO. Only an individual who did participate in the original decision Note: not being appealed may conduct the review. de novo For more information on References: who conducts a review, see de novo DRO jurisdiction and authority, see M21-1, Part I, 5.C.3 acting DROs, see M21-1, Part I, 5.C.2.e, and visiting DROs, see M21-1, Part I, 5.C.3.e. Review only those decisions that have not become final by c. What May Be Reviewed During a De appellate decision, or Review Novo failure to timely appeal. The review will encompass the decision with which the appellant has only expressed disagreement in the NOD.
a. Who May Receive a De Novo Review An appellant has a right to de novo review of his/her claim if he/she files a timely NOD with the decision on a benefit claim, and either requests de novo review at the time of submission of NOD, or requests de novo review within 60 days of the date VA sends the notice of the right to de novo review. Notes: The 60-day time limit cannot be extended. An appellant cannot have more than one de novo review of the issue on appeal. References: For more information on de novo review, see , and M21-1, Part I, 5.A.1.i definition of appellant, see M21-1, Part I, 5.A.1.a DRO jurisdiction and authority, see M21-1, Part I, 5.C.3, and downstream issues, see M21-1, Part I, 5.A.1.f, and M21-1, Part I, 5.C.3. b. Who Conducts a De Novo Review At VA discretion, the de novo review is conducted by the VSCM PMCM, or DRO. Note: Only an individual who did not participate in the original decision being appealed may conduct the de novo review. References: For more information on who conducts a de novo review, see DRO jurisdiction and authority, see M21-1, Part I, 5.C.3 acting DROs, see M21-1, Part I, 5.C.2.e, and visiting DROs, see M21-1, Part I, 5.C.3.e. c. What May Be Reviewed During a De Novo Review Review only those decisions that have not become final by appellate decision, or failure to timely appeal. The review will encompass only the decision with which the appellant has expressed disagreement in the NOD.