What this means
m21-5:6.B.1 explains intake processing center's (ipc’s) role in reviewing and establishing nods. In plain terms, the official guidance says the Intake Processing Center (IPC) is responsible for reviewing all potential notices of disagreement (NODs) and controlling all valid and timely NODs by It also addresses if mail packages contain numerous types of documents, such as legacy and modern disagreements, process all VBA documents appropriately, including initiating VACOLS records for legacy NODs, listing contentions for EPs 170, etc.
How this may help with a claim
Use m21-5:6.B.1 to audit how VA handled intake processing center's (ipc’s) role in reviewing and establishing nods. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: The Intake Processing Center (IPC) is responsible for reviewing all potential notices of disagreement (NODs) and controlling all valid and timely NODs by If mail packages contain numerous types of documents, such as legacy and modern disagreements, process all VBA documents appropriately, including initiating VACOLS records for legacy NODs, listing contentions for EPs 170, etc. 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: determining if an NOD is valid
- Confirm that the record or notice addresses this source point: handling a disagreement with a decision not submitted on VA Form 21-0958, Notice of Disagreement, when required
- Document how this stated step or exception applies: determining if an NOD is timely, and
Important limits
m21-5:6.B.1 explains VA guidance for intake processing center's (ipc’s) role in reviewing and establishing nods; 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: The Intake Processing Center (IPC) is responsible for reviewing all potential notices of disagreement (NODs) and controlling all valid and timely NODs by Follow the steps in the table below to process an Incomplete NOD letter.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Intake Processing Center's (IPC’s) Role in Reviewing and Establishing NODs
- m21-5:6.B.1
- Intake Processing Center
- IPC Role Reviewing
- Reviewing Potential Notices Disagreement
- Intake Processing Center role
- determining valid
- acceptable format
Original VA guidance
The official VA text of this section
1. Reviewing Potential Notices of Disagreement (NODs)
Introduction
This topic contains information about reviewing potential NODs, including
- Intake Processing Center’s (IPC’s) role in reviewing and establishing NODs
- determining if an NOD is valid
- acceptable format for NOD s
- handling a disagreement with a decision not submitted on Department of Veterans Affairs (VA) Form 21-0958, Notice of Disagreement, when required
- response to invalid premature NODs
- identifying incomplete NOD s
- processing incomplete NOD s
- instructions for processing the incomplete NOD letter
- computing the NOD time limit
- determining if an NOD is timely, and
- determining if an NOD is duplicative.
Change Date
April 22, 2022
6.B.1.a. Intake Processing Center's (IPC’s) Role in Reviewing and Establishing NODs
The Intake Processing Center (IPC) is responsible for reviewing all potential notices of disagreement (NODs) and controlling all valid and timely NODs by
- establishing an end product (EP) 170 with a Pending Initial Development-Std Notice Not Required claim-level suspense, and
- initiating a Veterans Appeals Control and Locator System (VACOLS) record containing
- date of receipt of the NOD
- notification letter date, and
- NOD Received diary.
Important: The IPC is not required to complete the ISSUES tab in the VACOLS record. Appeals team personnel are required to review newly established NODs, complete the VACOLS record, and develop the NODs based upon established workload management procedures and NOD timeliness goals.
Exception: Regional offices (ROs) may choose to utilize other adequately trained personnel to review and establish NODs based on station needs.
The following table provides a description of the minimum actions in the NOD establishment process for which the IPC is responsible.
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| Stage | Description | Reference |
|---|---|---|
| 1 | IPC determines if the NOD is valid. | M21-5, Chapter 6, Section B.1.b - e, and 38 CFR 19.21. |
| 2 | IPC determines if the NOD is complete. | M21-5, Chapter 6, Section B.1.f - h. |
| 3 | IPC determines if the NOD is timely. | M21-5, Chapter 6, Section B.1.i and j 38 CFR 19.52(a), and 38 CFR 20.502. |
| 4 | IPC determines if the NOD is duplicative. | M21-5, Chapter 6, Section B.1.k. |
| 5 | For valid and timely NODs, IPC establishes a 170 series EP, and initiates a VACOLS record per the instructions in M21-5, Chapter 6, Section B.2.c. | M21-5, Chapter 6, Section B.2.c and d |
| 6 | IPC sends the appropriate appellate review process letter. | M21-5, Chapter 6, Section B.2.e. |
Note: Public Law 115-55, the Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act (AMA)) gave the Board of Veterans’ Appeals (Board) jurisdiction of all NODs resulting from decisions made on or after February 19, 2019. Therefore, unless specified otherwise, the procedures in this section apply only to legacy appeals, i.e., appeals of decisions made before February 19, 2019.
