Who May Withdraw a Decision Review Requests

4. Withdrawing or Changing Reviews

Introduction

This topic contains information on withdrawing and changing a request for decision review, to include:

• who may withdraw decision review requests
• requirements for withdrawing decision reviews
• withdrawal applies only to pending decisions
• procedures for withdrawing decision reviews
• changing review lanes
• time limit for resubmitting decision review requests, and
• reinstatement of erroneously withdrawn decision reviews.

Change Date

June 10, 2026

4.4.a. Who May Withdraw a Decision Review Requests

For the purposes of this section, “decision reviews” refers to HLR and supplemental claims. Policy and procedures of the Board govern the withdrawal of AMA appeals (i.e., NODs).

A decision review may be withdrawn, in writing or by electronical submission by

• the claimant, or
• his or her duly appointed representative, including an attorney.

Important: The authority of regional offices or DROCs to withdraw decision reviews is limited to those for which VA has not issued notification of a decision.

References: For more information on

• withdrawing a decision review, see 38 CFR 3.2500(d), and
• changing decision review lanes after withdrawal, see 38 CFR 3.2500(e).

4.4.b. Requirements for Withdrawing Decision Reviews

While a request to withdraw a decision review must be submitted either in writing or by electronic submission in a manner prescribed by the Secretary, VA does not require a certain format or form. If the decision review involves multiple issues, the request must either specify that it is withdrawing the decision review in its entirety or list the issue(s) withdrawn.

Follow the instructions in the table below when a claimant requests withdrawal of a decision review by telephone.

Step

Action

1

If the claimant or his or her authorized representative requests to withdraw a decision review by telephone, inform them VA cannot accept withdrawals through these channels. Advise them that they must submit a formal request either in writing or by electronic submission through an approved, secure VA portal such as VA.gov.

2

Send the claimant and his or her authorized representative a letter informing them of the following:

• VA received your request to withdraw a decision review of [identify contention(s)] by email or telephone on [enter the month, day, and year VA received the request for withdrawal].
• To complete this withdrawal, you must submit a formal request either in writing or via electronic submission through an approved VA portal, such as VA.gov, within 15 days from the date of this letter.
• If an acceptable request to withdraw a decision review for [identify contention(s)] is not received within 15 days from the date of this letter, VA will proceed with completing the decision review.

3

If no response is received within 15 days of the date of the letter, proceed with completing the decision review.

4

Complete all development actions that are necessary to decide the contentions.

5

Decide the contentions.

Important: If a rating decision is required, inform the claimant VA received an email or telephone request from you to withdraw your decision review concerning [identify contention(s)]. Under 38 CFR 3.2500(d), requests to withdraw a review request must be submitted either in writing or securely through an approved electronic portal. Because your request could not be accepted, we sent you a letter requesting a formal withdrawal. A response was not received. Therefore, VA has proceeded with a decision on your pending review request.

6

Notify the claimant of the decision.

Notes:

• Failure of the claimant to report for an examination or furnish evidence requested by VA does not constitute withdrawal of a decision review.
• A withdrawal of a decision review documented in either an e-mail from the claimant or representative, or on VA Form 27-0820, by a VA employee does not meet the requirement that the withdrawal be in writing.
• An e-mail from the claimant or representative does not constitute an electronic submission for purposes of meeting filing requirements when submission through the designated electronic filing system is required.
• Examples of electronic submissions prescribed by VA generally include submission through a VA portal, such as VA.gov, electronic submission through VA-approved claims intake channels, or electronic filing by an accredited representative using VA-authorized systems.
• If it is not clear which issue(s) the claimant is withdrawing, contact the claimant and document the clarification on VA Form 27-0820. While the withdrawal of a decision review must be in writing, supporting clarification about the issues withdrawn may be telephonic.

Example: The Veteran has two issues under review - evaluation of arthritis in the right knee and service connection for the left knee. The Veteran submits a written statement that says "Please withdraw the HLR for my knee condition." Clarification is required to determine which knee condition the Veteran wishes to withdraw.

Reference: For more information on valid electronic signatures, see M21-1, Part II, Subpart i, 2.B.2.g.

4.4.c. Withdrawal Applies Only to Pending Decisions

A request to withdraw a decision review is valid only if VA receives it before issuing notification of a decision.

If VA receives a request to withdraw a decision review after issuing a decision notice, inform the claimant of either accepting or renouncing the benefits resulting from VA’s decision. Modify the Decision Review Withdrawal Letter accordingly.

References: For information about

• the renouncement of benefits, see M21-1, Part X Subpart iv, 4.1.a, and
• the Decision Review Withdrawal Letter is available in Letter Creator.

4.4.d. Procedures for Withdrawing Decision Reviews

Follow the instructions in the table below when a claimant requests withdrawal of a decision review.

Important: A claimant requesting withdrawal of a decision review that involves multiple contentions should specify which (if not all) of the individual contentions the request affects. If the claimant fails to do so, proceed as if the request applies to all contentions associated with the decision review.

Example: the Veteran has several issues under review and submits a statement that says "Please withdraw my decision review." The issues are not identified, so VBA should presume that the request applies to all contentions under the HLR.

Scroll sideways to see the full table.

4.4.e. Changing Review Lanes

Claimants or representatives may change the type of decision reviews, whether HLRs or supplemental claims, if VA has not yet decided them. To do so, claimants or representatives must submit both

• A request to withdraw the current review, and
• The completed application for the other type of review.

The following table explains how VA will handle circumstances when it does not receive both elements needed to change review lanes:

Scroll sideways to see the full table.

Note: Legacy appellants who receive SOCs or Supplemental SOCs may choose to change from the legacy appeals system to the AMA reviews of HLRs or supplemental claims.

References:

• For more information on the prohibition of concurrent reviews, see 38 CFR 3.2500(b).
• For more information on opting into AMA reviews from legacy SOCs/SSOCs, See M21-5, Chapter 4, Topic 3.

4.4.f. Time Limits for Resubmitting Decision Review Requests

The claimant or authorized representative may request a decision review after, or in conjunction with, a previous withdrawal.

If VA receives the new decision review request within a year of the date of notification of the decision for which the review is requested,

• the effective date is preserved, and
• all three decision review lanes remain available, providing the claimant submits the appropriate applications and evidence (if required) prior to the expiration of that year.

If the new decision review request is received after a year has passed from the date of notification of the decision in question,

• continuous pursuit is broken and effective dates are not preserved, and
• the claimant is limited to requesting a supplemental claim (which requires submission of, or at least reference to, new and relevant evidence).

Exception: VA may grant an extension of the one-year period for good cause under 38 CFR 3.109(b), but must receive the supplemental claim application within the extended period.

Follow procedures for establishment of decision reviews under EP 030 or EP 040 as appropriate.

Rationale: VA must receive a request for an HLR within one year of the date of notification of the decision in question. Therefore, after one year, VA will only accept supplemental claims or assertions of clear and unmistakable error.

Reference: For more information on good cause exceptions, see 38 CFR 3.109(b).

4.4.g. Reinstatement of Erroneously Withdrawn Decision Reviews

Generally, withdrawing a decision review is final and may not be retracted. However, if VA discovers, either on its own or because of evidence submitted by the claimant, that it erroneously withdrew a review, VA may reinstate it.

In such instances, VA will re-establish the decision review using the appropriate EP and the date of claim will be the date of receipt of the erroneously withdrawn review.