What this means
m21-1:II.iii.2.E explains incorrectly established claims. In plain terms, the official guidance says as stated in M21-1, Part II, Subpart iii, 1.A.1.a effective March 24, 2015, the VA will only recognize compensation, pension, survivors, and related claims if they are submitted on the required standard forms. It also addresses refer to the table below to determine the steps for addressing an incorrectly established claim.
How this may help with a claim
Use m21-1:II.iii.2.E to audit how VA handled incorrectly established claims. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: As stated in M21-1, Part II, Subpart iii, 1.A.1.a effective March 24, 2015, the VA will only recognize compensation, pension, survivors, and related claims if they are submitted on the required standard forms. Refer to the table below to determine the steps for addressing an incorrectly established claim. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: As stated in M21-1, Part II, Subpart iii, 1.A.1.a effective March 24, 2015, the VA will only recognize compensation, pension, survivors, and related claims if they are submitted on the required standard forms.
- Confirm that the record or notice addresses this source point: Upon identification of a claim that has been established improperly due to non-receipt of a prescribed form, take action to resolve the issue.
- Document how this stated step or exception applies: that the request for benefits was incorrectly accepted as a claim, and VA regulations require that all claims must be submitted on a prescribed form effective March 24, 2015
Important limits
m21-1:II.iii.2.E explains VA guidance for incorrectly established claims; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: As stated in M21-1, Part II, Subpart iii, 1.A.1.a effective March 24, 2015, the VA will only recognize compensation, pension, survivors, and related claims if they are submitted on the required standard forms. Follow the steps in the table below to address requests for benefits that were incorrectly added to a valid EP and a decision was made.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Incorrectly Established Claims
- m21-1:II.iii.2.E
- Incorrectly Established Claims Identification
- identify incorrectly established claim
- provide claimant authorized representative
- II.iii.2.E.1.a. Identify Incorrectly Established
- stated M21-1 Part Subpart
- term incorrectly established claim
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | Incorrectly Established Claims Identification and Notification |
| 2 | Handling Incorrectly Established Claims |
| 3 | Receipt of Claims in Response to Incorrectly Established Claims |
1. Incorrectly Established Claims Identification and Notification
Introduction
This topic contains guidance for identifying and notifying claimants of incorrectly established claims, including
- how to identify an incorrectly established claim, and
- information to provide the claimant or authorized representative
Change Date
July 16, 2025
II.iii.2.E.1.a. How to Identify an Incorrectly Established Claim
As stated in M21-1, Part II, Subpart iii, 1.A.1.a effective March 24, 2015, the Department of Veterans Affairs (VA) will only recognize compensation, pension, survivors, and related claims if they are submitted on the required standard forms.
The term “incorrectly established claim” refers to a request for benefits not submitted on a prescribed form that was received and
- established and processed under a new end product (EP), or
- added to an existing EP and processed.
In situations where a claim was incorrectly established based on receipt of a request for benefits not submitted on a prescribed form, corrective action is needed as described in this topic.
Note: These instructions do not apply to a request for application that was misidentified as a claim but has not had development initiated. For these situations, follow the guidance in M21-1, Part II, Subpart iii, 2.G.
II.iii.2.E.1.b. Information to Provide the Claimant or Authorized Representative
Upon identification of a claim that has been established improperly due to non-receipt of a prescribed form, take action to resolve the issue. The claims processor must inform the claimant and/or authorized representative
- that the request for benefits was incorrectly accepted as a claim, and VA regulations require that all claims must be submitted on a prescribed form effective March 24, 2015
- which issues or conditions cannot be considered a valid claim
- which form to submit
- that VA will not continue to process a pending request for benefits until a complete claim is received on a prescribed form
- of the timeframe the claimant has to submit a prescribed form, if an active intent to file (ITF) is pending, and
- of expedited claims submission options such as
- filing the claim using a VA claims submission service website, or
- submitting a claim through their Veterans service organization.
2. Handling Incorrectly Established Claims
Introduction
This topic contains miscellaneous information about claims for VA benefits, including
- determining what steps to take to take to address the incorrectly established claim
- instructions for addressing incorrectly established single contention EPs when a decision
- has not been made, and
- has been made
- instructions for addressing incorrectly established contentions on a valid EP when a decision
- has not been made, and
- has been made, and
- disagreements received on incorrectly added and decided claims.
Change Date
May 18, 2026
II.iii.2.E.2.a. Determining What Steps to Take to Address the Incorrectly Established Claim
Refer to the table below to determine the steps for addressing an incorrectly established claim.