Reference: For more information on
- appeals team responsibilities for NOD processing, see M21-5, Chapter 7, Section B
- the AMA, see M21-5, Chapter 4, and
- handling VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), see M21-5, Chapter 4, Topic 2.g.
6.B.1.b. Determining if an NOD Is Valid
Before establishing a VACOLS record, review all potential NODs to determine if they are valid.
A valid NOD must be filed
- by
- a claimant personally
- his or her authorized representative, or
- a fiduciary of an incompetent claimant or other individual as authorized in 38 CFR 19.50(b)
- timely
- in response to notification of an appealable claim decision by the RO, and
- in the proper format as described in M21-5, Chapter 6, Section B.1.c.
References: For more information on
- when an NOD must be on a standard form, see
- 38 CFR 19.21, or
- M21-5, Chapter 6, Section B.1.c
- time limits for an NOD, see
- 38 CFR 19.52
- 38 CFR 20.502, or
- M21-5, Chapter 6, Section B.1.i and j, and
- responding to a premature NOD, see M21-5, Chapter 6, Section B.1.e.
6.B.1.c. Acceptable Format for NODs
Use the following table to determine if an NOD for a decision is filed in the proper format.
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| If the decision notice was sent... | Then the NOD... |
|---|---|
| prior to March 24, 2015 | does not need to be submitted on Department of Veterans Affairs (VA) Form 21-0958, Notice of Disagreement, but must be a written communication from a claimant or representative expressing dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction and a desire to contest the decision. |
| on or after March 24, 2015, but before February 19, 2019, and the decision notice on a claim for compensation included VA Form 21-0958 | must be timely submitted on a completed VA Form 21-0958. Note: An NOD must be submitted on VA Form 21-0958. Reference: For more information on handling NODs submitted on an outdated version of VA Form 21-0958, see M21-1, Part II, Subpart i, Chapter 2.B.4.e. |
| on or after March 24, 2015, but before February 19, 2019, and the decision notice on a claim for compensation did not include VA Form 21-0958 | does not need to be submitted on VA Form 21-0958, but must be a written communication from a claimant or representative expressing dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction and a desire to contest the decision. |
| on or after March 24, 2015, but, before February 19, 2019, and the decision notice was for a claim for pension or death benefits, or simultaneously contested claim. | does not need to be submitted on VA Form 21-0958, but must be a written communication from a claimant or representative expressing dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction and a desire to contest the decision. |
| on or after February 19, 2019 | should be submitted on VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), and forwarded to the Board using fax or the Centralized Mail (CM) portal. |
Important: There is no standard form requirement for an NOD which contests a decision VA made before February 19, 2019, regarding a claimant’s entitlement to pension, Dependency and Indemnity Compensation, or accrued benefits.
Note: If mail packages contain numerous types of documents, such as legacy and modern disagreements, process all VBA documents appropriately, including initiating VACOLS records for legacy NODs, listing contentions for EPs 170, etc. After inputting VBA documents, transfer the package as necessary to the Board or other facility.
References: For more information on
- when an NOD must be submitted on VA Form 21-0958, see 38 CFR 19.21
- handling correspondence expressing dissatisfaction or disagreement with a decision not submitted on a VA Form 21-0958 when required, see M21-5, Chapter 6, Section B.1.d, and
- CM portal, see the Centralized Mail (CM) Portal User Manual.
6.B.1.d. Handling a Disagreement With a Decision Not Submitted on Department of Veterans Affairs (VA) Form 21-0958 Notice of Disagreement, When Required
If a claimant or representative submits a written statement expressing dissatisfaction or disagreement with a compensation decision made before February 19, 2019, and a desire to contest the decision on anything other than VA Form 21-0958, send the Request for Application for NOD Letter from Letter Creator.
