a. Requesting If it is uncertain whether a communication from the claimant is a notice of Clarification disagreement (NOD), request clarification from the claimant. from Claimants For more information on requesting clarification from a claimant, Reference: see M21-1, Part I, 5.B.4.b. b. Sympathetic Veterans Benefits Administration (VBA) policy is to consider all claims Review of sympathetically or liberally by generously construing the evidence and Appeal resolving any ambiguities in the appellant’s favor. Submissions Department of Veterans Affairs (VA) employees should liberally evaluate all evidence and statements from appellants to ensure all appealed issues are addressed. This does not require reading into the record an argument that has not been made. Effective March 24, 2015, VA will only accept issues listed on a Important: timely if required, as part of the VA Form 21-0958, Notice of Disagreement, appeal submission for compensation. Any additional evidence or statements suggesting appealed issues will be considered a request for notice of disagreement. There is standard form requirement for an NOD which Exception: no contests a pension decision. For more information on References: construing appeal submissions, see , 704 F.3d 946 (Fed.Cir. 2013) and , 552 F.3d 1362 (Fed.Cir. 2009) documenting the sympathetic review of appeal submissions, see M21-1, Part I.5.D.2.b, and M21-1, Part I.5.D.2.d, and determining/clarifying issues and potential claims, see M21-1, Part III, Subpart iv, 6.B. c. Response to Do accept an NOD in response to a notice of proposed adverse action as a not Notice of valid NOD. Proposed Adverse Action Advise the claimant that a proposed adverse action is merely a preliminary action that is not appealable and that a notice of appellate rights will be furnished when a final decision is made. Delete any Veterans Appeals Control and Locator System (VACOLS) record that was erroneously established. d. Response to Do accept an NOD in response to a provisional rating as a valid NOD. not
a. Requesting Clarification from Claimants If it is uncertain whether a communication from the claimant is a notice of disagreement (NOD), request clarification from the claimant. Reference: For more information on requesting clarification from a claimant, see M21-1, Part I, 5.B.4.b. b. Sympathetic Review of Appeal Submissions Veterans Benefits Administration (VBA) policy is to consider all claims sympathetically or liberally by generously construing the evidence and resolving any ambiguities in the appellant’s favor. Department of Veterans Affairs (VA) employees should liberally evaluate all evidence and statements from appellants to ensure all appealed issues are addressed. This does not require reading into the record an argument that has not been made. Important: Effective March 24, 2015, VA will only accept issues listed on a timely VA Form 21-0958, Notice of Disagreement, if required, as part of the appeal submission for compensation. Any additional evidence or statements suggesting appealed issues will be considered a request for notice of disagreement. Exception: There is no standard form requirement for an NOD which contests a pension decision. References: For more information on construing appeal submissions, see , 704 F.3d 946 (Fed.Cir. 2013) and , 552 F.3d 1362 (Fed.Cir. 2009) documenting the sympathetic review of appeal submissions, see M21-1, Part I.5.D.2.b, and M21-1, Part I.5.D.2.d, and determining/clarifying issues and potential claims, see M21-1, Part III, Subpart iv, 6.B. c. Response to Notice of Proposed Adverse Action Do not accept an NOD in response to a notice of proposed adverse action as a valid NOD. Advise the claimant that a proposed adverse action is merely a preliminary action that is not appealable and that a notice of appellate rights will be furnished when a final decision is made. Delete any Veterans Appeals Control and Locator System (VACOLS) record that was erroneously established. d. Response to Do not accept an NOD in response to a provisional rating as a valid NOD.
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