Adverse Decision character of a former service member’s discharge competency of a claimant or beneficiary to manage his/her financial affairs, and reduction or discontinuation of a VA benefit. Follow the guidelines in M21-1, Part I, 2.B.1 and 2.D.1.a, to determine whether VA must issue notice taking an adverse action, or before may issue notice at the same time it takes the adverse action (also known as “contemporaneous notice”). For more information about due process, see M21-1, Part I, Reference: 2.A.1. b. Notifying a After making a decision on a claim, VA must notify the claimant of Claimant of a Decision to the decision VA made, and Grant and/or the claimant’s Deny appellate rights, and Entitlement to right to Benefits procedural due process a hearing, and representation. The table below shows additional information VA include in its must decision notice. If VA ... Then VA must ... grants entitlement to a notify the claimant of benefit the monthly rate of payment the effective dates of entitlement and payment the amount of any benefits VA is withholding and the reason for the withholding, and information about any additional benefits to which the claimant may be entitled. denies entitlement to a provide the claimant with benefit the reason(s) for the decision, and a summary of the evidence it considered in determining entitlement does not exist. As a result of , 21 Vet.App. 130, 133 (2007), if VA decides a Important: claim but fails to notify the claimant of the decision, the claim remains open, legally, regardless of whether or not the regional office (RO) clears the
Adverse Decision character of a former service member’s discharge competency of a claimant or beneficiary to manage his/her financial affairs, and reduction or discontinuation of a VA benefit. Follow the guidelines in M21-1, Part I, 2.B.1 and 2.D.1.a, to determine whether VA must issue notice before taking an adverse action, or may issue notice at the same time it takes the adverse action (also known as “contemporaneous notice”). Reference: For more information about due process, see M21-1, Part I, 2.A.1. b. Notifying a Claimant of a Decision to Grant and/or Deny Entitlement to Benefits After making a decision on a claim, VA must notify the claimant of the decision VA made, and the claimant’s appellate rights, and right to procedural due process a hearing, and representation. The table below shows additional information VA must include in its decision notice. If VA ... Then VA must ... grants entitlement to a benefit notify the claimant of the monthly rate of payment the effective dates of entitlement and payment the amount of any benefits VA is withholding and the reason for the withholding, and information about any additional benefits to which the claimant may be entitled. denies entitlement to a benefit provide the claimant with the reason(s) for the decision, and a summary of the evidence it considered in determining entitlement does not exist. Important: As a result of , 21 Vet.App. 130, 133 (2007), if VA decides a claim but fails to notify the claimant of the decision, the claim remains open, legally, regardless of whether or not the regional office (RO) clears the
12-11-15_Key%20Changes_M21-1III_v_2_SecB.docx