A decision may be amended on the same factual basis by RO Exceptions: employees as follows upon review of a timely notice of disagreement (NOD) as provided de novo by when there is difference of opinion authority when permitted by , or when there is clear and unmistakable error (CUE) as provided by . c. Finally A claim is defined in . It refers to the status of an award finally adjudicated Adjudicated or denial of benefits when either Claims the appeal period has expired without an appeal being initiated, or an appeal is initiated and denied on appellate review. d. Final and A claim that has not been finally adjudicated (which includes claims where a Binding but not final and binding decision has been issued but the appeal period has not Finally expired) is still considered a under . pending claim Adjudicated Claims For more information on reconsideration and new and material Reference: evidence in the appeal period, see M21-1, Part III, Subpart ii, 2.F. Use the table below if revising a prior decision that is final and binding as e. Revising Final and defined in M21-1, Part III, Subpart iv, 2.B.1.a to determine which revision Binding authority(ies) can be applied. Decisions Then the decision may be If… revised… by a Decision Review Officer (DRO) the Veteran filed a timely NOD, and on the same evidentiary basis elected review in a de novo timely manner under review authority, or de novo when CUE is identified, or when new and material evidence is submitted or developed after the prior decision. by a DRO or other appropriate decision the Veteran filed a timely maker as assigned by division management NOD, and did not elect de novo on the same evidentiary basis review (or did not make a timely election) based on a difference of opinion, if approved by VA Central Office (VACO), or when a CUE is identified, or when new and material evidence is submitted or developed after the prior decision.
Exceptions: A decision may be amended on the same factual basis by RO employees as follows upon de novo review of a timely notice of disagreement (NOD) as provided by when there is difference of opinion authority when permitted by , or when there is clear and unmistakable error (CUE) as provided by . c. Finally Adjudicated Claims A finally adjudicated claim is defined in . It refers to the status of an award or denial of benefits when either the appeal period has expired without an appeal being initiated, or an appeal is initiated and denied on appellate review. d. Final and Binding but not Finally Adjudicated Claims A claim that has not been finally adjudicated (which includes claims where a final and binding decision has been issued but the appeal period has not expired) is still considered a pending claim under . Reference: For more information on reconsideration and new and material evidence in the appeal period, see M21-1, Part III, Subpart ii, 2.F. e. Revising Final and Binding Decisions Use the table below if revising a prior decision that is final and binding as defined in M21-1, Part III, Subpart iv, 2.B.1.a to determine which revision authority(ies) can be applied. If… Then the decision may be revised… the Veteran filed a timely NOD, and elected de novo review in a timely manner by a Decision Review Officer (DRO) on the same evidentiary basis under de novo review authority, or when CUE is identified, or when new and material evidence is submitted or developed after the prior decision. the Veteran filed a timely NOD, and did not elect de novo review (or did not make a timely election) by a DRO or other appropriate decision maker as assigned by division management on the same evidentiary basis based on a difference of opinion, if approved by VA Central Office (VACO), or when a CUE is identified, or when new and material evidence is submitted or developed after the prior decision.