What this means
m21-5:6.B.2 explains jurisdiction for control of an appellate record. In plain terms, the official guidance says the following divisions will establish the appeal record for their respective NODs: It also addresses follow the steps in the table below after determining an NOD is valid as described in M21-5, Chapter 6, Section B.1.
How this may help with a claim
Use m21-5:6.B.2 to audit how VA handled jurisdiction for control of an appellate record. 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 following divisions will establish the appeal record for their respective NODs: Follow the steps in the table below after determining an NOD is valid as described in M21-5, Chapter 6, Section B.1. 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: jurisdiction for control of an appellate record
- Confirm that the record or notice addresses this source point: 6.B.2.a. Jurisdiction for Control of an Appellate Record
- Document how this stated step or exception applies: The following divisions will establish the appeal record for their respective NODs:
Important limits
m21-5:6.B.2 explains VA guidance for jurisdiction for control of an appellate record; 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 following divisions will establish the appeal record for their respective NODs: Use the table below to handle an election of an appellate review process.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Jurisdiction for Control of an Appellate Record
- m21-5:6.B.2
- Jurisdiction Control Appellate
- Record
- Establishing Tracking NODs
- jurisdiction control appellate record
- accepting
- initiating VACOLS
Original VA guidance
The official VA text of this section
2. Establishing and Tracking NODs
Introduction
This topic contains information about establishing and tracking NODs, including
- jurisdiction for control of an appellate record
- accepting an NOD
- initiating an NOD in VACOLS
- establishing an NOD in VBMS
- handling an election of an appellate review process
- appeal EP claim labels, and
- establishing VACOLS control for an NOD regarding an untimely appeal.
Change Date
May 9, 2024
6.B.2.a. Jurisdiction for Control of an Appellate Record
The following divisions will establish the appeal record for their respective NODs:
- Decision Review Operations Centers (DROCs)
- PMC
- Fiduciary Hub
- Education
- Philadelphia Insurance Center
- Veteran Readiness and Employment (VR&E) Service, and
- Veterans Health Administration (VHA).
Program offices other than those listed above will refer an NOD to the VSC to establish and maintain the appeal record in VACOLS. The VSC is entitled to EP credit for those appeals tracked for other program offices.
Note: Effective April 1, 2002, VHA’s Administration Service assumed responsibility for establishing appeal records in VACOLS and managing the VHA appellate workload.
6.B.2.b. Accepting an NOD
Follow the steps in the table below after determining an NOD is valid as described in M21-5, Chapter 6, Section B.1.
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| Step | Action |
|---|---|
| 1 | Annotate the NOD based on the table below. |
| 2 | Establish a VACOLS and VBMS appeal record as described in M21-5, Chapter 6, Section B.2.c and d. Ex c eption: Establish non-Veteran appeals in VACOLS and Share. Reference: For more information on establishing claims in Share, see M21-1, Part II, Subpart iii, Chapter 3.A.1.e. |
| 3 | Address the election of an appellate review process as described in M21-5, Chapter 6, Section B.2.e. |
6.B.2.c. Initiating an NOD in VACOLS
Follow the steps in the table below to input a claimant’s NOD in VACOLS.
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| Step | Action |
|---|---|
| 1 | From the VACOLS main screen, select ADD NEW APPEAL. Enter the claims folder number or Social Security number (SSN). Reenter the claimant’s information to confirm. |
| 2 | On the ADD APPEAL screen, input the following information in the designated fields, including: NAME OF VETERAN ADDRESS PHONE NUMBER NAME OF APPELLANT (when applicable), VETERANS SERVICE ORGANIZATION (VSO), SSN (if not previously indicated as the claims folder number), and DATES fields, including NOTIFICATION (enter the date from the decision notice shown in VBMS) NOD (enter the date VA received the NOD), and DRO Elect (when applicable). Example: Note: For electronic submissions, use the earliest date stamp on VA Form 21-0958, or the correspondence accepted as the NOD, as the date the NOD is received. |
| 3 | Initiate completion of the ISSUES tab. On the ADD ISSUE screen enter the first issue listed on the NOD. Example: |
| 4 | Create a VACOLS diary. On the VACOLS main screen, enter the claimant’s identification (ID) number, select the newly created NOD record, and then select the DIARY tab to ADD the information listed below on the DIARY DETAIL screen. ASSIGNED TO (VSR) DIARY CODE (NOD received) DAYS (in compliance with local guidance). Example: |
| 5 | Select UPDATE to save the information. |
Notes:
- VACOLS allows the tracking of fiduciary appeals. The following are the usernames for the Fiduciary Hubs:
- Columbia RO64
- Indianapolis RO65
- Lincoln RO66
- Louisville RO67
- Milwaukee RO68 and,
- Salt Lake City RO69.
- VACOLS allows the tracking of pension related appeals. The following are the usernames for the PMCs:
- Philadelphia RO81
- Milwaukee RO82, and
- St. Paul RO83.
References: For more information on
- VACOLS, see the VACOLS User Guide
- Fiduciary Hub jurisdictions, see M21-1, Part X, Subpart ii, 6.C.1.d, and
- jurisdiction over fiduciary appeals, see M21-5, Chapter 7, Section D.1.b.
