What this means
m21-1:V.i.1.B explains referrals to the rating activity. In plain terms, the official guidance says refer the claim to the rating activity after all development actions, to include VA examinations as necessary, are complete. It also addresses although evidence to decide all contentions associated with the Veteran’s claim may not be of record, the rating activity should decide any contention for which sufficient evidence exists to award the benefit sought.
How this may help with a claim
Use m21-1:V.i.1.B when organizing evidence or checking VA's handling of referrals to the rating activity. Compare your application, supporting records, and notice with this source-specific point: refer the claim to the rating activity after all development actions, to include VA examinations as necessary, are complete. Although evidence to decide all contentions associated with the Veteran’s claim may not be of record, the rating activity should decide any contention for which sufficient evidence exists to award the benefit sought. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: 1. Referring Claims to the Rating Activity After Development Is Complete
- Confirm that the record or notice addresses this source point: V.i.1.B.1.a. Referring Claims to the Rating Activity After Development Is Complete
- Document how this stated step or exception applies: If the issue requires a rating decision and a veteran or claimant is
Important limits
m21-1:V.i.1.B explains VA guidance for referrals to the rating activity; 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: refer the claim to the rating activity after all development actions, to include VA examinations as necessary, are complete. Exception: If a veteran or claimant is seeking service connection for the cause of death or for a disability, VA may not deny a claim until it has obtained the Veteran’s service treatment records (STRs) or determined the STRs are unavailable.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Referrals to the Rating Activity
- m21-1:V.i.1.B
- Referrals Rating Activity
- Referring Claims Rating Activity
- V.i.1.B.1.a. Referring Claims Rating
- issue requires rating decision
- otherwise eligible benefits Department
- received competent medical evidence
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic “ Referring Claims to the Rating Activity After Development Is Complete.”
1. Referring Claims to the Rating Activity After Development Is Complete
Change Date
April 24, 2015
V.i.1.B.1.a. Referring Claims to the Rating Activity After Development Is Complete
If the issue requires a rating decision and a claimant is
- otherwise eligible for benefits from the Department of Veterans Affairs (VA), and
- VA has received new, competent medical or lay evidence in support of the claim,
refer the claim to the rating activity after all development actions, to include VA examinations as necessary, are complete.
Note: Although evidence to decide all contentions associated with the Veteran’s claim may not be of record, the rating activity should decide any contention for which sufficient evidence exists to award the benefit sought.
Exception: If a claimant is seeking service connection for the cause of death or for a disability, VA may not deny a claim until it has obtained the Veteran’s service treatment records (STRs) or determined the STRs are unavailable. If VA determines the STRs are unavailable, refer the claim to the rating activity after all other development actions are complete, even if VA received no medical or lay evidence in support of the claim.
References: For more information on
- developing for STRs, see M21-1, Part III, Subpart ii, 2.A - H
- using the Personnel Information Exchange System (PIES) to develop for STRs, see the PIES User Guide
- final notification to claimants regarding the unavailability of STRs, see M21-1, Part III, Subpart ii, 1.A.1.g
- the rating activity, see M21-1, Part V, Subpart i, 1.A
- specific issues requiring a rating decision, see M21-1, Part V, Subpart i, 1.A.1.b
- partial rating decisions, see M21-1, Part V, Subpart ii, 3.B, and
- identifying the issues, to include inferred issues, see M21-1, Part V, Subpart ii, 3.A.