Scroll sideways to see the full table.
| If the incorrectly established claim … | And … | Then refer to … |
|---|---|---|
| is the only contention on the EP | has not been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.b. |
| has been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.c. | |
| is a contention on a pending EP with other valid contentions | has not been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.d. |
| has been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.e. |
II.iii.2.E.2.b. Instructions for Addressing Incorrectly Established Single Contention EPs When a Decision Has Not Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly established as an EP and a decision has not been made.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending? If yes, ensure that the ITF status is correctly reflected in the claimant corporate record submit requests to correct an ITF status to the Enterprise service Desk (ESD), and go to Step 3. If no, go to Step 2. References: For more information on an ITF status, see M21-1, Part II, Subpart iii, 2.A.1.d, and requesting correction of incorrect ITF data, see M21-1, Part II, Subpart iii, 2.A.4.c and d. |
| 2 | Determine how VA received the request for benefits. If the request for benefits was received through centralized mail (CM), go to Step 3, or telephone or in-person contact with a VA representative, establish an ITF effective the date of the contact, and go to Step 3. |
| 3 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative? If yes, call, e-mail, or if co-located at the regional office (RO), meet the authorized representative in person. If no, call the claimant. If attempts to contact are successful, wait two business days for receipt of the complete claim on a prescribed form, then go to the next step, or unsuccessful, go to the next step. Important: All successful telephone or in-person contact must be documented on VA Form 27-0820, Report of General Information, and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
| 4 | Has a complete claim been received since the establishment of the invalid EP? If yes, change the invalid EP to EP 400, General Correspondence clear the EP 400 establish a new EP (ex. EP 020) with a date of claim (DOC) based on receipt of the complete claim, and finish development of the complete claim under the new EP. If no, go to the next step. |
| 5 | Determine which form the claimant must submit to pursue the claim and follow the instructions in the table below. |
II.iii.2.E.2.c. Instructions for Addressing Incorrectly Established Single Contention EPs When a Decision Has Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly established as an EP, when a decision has been made.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending? If yes, ensure that the ITF status is correctly reflected in the claimant corporate record submit requests to correct an ITF status to the ESD, and go to Step 3. If no, go to Step 2. References: For more information on an ITF status, see M21-1, Part II, Subpart iii, 2.A.1.d, and requesting correction of incorrect ITF data, see M21-1, Part II, Subpart iii, 2.A.4.c and d. |
| 2 | Determine how VA received the request for benefits. If the request for benefits was received through CM, go to Step 3, or telephone or in-person contact with a VA representative, establish an ITF effective the date of the contact, and go to Step 3. |
| 3 | Has the rating decision that addressed the incorrectly established claim been promulgated and authorized? If yes, go to Step 4. If no, return the case to the rating activity, and the rating activity will pull the rating back into Veterans Benefits Management System-Rating (VBMS-R) for corrections delete the issues that were invalid to ensure the conditions are removed from the master record return the rating with update follow the instructions in M21-1, Part II, Subpart ii, 2.A.2.b to request deletion of the rating decision Narrative and Codesheet, and route the case to the development activity to complete the actions in M21-1, Part II, Subpart iii, 2.E.2.b beginning with Step 3. |
| 4 | Review the claimant’s record to determine if a complete claim has been received and a valid EP is pending. Note: For corrections identified at the RO level, use the appropriate variant of EP 930 - Correction of Local Quality Error. Reference: For more information on associating a permanent note to an EP, see M21-1, Part II, Subpart ii, 2.A.1.c, and the VBMS Core User Guide. |
| 5 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative? If yes, call, e-mail, or if co-located at the RO, meet the authorized representative in person. If no, call the claimant. If attempts to contact are successful, wait two business days for receipt of the complete claim on a prescribed form, then go to the next step, or unsuccessful, go to Step 7. Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
| 6 | Review the claimant’s record to determine if a complete claim has been received in response to the actions taken in Step 5. |
| 7 | Create the Incorrectly Adjudicated Claim letter, and attach the required form(s) send the letter to the claimant, and clear the EP 930. |
II.iii.2.E.2.d. Instructions for Addressing Incorrectly Established Contentions on a Valid EP When a Decision Has Not Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly added to a valid EP and a decision has not been made.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending? If yes, ensure that the ITF status is correctly reflected in the claimant corporate record submit requests to correct an ITF status to ESD, and go to Step 3. If no, go to Step 2. References: For more information on an ITF status, see M21-1, Part II, Subpart iii, 2.A.1.d, and requesting correction of incorrect ITF data, see M21-1, Part II, Subpart iii, 2.A.4.c and d. |
| 2 | Determine how VA received the request for benefits. If the request for benefits was received through CM, go to Step 3, or telephone or in-person contact with a VA representative, establish an ITF effective the date of the contact, and go to Step 3. |
| 3 | Remove the issues or conditions from the pending EP and establish EP 400 - General Correspondence to track the actions taken in Steps 4 and 5. |
| 4 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative? If yes, call, e-mail, or if co-located at the RO, meet the authorized representative in person. If no, call the claimant. If attempts to contact are successful, wait two business days for receipt of the complete claim, then go to the next step, or unsuccessful, go to the next step. Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
| 5 | Has a complete claim for the previously identified issues or conditions been received? If yes, add the issues or conditions to the pending rating EP, and continue processing the claim. If no, send the Incorrectly Established Claim letter, and clear the EP 400. |
II.iii.2.E.2.e. Instructions for Addressing Incorrectly Established Contentions on a Valid EP When a Decision Has Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly added to a valid EP and a decision was made.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending? If yes, ensure that the ITF status is correctly reflected in the claimant corporate record submit requests to correct an ITF status to ESD, and go to Step 3. If no, go to Step 2. References: For more information on an ITF status, see M21-1, Part II, Subpart iii, 2.A.1.d, and requesting correction of incorrect ITF data, see M21-1, Part II, Subpart iii, 2.A.4.c and d. |
| 2 | Determine how VA received the request for benefits. If the request for benefits was received through CM, go to Step 3, or telephone or in-person contact with a VA representative, establish an ITF effective the date of the contact, and go to Step 3. |
| 3 | Has the rating decision that addressed the incorrectly added contention(s) been promulgated and authorized? If yes, go to Step 4. If no, return the case to the rating activity, and the rating activity will pull the rating back into VBMS-R for corrections delete the issues that were invalid to ensure the conditions are removed from the master record return the rating with update follow the instructions in M21-1, Part II, Subpart ii, 2.A.2.b to request deletion of the rating decision Narrative and Codesheet, and route the case to the development activity to complete the actions in M21-1, Part II, Subpart iii, 2.E.2.b beginning with Step 3. |
| 4 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative? If yes, call, e-mail, or if co-located at the RO, meet the authorized representative in person. If no, call the claimant. If attempts to contact are successful, wait two business days for receipt of the complete claim on a prescribed form, then go to the next step, or unsuccessful, go to Step 7. Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
| 5 | Review the claimant’s record to determine if a complete claim on a prescribed form has been received and the valid EP the issues or conditions were erroneously adjudicated under is still pending. Note: For corrections identified at the RO level, use the appropriate variant of EP 930 - Correction of Local Quality Error. Reference: For more information on associating a permanent note to an EP, see M21-1, Part II, Subpart ii, 2.A.1.c. |
| 6 | Review the claimant’s record to determine if a complete claim has been received in response to the actions taken in Step 4. |
| 7 | Create the Incorrectly Adjudicated Claim letter, and attach the required form(s) send the letter to the claimant, and clear the EP 930. |
| 8 | If a claim is received, follow the procedures in M21-1, Part II, Subpart iii, 2.E.3.a, or not received, no further action is required. Note: When a claimant fails to submit the prescribed form solicited in Step 7, do not take further action to revise any claim or issue that was decided without the proper submission of a prescribed claim form. Specifically, no further action is necessary to sever service connection or otherwise revise the prior decision unless the decision was otherwise erroneous. |
II.iii.2.E.2.f. Disagreements Received on Incorrectly Added and Decided Claims
When a claimant has been notified of a decision, even when the decision was made without the claim having been submitted on a required prescribed form, accept any timely and otherwise appropriately submitted legacy appeal or decision review request on the decision.
References: For more information on
- legacy appeals, see M21-5, Chapter 7, and
- decision review options, see 38 CFR 3.2500.
3. Receipt of Claims in Response to Incorrectly Established Claims Procedures
Change Date
June 24, 2021
II.iii.2.E.3.a. Receipt of a Prescribed Form in Response to Incorrect Claims Guidance After the EP 930 Has Been Cleared
When an RO receives a prescribed form in response to the incorrectly established claims guidance provided by M21-1, Part II, Subpart iii, 2.E.2 and the corrective EP 930 has already been cleared, the claims processor must determine if the EP established upon receipt of the form is still required.
Scroll sideways to see the full table.
| If the prescribed form lists … | Then... |
|---|---|
| only the issues or conditions previously submitted on correspondence other than a prescribed form | edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment leave a permanent note in VBMS indicating that the form was received in response to incorrect claim establishment guidance and no adjudication action is required, and cancel the tracking EP. |
| new issues or contentions | edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment with new issues leave a permanent note in VBMS indicating that the form was received in response to incorrect claim establishment guidance but contains new issues or conditions for adjudication, and process the new issues or conditions under the appropriate EP. |
Important: Claims processors may be able to identify these forms by the phrase RO Request – Signature Needed written at the top of each page, however, not every form will state this.