6.B.2.d. Establishing an NOD in VBMS
Follow the steps in the table below to establish a claimant’s NOD in VBMS.
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| Step | Action |
|---|---|
| 1 | Open the claimant’s profile and select NEW CLAIM from the ACTIONS drop down menu. |
| 2 | Review and update the following fields: ADDRESS TELEPHONE NUMBER, and POWER OF ATTORNEY (POA). |
| 3 | Select the appropriate 170 series EP, and claim label based on the following table. Notes: The EP 170 will be shown as the default EP in the MODIFIER field. When establishing the subsequent EP 170 based on guidance in M21-5, Chapter 6, Section B.1.b, select the next available, appropriate 170 series EP in the MODIFIER field. References: For more information on available EP 170 claim labels, see M21-5, Chapter 6, Section B.2.f, and M21-4, Appendix C, and handling an election of an appellate review process, see M21-5, Chapter 6, Section B.2.e. |
| 4 | Enter the date of receipt of the NOD in the DATE OF CLAIM field. |
| 5 | Assign the EP 170 to Appeals (National) in the SEGMENTED LANE field. Example: |
| 6 | Select SUBMIT to save the information. |
| 7 | From the CONTENTIONS tab, add each contention specified by the claimant. Note: If the VA Form 21-0958 is received after March 24, 2015, treat any contentions without a previous decision as a request for application in accordance with M21-1, Part II, Subpart iii, 1.C.2.b. |
| 8 | From the PROFILE screen, select MANAGE EVIDENCE from the ACTIONS drop down menu. Select ADD UNSOLICITED and populate the following fields: RECEIPT DATE DOCUMENT TYPE, and EVIDENCE NAME. Example: Select COMPLETE on the right panel of the screen to update and save the information. |
| 9 | If the appellant or authorized representative requests a formal hearing or informal conference, establish control of the request as detailed in M21-5, Chapter 4,Topic 2.e. References: For more information on hearings, see M21-1, Part X, Subpart v, 1.D, and informal conferences, see M21-5, Chapter 7, Section A.1.j, and M21-5, Chapter 7, Section C.5. |
Reference: For more information on establishing claims in
- VBMS, see M21-1, Part II, Subpart iii, 3.A.1.a and
- Share, see M21-1, Part II, Subpart iii, 3.A.1.e.
6.B.2.e. Handling an Election of an Appellate Review Process
Use the table below to handle an election of an appellate review process.
Notes:
- Only one of the following appellate review process letters is required.
- VA Form 21-0958 includes an option for the appellant to choose either the Decision Review Officer (DRO) review process or the traditional appellate review process.
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| If the appellant... | Then... |
|---|---|
| requests the DRO review process | send the appellant the DRO Process Explanation Letter from Letter Creator, or equivalent letter from PCGL. |
| requests the traditional appellate review process | send the appellant the Traditional Process Explanation Letter from Letter Creator, or equivalent letter from PCGL. |
| selects both option checkboxes on VA Form 21-0958 | accept it as an election of the DRO process, and send the appellant the DRO Process Explanation Letter from Letter Creator, or equivalent letter from PCGL. |
| left both checkboxes in Block 10 blank on VA Form 21-0958, or files an NOD in another valid format, but does not specify which appellate review process he/she prefers | contact the appellant by phone to explain that either the DRO process or traditional appellate process should be selected. Document the appellant's decision on VA Form 27-0820, Report of General Information, and upload to the claims file. if telephone contact with the appellant is unsuccessful, send the appellant the Appeals Process Explanation Letter from Letter Creator, or equivalent letter from PCGL, and give the appellant 60 days from the date the letter is sent to elect an appellate review process. This time limit cannot be extended. Notes: Failure to reply to the letter is considered an election of the traditional appellate processing method and an indication that a DRO review process is not desired. An appellant does not have to submit an election of an appellate review process in writing. Such election may be received verbally. |
References: For more information on
- the Letter Creator, see the Letter Creator User Guide, and
- PCGL, see the PCGL User Guide.
6.B.2.f. Appeal EP Claim Labels
All NODs require a 170 series EP and appropriate claim label.
When establishing a 170 series EP for an NOD, select the appropriate claim label from the table below.
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| Claim Label | Code |
|---|---|
| Notice of Disagreement | 170NOD |
| TRAD Notice of Disagreement | 170TRADNOD |
| DRO Notice of Disagreement | 170DRONOD |
| PMC - Notice of Disagreement | 170NODPMC |
| PMC-TRAD Notice of Disagreement | 170TRADNODPMC |
| PMC-DRO Notice of Disagreement | 170DRONODPMC |
Reference: For more information on establishing claims in
- VBMS, see M21-1, Part II, Subpart iii, 3.A.1.a, and
- Share, see M21-1, Part II, Subpart iii, 3.A.1.e.
6.B.2.g. Establishing VACOLS Control for an NOD Regarding an Untimely Appeal
The following example represents the standard way to control in VACOLS an NOD disagreeing with VA’s determination that an appeal was not filed timely.
Example: The RO completed a rating decision denying SC for arthritis of a joint. The Veteran filed an NOD disagreeing with the denial of SC. The RO notified the Veteran that his NOD was not timely filed. He then filed a NOD disagreeing with VA’s determination that his NOD was untimely. The IPC established a VACOLS record as follows: