What this means
m21-5:6.B.5 explains identifying lost nods. In plain terms, the official guidance says consider an NOD lost if there is an electronic record of a pending NOD but the claims folder contains no documents related to it. It also addresses follow the steps in the table below upon identification of a lost NOD.
How this may help with a claim
Use m21-5:6.B.5 to audit how VA handled identifying lost 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: Consider an NOD lost if there is an electronic record of a pending NOD but the claims folder contains no documents related to it. Follow the steps in the table below upon identification of a lost NOD. 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: Consider an NOD lost if there is an electronic record of a pending NOD but the claims folder contains no documents related to it.
- Confirm that the record or notice addresses this source point: Step — Action; 1 — Establish EP 400.; 2 — Review all available systems (such as VACOLS, MAP-D, Share, and VBMS) and records for the following information regarding the NOD: date received, and issue(s) identified.;
- Document how this stated step or exception applies: 3 — Prepare a Lost NOD Memorandum, including the following information, as applicable: which electronic system(s) were checked for lost NOD information, including, but not limited to MAP-D VBMS VACOLS Share Legacy Content Manager (LCM) if the claims file was reviewed for the NOD if the duly appointed representative, including a VSO, was contacted regarding information on the lost NOD, and if the lost NOD can be re-established from the record the date the NOD was re-established which system(s) were used to re-establish the NOD, and the specific issue(s) identified for the NOD.
Important limits
m21-5:6.B.5 explains VA guidance for identifying lost 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: Consider an NOD lost if there is an electronic record of a pending NOD but the claims folder contains no documents related to it. If the appellant resubmits an NOD within the specified time limits, use the date of receipt of the initial (lost) NOD as the date of claim when reestablishing EP control.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Identifying Lost NODs
- m21-5:6.B.5
- Lost NODs
- handling lost NODs.
- 6.B.5.a. Identifying Lost NODs
- Identify lost NODs through
- VACOLS
- Share
Original VA guidance
The official VA text of this section
5. Lost NODs
Introduction
This topic contains information pertaining to lost NODs, including
- identifying lost NODs, and
- handling lost NODs.
Change Date
March 12, 2025
6.B.5.a. Identifying Lost NODs
Identify lost NODs through review of diaries in
- VACOLS
- Share
- Modern Award Processing - Development (MAP-D), and
- VBMS notes.
Consider an NOD lost if there is an electronic record of a pending NOD but the claims folder contains no documents related to it.
6.B.5. b. Handling Lost NODs
Follow the steps in the table below upon identification of a lost NOD.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Establish EP 400. |
| 2 | Review all available systems (such as VACOLS, MAP-D, Share, and VBMS) and records for the following information regarding the NOD: date received, and issue(s) identified. |
| 3 | Prepare a Lost NOD Memorandum, including the following information, as applicable: which electronic system(s) were checked for lost NOD information, including, but not limited to MAP-D VBMS VACOLS Share Legacy Content Manager (LCM) if the claims file was reviewed for the NOD if the duly appointed representative, including a VSO, was contacted regarding information on the lost NOD, and if the lost NOD can be re-established from the record the date the NOD was re-established which system(s) were used to re-establish the NOD, and the specific issue(s) identified for the NOD. Note: The employee’s supervisor must sign the memorandum. References: For a sample of a completed Lost NOD Memorandum, see M21-5, Chapter 6, Section B.6.a, and a Lost NOD Memorandum, see M21-5, Chapter 6, Section B.6.b. |
| 4 | Does the review of records establish the date the NOD was received, and identify at least one issue on the NOD? If yes, go to Step 5. If no, go to Step 6. |
| 5 | Select the Lost Notice of Disagreement Letter from the Letter Creator select Yes in the LOST NOTICE OF DISAGREEMENT field, and proceed to Step 7. Note: A letter may also be generated in PCGL. The letter should include the following information: the date the lost NOD was received by VA the issue(s) identified on the NOD a request that the appellant inform VA of any additional issues or corrections by submitting a copy of the previously submitted NOD, if available, or a new VA Form 21-0958, and notification that VA will continue to process the appeal for the issue(s) listed in the letter if no corrections or additional issues are received within 60 days of the date of the Lost NOD – Some Issues Identified letter, or one year after the date of the decision notice for the decision(s) being appealed, whichever is later. References: For more information on the Letter Creator, see the Letter Creator User Guide PCGL, see the PCGL User Guide, and the time to respond to a request for clarification of an NOD, see 38 CFR 19.26(c). |
| 6 | Select the Lost Notice of Disagreement Letter from the Letter Creator select No in the LOST NOTICE OF DISAGREEMENT field, and proceed to the next step. Note: A letter may also be generated in PCGL. The letter should include the following information: the date the lost NOD was received by VA requesting the issue(s) that the appellant wishes to appeal by submitting a copy of the previously submitted NOD, if available, or a new VA Form 21-0958, and notification that VA will consider the attempt to appeal abandoned if the appellant does not re-submit the NOD within 60 days of the date of the Lost NOD – No Issues Identified letter, or one year after the date of the decision notice for the decision(s) being appealed, whichever is later. Reference: For more information on the time to respond to a request for clarification of an NOD, see 38 CFR 19.26(c). |
| 7 | Clear the EP 400 after sending the letter. |
Note: If the appellant resubmits an NOD within the specified time limits, use the date of receipt of the initial (lost) NOD as the date of claim when reestablishing EP control. Otherwise, use the date of receipt of the resubmitted NOD.