If a hearing request is received with an NOD e. Receiving an NOD With Request for a schedule and hold the hearing, and then Hearing send the statement of the case (SOC), if the appeal remains denied. This policy applies to both the DRO and the traditional appellate Note: review process. For more information on References: the filing of NODs and appeals, see the DRO review process, see M21-1, Part I, 5.C RO hearings, see M21-1, Part I, 4 sending an SOC, see M21-1, Part I, 5.D, and establishing requests for a hearing, see M21-1, Part III, Subpart ii, 3.D.4.a. f. Handling If the claimant disagrees with a determination that an NOD was not adequate Disagreements or timely filed, send him/her an SOC because that determination may be Regarding appealed. Inadequate or Not Timely For more information on References: Filed NODs disputes of NODs, see , and sending an SOC, see M21-1, Part I, 5.D, and determining if an NOD is timely, see M21-1, Part III, Subpart ii, 3.E.1.a. If the appellant raises issues on the NOD that have not yet been adjudicated, g. New Issues Raised on an do delay sending an SOC covering those issues that were previously not NOD decided there is outstanding evidence related to an SOC issue unless identified by the appellant or the Veterans Service Representative (VSR), Rating Veterans Service Representative (RVSR), or DRO. Important: Develop and decide the new issue(s) raised on the NOD received prior to March 24, 2015. Do not accept non-appeal issues raised on an NOD received on or after March 24, 2015, as a new claim. The correspondence is a request for application pertaining to the non-appeal issues if the new issue is except within the scope of the issue on appeal. Issues within the scope of the appeals issue do not require a separate claim. For more information on References: examples of action to take for issues raised on an NOD, see M21-1, Part I, 5.B.3.h-j
e. Receiving an NOD With Request for a Hearing If a hearing request is received with an NOD schedule and hold the hearing, and then send the statement of the case (SOC), if the appeal remains denied. Note: This policy applies to both the DRO and the traditional appellate review process. References: For more information on the filing of NODs and appeals, see the DRO review process, see M21-1, Part I, 5.C RO hearings, see M21-1, Part I, 4 sending an SOC, see M21-1, Part I, 5.D, and establishing requests for a hearing, see M21-1, Part III, Subpart ii, 3.D.4.a. f. Handling Disagreements Regarding Inadequate or Not Timely Filed NODs If the claimant disagrees with a determination that an NOD was not adequate or timely filed, send him/her an SOC because that determination may be appealed. References: For more information on disputes of NODs, see , and sending an SOC, see M21-1, Part I, 5.D, and determining if an NOD is timely, see M21-1, Part III, Subpart ii, 3.E.1.a. g. New Issues Raised on an NOD If the appellant raises issues on the NOD that have not yet been adjudicated, do not delay sending an SOC covering those issues that were previously decided unless there is outstanding evidence related to an SOC issue identified by the appellant or the Veterans Service Representative (VSR), Rating Veterans Service Representative (RVSR), or DRO. Important: Develop and decide the new issue(s) raised on the NOD received prior to March 24, 2015. Do not accept non-appeal issues raised on an NOD received on or after March 24, 2015, as a new claim. The correspondence is a request for application pertaining to the non-appeal issues except if the new issue is within the scope of the issue on appeal. Issues within the scope of the appeals issue do not require a separate claim. References: For more information on examples of action to take for issues raised on an NOD, see M21-1, Part I, 5.B.3.h-j
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