Important: If correspondence expressing dissatisfaction or disagreement with a decision is reviewed and processed outside the one-year appellate period, do not send the Request for Application for NOD Letter. Instead, follow the instructions in M21-5, Chapter 6, Section B.1.j.
Follow the steps below to process a Request for Application for NOD Letter.
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| Step | Action |
|---|---|
| 1 | Establish EP 400 Request for Notice of Disagreement. |
| 2 | Open the Letter Creator available on the Job Aids intranet site. |
| 3 | Select the IPC tab in the Letter Creator. |
| 4 | Select the Request for Application for NOD letter from the drop-down menu. |
| 5 | Complete the fields for the contact information and the date of notification letter before clicking on the CREATE LETTER button. |
| 6 | Print and mail the letter to the claimant and, if necessary, the authorized representative. Reference: For more information on providing notices to an authorized representative, see M21-1, Part I, Subpart i, Chapter 2.B.1.a. |
| 7 | Associate the document with the claims folder. For electronic documents, use the Package Manager application within VBMS to send the letter to both the Veteran and representative, if applicable. |
| 8 | Open the ACTIONS drop down menu in the VBMS electronic claims folder (eFolder). Select Upload Document. Example: Complete the fields as follows: SUBJECT: leave blank CATEGORY-TYPE: Appeals: Appeals: Request for Notice of Disagreement Letter SOURCE: VBMS ASSOCIATE TO: EP 400 Request for Notice of Disagreement DATE OF RECEIPT: date of receipt of the non-standard NOD. |
6.B.1.e. Response to Invalid Premature NODs
Do not accept an NOD as valid if it is filed prior to notice of a final claim decision.
Use the table below to respond to an invalid, premature NOD.
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| If the NOD is filed in response to... | Then do not establish a VACOLS record, and... |
|---|---|
| a notice of proposed adverse action | send the NOD Against a Proposal letter from the Letter Creator, or Personal Computer Generated Letters (PCGL) equivalent, to advise the claimant that a proposed adverse action is merely a preliminary action that is not appealable and that a notice of appellate rights will be furnished when a final decision is made. |
| exclusion from the Fully Developed Claim (FDC) Program, and prior to a final decision on the claim Exception: A timely NOD filed after a final decision on the excluded claim must be accepted as valid. | advise the claimant that the NOD is not valid as no final decision had been made at the time the disagreement was filed. Reference: For more information on appealing an exclusion from the FDC Program, see M21-1, Part X, Subpart i, Chapter 2.B.2.h. |
| a currently pending claim for which no decision has been issued | send the NOD Against Pending Claim letter from the Letter Creator, or PCGL equivalent, to advise the claimant that the NOD is premature as we have not yet made a decision on the claim. |
6.B.1.f. Identifying Incomplete NODs
An NOD is incomplete if it lacks any of the following information:
- information necessary to identify the claimant
- the decision to which the NOD pertains
- information necessary to identify the category of disagreement, or
- the signature of the claimant or accredited representative.
Exception: Do not consider an NOD incomplete if it fails to identify the category of disagreement or the date to which the decision pertains, when this information can be reasonably ascertained.
Example 1: Appellant submits a VA Form 21-0958 identifying a rating decision that denied service connection (SC) for a back condition but does not identify the category of disagreement. In this scenario, the category of disagreement can be reasonably ascertained as a disagreement with VA’s decision to deny SC.
Example 2: Appellant submits VA Form 21-0958, states he disagrees with the denial of his back claim, but does not input the date of the decision in Item 10. A review of the eFolder reveals only one decision on the back has been made in the last year. In this scenario, the decision to which the NOD pertains can be reasonably ascertained.
Notes:
- The final version (September 2018) of VA Form 21-0958 contains Part IV – Appeal Process Election. Failure to complete this section of the form does not render the NOD incomplete.
- If VA requests missing information from the claimant on an incomplete NOD and there are fewer than 60 days remaining in the appeal period, provide the claimant 60 days from the date of the request for information to respond.
- If an NOD requires clarification, refer the NOD to the appeals team or other designated personnel.
References: For more information on
- processing an election of an appellate review process, see M21-5, Chapter 6, Section B.2.e, and
- clarifying NOD issues, see M21-5, Chapter 7, Section B.3.b.
6.B.1.g. Processing Incomplete NODs
Follow the steps in the table below to process an incomplete NOD.
