If, after following the procedures in the above table, it is still not clear Note: whether the issue(s) can be considered an NOD, follow the procedures for an administrative appeal in M21-1, Part I, 5.J.2. For more information on References: notifying the accredited representative of communication with claimants, see M21-1, Part I, 3.B.1 clarification of issues under appeal when the standardized NOD, VA Form is required, see 21-0958, clarification of issues under appeal when is not required, VA Form 21-0958 see , and the administrative appeal process when is required to VA Form 21-0958 not initiate an appeal, see , and . 5. Reviewing an NOD for Further Development This topic contains information on reviewing an NOD for further Introduction development, including who reviews the NOD duty to assist the appellant in obtaining necessary evidence VA’s reviewing an NOD, and developing an NOD. Change Date July 24, 2015 a. Who When a timely NOD is received, the VSR, RVSR, or DRO, as appropriate, Reviews the reviews the appeal to determine if NOD the prior decision was correct, and any development or other action is needed. b. Duty As with every substantially complete claim, VA has a duty to assist the VA’s to Assist the appellant in obtaining the necessary evidence to substantiate his/her claim. Appellant in Obtaining For more information on Duty to Assist when requesting Reference: VA’s Necessary records, see M21-1, Part I, 1.C. Evidence
Note: If, after following the procedures in the above table, it is still not clear whether the issue(s) can be considered an NOD, follow the procedures for an administrative appeal in M21-1, Part I, 5.J.2. References: For more information on notifying the accredited representative of communication with claimants, see M21-1, Part I, 3.B.1 clarification of issues under appeal when the standardized NOD, VA Form 21-0958, is required, see clarification of issues under appeal when VA Form 21-0958 is not required, see , and the administrative appeal process when VA Form 21-0958 is not required to initiate an appeal, see , and . 5. Reviewing an NOD for Further Development Introduction This topic contains information on reviewing an NOD for further development, including who reviews the NOD VA’s duty to assist the appellant in obtaining necessary evidence reviewing an NOD, and developing an NOD. Change Date July 24, 2015 a. Who Reviews the NOD When a timely NOD is received, the VSR, RVSR, or DRO, as appropriate, reviews the appeal to determine if the prior decision was correct, and any development or other action is needed. b. VA’s Duty to Assist the Appellant in Obtaining Necessary Evidence As with every substantially complete claim, VA has a duty to assist the appellant in obtaining the necessary evidence to substantiate his/her claim. Reference: For more information on VA’s Duty to Assist when requesting records, see M21-1, Part I, 1.C.
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