General Policy on the Handling of Claims Folders After a Board Decision

2. Handling Claims Folders After Board Decisions

Introduction

This topic contains information on the special handling of claims folders after a Board decision, including

• general policy on the handling of claims folders after a Board decision
• effect of the Veterans Judicial Review Act
• special-handling period after Board decision s
• converting paper claims folders with Board decisions to efolders
• Board responsibility to identify cases requiring special handling
• removal of Board evidence tabs
• Veterans Service Center Manager (VSCM) and Pension Management Center Manager (PMCM) responsibilities, and
• using charge cards during special handling

Change Date

August 23, 2021

6.C.2.a. General Policy on the Handling of Claims Folders After a Board Decision

Special procedures exist for the handling of paper claims folders containing a decision by the Board of Veterans’ Appeals (Board) that meets the criteria for review by the Court of Appeals for Veterans Claims (CAVC).

Note: Whenever possible, send paper claims folders to the scanning vendor for conversion into an electronic claims folder (eFolder).

References: For more information on

• the special-handling period, see M21-5, Chapter 6, Section C.2.c, and
• sending paper claims folders to the scanning vendor, see M21-5, Chapter 6, Section C.2.d.

6.C.2.b. Effect of the Veterans Judicial Review Act

The Veterans Judicial Review Act, Public Law 100-687, enacted into law on November 18, 1988,

• created CAVC (originally the Court of Veterans Appeals (COVA)), and
• granted CAVC exclusive jurisdiction to review Board decisions.

Board decisions resulting from a notice of disagreement filed on or after November 18, 1988, are subject to review by CAVC.

6.C.2.c. Special-Handling Period After Board Decisions

In accordance with 38 U.S.C. 7266, appeals of Board decisions must be filed directly with CAVC within 120 days of an adverse decision.

Prior to the expiration of this appeal period, the Department of Veterans Affairs (VA) requires special handling of the paper claims folder to

• preserve the record that served as the basis for the Board decision, and
• ensure that the paper claims folder is available for immediate transfer to the CAVC Litigation Group of the Office of the General Counsel (OGC) if the claimant files an appeal to CAVC.

To avoid sanctions against VA and its employees, the regional office (RO) must follow prescribed procedures when processing paper claim folders during this period.

Exception: The special handling only applies to paper claims folders that are excluded from scanning.

Important: Although the statute allows only 120 days to file an appeal, VA maintains special handling of the paper claims folder for a period of 150 days to allow additional time for mail processing.

References: For more information on

• the Board’s responsibility for identifying cases requiring special handling, see M21-5, Chapter 6, Section C.2.e, and
• transferring the paper claims folder during the special-handling period, see M21-5, Chapter 6, Section C.5.

6.C.2.d. Converting Paper Claims Folders with Board Decisions to eFolders

When applicable, ROs and decision review operations centers (DROCs) should route the paper claims folders received after Board decisions to the scanning vendor for conversion into electronic claims folders (eFolders).

Exception: Do not ship claims folders to the scanning vendors if claims are pending that cannot be processed in the Veterans Benefits Management System (VBMS).

Once the scanning vendor converts a paper claims folder into an eFolder,

• the claims folder requires no further special handling if it contains a Board decision that meets the criteria for review by CAVC
• the scanning vendor will use BVA decision as the document type when scanning in the pink file insert the Board uses to identify claims folders that require special handling, and
• the CAVC Litigation Group of the Office of General Counsel will have access to the eFolder if the appellant files an appeal with CAVC.

Notes:

• The scanning vendor will not prioritize claims folders without pending end products.
• Once the CAVC Litigation Group has requested a paper claims folder, do not send it to the scanning vendor, as this action may hinder timely access of the claims folder by the CAVC Litigation Group.
• The DROC is responsible for sending the claims folder to the scanning vendor after an RO notifies the DROC it needs the folder to decide a priority claim.

References: For more information on

• claims that require priority processing, see M21-1, Part X, Subpart i, 1.1.a, and
• claims that cannot be processed in VBMS, see M21-5, Chapter 4, Topic 2.j.

6.C.2.e. Board Responsibility to Identify Cases Requiring Special Handling

The Board determines which of its decisions meet the criteria for review by CAVC.

The table below describes the process of identifying claims folders that meet the criteria for review by CAVC.

Scroll sideways to see the full table.

6.C.2.f. Removal of Board Evidence Tabs

Do not remove any Board evidence tabs before the end of the 150-day control period.

Note: In the event of an appeal, the CAVC Litigation Group relies on the Board evidence tabs to identify the records to copy for the Record on Appeal (ROA).

6.C.2.g. Veterans Service Center Manager (VSCM) and Pension Management Center Manager (PMCM) Responsibilities

Veterans Service Center Managers (VSCMs) and Pension Management Center Managers (PMCMs) are responsible for designing and implementing local procedures to keep claims folders that are subject to CAVC review in a secure area that is separate from the main file bank.

During the special-handling period referenced in M21-5, Chapter 6, Section C.2.c, VSCMs and PMCMs must

• maintain control of the claims folder
• protect the integrity of the records contained in the claims folder
• ensure the claims folder is available for transfer to the CAVC Litigation Group upon request if an appeal is filed with CAVC
• ensure that if the claims folder is removed from the secured area, it is returned by the end of the same business day

After the special-handling period ends, VSCMs and PMCMs are responsible for

• certifying that, while controlling the claims folder, no material was added to or deleted from the record that was the basis for the Board decision, and
• returning the claims folder to the main file bank.

Reference: For more information on transferring folders during the special-handling period, see M21-5, Chapter 6, Section C.5.

6.C.2.h. Using Charge Cards During Special Handling

While a claims folder that is subject to CAVC review is secured in a location outside the main file bank, place a charge card in the location in the main file bank where the claims folder is normally stored.