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| Step | Action |
|---|---|
| 1 | Is the claimant identifiable? If yes, go to Step 2. If no, go to the unidentifiable mail procedures M21-1, Part II, Subpart i, Chapter 2.C.5.b |
| 2 | Is the form signed by the claimant and/or authorized representative? If yes, go to Step 3. If no, do not establish a VACOLS record, and follow the steps in M21-5, Chapter 6, Section B.1.h to obtain a signature. |
| 3 | Did the claimant identify the decision to which the NOD pertains and the category of disagreement? If yes, accept the NOD as complete. If no, do not establish a VACOLS record, and follow the steps in M21-5, Chapter 6, Section B.1.h to obtain the missing information. Reference: For more information on the specificity required on VA Form 21-0958, see 38 CFR 19.21. |
References: For more information on
- the Letter Creator, see the Letter Creator User Guide, and
- PCGL, see the PCGL User Guide.
6.B.1.h. Instructions for Processing the Incomplete NOD Letter
Follow the steps in the table below to process an Incomplete NOD letter.
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| Step | Action |
|---|---|
| 1 | Establish an EP 400 with the CORRESPONDENCE claim label. Note: Use the date of receipt of the incomplete NOD as the date of claim. |
| 2 | Generate the Incomplete NOD letter in the Letter Creator, or equivalent letter from PCGL. Important: Make sure to select the relevant option(s) for the specific information needed to submit a complete NOD. |
| 3 | Send the Incomplete NOD letter, or PCGL equivalent, to the claimant and accredited representative, if applicable. |
| 4 | Clear the EP 400 |
References: For more information on
- the Letter Creator, see the Letter Creator User Guide, and
- PCGL, see the PCGL User Guide.
6.B.1.i. Computing the NOD Time Limit
The NOD time limit is calculated based on the date VA mails the notice of a decision to the claimant and the date on which VA receives an NOD. Generally, the date VA receives an NOD is determined by its date stamp, but if that date stamp renders the NOD invalid on its face, then VA must consider the postmark date, if available, as noted in the table below.
Note: A postmark refers to the date marked on an envelope by the mail carrier, while date stamp refers to the date of receipt marked on the mail by VA, to include the scanning facility.
When computing the NOD time limit
- exclude the first day of the specified period
- include the last day of the specified period, and
- if the time limit expires on a Saturday, Sunday, or legal holiday, include the next workday in the computation.
Follow the steps in the table below to calculate the NOD time limit.
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| Step | Action |
|---|---|
| 1 | Determine the date VA mailed the decision notice to the appellant by accessing the claimant’s eFolder in VBMS, and in the DOCUMENTS tab, locate the decision notice and the rating decision associated with the issues on the claimant’s NOD. Note: If the decision notice is undated, presume the notice was mailed on the date the award was authorized. Example: In SHARE, enter the claim number select CORPORATE INQUIRIES select the CLAIMS/DENIALS button on the BENEFIT CLAIM INFORMATION tab, select the relevant EP, and identify the date of authorization as shown below. |
| 2 | Determine the date the appellant filed the NOD by reviewing the relevant date stamp on the document and postmark, if available. Consider the postmark date as instructed in the table below. |
| 3 | Follow the guidance in M21-5, Chapter 6, Section B.1.j to determine if the NOD is timely. |
References: For more information on
- date stamps, see M21-1, Part II, Subpart i, 2.B.1.a
- definition of received dates in the CM portal, see M21-1, Part II, Subpart i, 2.B.1.d, and
- requests for an extension of the NOD time limit, see M21-5, Chapter 7, Section B.1.d.
6.B.1.j. Determining if an NOD Is Timely
A NOD must be received within the time periods specified in 38 CFR 20.203(b) and (c).
Important: When VA requires a VA Form 21-0958 to initiate an appeal, submitting the incorrect form does not extend, toll, or otherwise delay the time limit for filing the correct form.
Follow the steps in the table below to determine if an NOD is timely.
