d. Failure to Due process requires only that a beneficiary be afforded a reasonable Appear for an opportunity for a personal hearing. Adverse Action Hearing If the beneficiary fails to appear for a scheduled hearing without good cause, and the 60-day adverse action proposal period has expired make a decision based on the evidence of record advise the beneficiary of the decision, and advise the beneficiary that if a new hearing is still desired he/she should contact VA to schedule a hearing, and the action just completed will be reconsidered in light of any evidence presented at that hearing. For more information on rescheduling hearings, see Reference: , and M21-1, Part I, 2.C.3.e. e. If the beneficiary failed to appear for a hearing due to good cause as discussed Rescheduling in Adverse Action Hearings schedule a new hearing on a priority basis establish EP 173, and continue payments, if the request for hearing was received within the appropriate time limit. If the request to reschedule the hearing is received after action has Note: already been taken on the controlling EP, establish EP 173 and take any needed award adjustment under that EP. For more information on References: time limits for requesting a hearing, see M21-1, Part I, 2.C.3.a, good cause and failure to appear for a hearing, see M21-1, Part I, 4.1.q
d. Failure to Appear for an Adverse Action Hearing Due process requires only that a beneficiary be afforded a reasonable opportunity for a personal hearing. If the beneficiary fails to appear for a scheduled hearing without good cause, and the 60-day adverse action proposal period has expired make a decision based on the evidence of record advise the beneficiary of the decision, and advise the beneficiary that if a new hearing is still desired he/she should contact VA to schedule a hearing, and the action just completed will be reconsidered in light of any evidence presented at that hearing. Reference: For more information on rescheduling hearings, see , and M21-1, Part I, 2.C.3.e. e. Rescheduling Adverse Action Hearings If the beneficiary failed to appear for a hearing due to good cause as discussed in schedule a new hearing on a priority basis establish EP 173, and continue payments, if the request for hearing was received within the appropriate time limit. Note: If the request to reschedule the hearing is received after action has already been taken on the controlling EP, establish EP 173 and take any needed award adjustment under that EP. References: For more information on time limits for requesting a hearing, see M21-1, Part I, 2.C.3.a, good cause and failure to appear for a hearing, see M21-1, Part I, 4.1.q
3-1-16_Key%20Changes%20M21-1I_2_SecC.docx