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| Step | Action |
|---|---|
| 1 | Use the table below for guidance on NOD timeliness. Reference: For more information on computing the one-year NOD time limit, see M21-5, Chapter 6, Section B.1.i. |
| 2 | Is the NOD timely? If yes, continue NOD establishment procedures. If no, proceed to the next step. |
| 3 | Did VA grant the appellant an extension to file the NOD as described in M21-5, Chapter 7, Section B.1.d? If yes, proceed to the next step. If no, proceed to Step 5. |
| 4 | Did the claimant submit the NOD within the extension period? If yes, continue with NOD establishment procedures. If no, proceed to Step 7. |
| 5 | Did VA request the claimant to clarify or provide missing information on the NOD? If yes, proceed to the next step. If no, proceed to Step 7. |
| 6 | Did the claimant provide the clarification or missing information within 60 days of the letter requesting it? If yes, consider the NOD timely and continue NOD establishment procedures. If no, proceed to the next step. |
| 7 | For all appeals found not timely do not establish a VACOLS record send the claimant the NOD Not Timely letter under the APPEALS tab in the Letter Creator, or PCGL equivalent, and include a copy of the VA Form 20-0998, Your Right to Seek Review of Our Decision with the letter. Note: The decision that an NOD was not timely filed is appealable to the Board. |
References: For more information on
- using the Letter Creator, see the Letter Creator User Guide, and
- NOD timeliness, see
- 38 CFR 19.52
- 38 CFR 20.502, and
- 38 U.S.C. 7105.
6.B.1.k. Determining if an NOD Is Duplicative
Before establishing an NOD, verify it does not duplicate a pending appeal or claim.
Use the table below to determine if an otherwise valid NOD is duplicative of a pending appeal or claim.
Important: If the currently pending VACOLS record is in any status other than NOD, the RO should not follow the table below. Instead, ROs must establish a new separate appeal record for any new, valid NOD.
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| If the potential NOD... | And… | Then... |
|---|---|---|
| does not contain any of the same issue(s) as the pending appeal | is part of the same decision notice as an already pending NOD | do not establish a separate VACOLS NOD record add the new appellate issue(s) as a contention to the pending appeals EP in VBMS follow the procedures in M21-5, Chapter 6, Section B.2.e to determine which appellate review process letter to send, and refer the appeal to the appeals team based on established workload management procedures. |
| is part of a different decision notice as an already pending NOD | follow the guidance in M21-5, Chapter 6, Section B.2.c to establish a subsequent NOD in VACOLS M21-5, Chapter 6, Section B.2.d to establish a subsequent NOD EP in VBMS, and M21-5, Chapter 6, Section B.2.e to determine which appellate review process letter to send. | |
| contains only the same issue(s) as the pending appeal | -- | print a copy of the VA Form 21-0958 send the claimant the Duplicate Documents letter available under the APPEALS tab in the Letter Creator, and no further action is necessary. |
| contains both new appellate issues and issues already pending appeal | the same decision notice as an already pending NOD | do not establish a separate VACOLS NOD record add the new appellate issue(s) as a contention to the pending appeals EP in VBMS follow the procedures in M21-5, Chapter 6, Section B.2.e to determine which appellate review process letter to send, and refer the appeal to the appeals team based on established workload management procedures. |
| a different decision notice as an already pending NOD | follow the guidance in M21-5, Chapter 6, Section B.2.c to establish a separate NOD record in VACOLS M21-5, Chapter 6, Section B.2.d to establish a subsequent NOD EP in VBMS, and M21-5, Chapter 6, Section B.2.e to determine which appellate review process letter to send. | |
| contains the same issue(s) which are currently pending under a claim EP | the NOD issues are valid and timely | follow the guidance in M21-5, Chapter 6, Section B.2.c to establish the NOD in VACOLS M21-5, Chapter 6, Section B.2.d to establish the NOD in VBMS, and M21-5, Chapter 6, Section B.2.e to determine which appellate review process letter to send, and remove the duplicate contention(s) from the pending claim EP. Important: If there are no issues remaining under the pending claim EP, cancel the EP. |
| the NOD issues are not valid or not timely | follow the guidance relevant to the reason the NOD is not valid in M21-5, Chapter 6, Section B.1.b - j. |
Exception: Pension management centers (PMCs) send locally generated letters for appeals.
References: For more information on
- screening subsequent claims for pending appeals, see M21-1, Part II, Subpart i, Chapter 2.A.3.a
- accepting an NOD, see M21-5, Chapter 6, Section B.2.b, and
- using the Letter Creator, see the Letter Creator User Guide.