What this means
m21-5:6.C.3 explains general policy for maintaining a temporary file. In plain terms, the official guidance says during the 150-day special-handling period referenced in M21-5, Chapter 6, Section C.2.c, do not add or delete material contained in the permanent paper claims folder. It also addresses a veteran or claimant’s temporary file remains at the RO if the veteran or claimant files an appeal with CAVC.
How this may help with a claim
Use m21-5:6.C.3 to audit how VA handled general policy for maintaining a temporary file. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: During the 150-day special-handling period referenced in M21-5, Chapter 6, Section C.2.c, do not add or delete material contained in the permanent paper claims folder. A veteran or claimant’s temporary file remains at the RO if the veteran or claimant files an appeal with CAVC. 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: annotating a temporary file after a Board decision, and
- Confirm that the record or notice addresses this source point: During the special-handling period, ROs must maintain the temporary file created when the permanent paper claims folder was transferred to the Board for appellate review.
- Document how this stated step or exception applies: A veteran or claimant’s temporary file remains at the RO if the veteran or claimant files an appeal with CAVC.
Important limits
m21-5:6.C.3 explains VA guidance for general policy for maintaining a temporary file; 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: During the 150-day special-handling period referenced in M21-5, Chapter 6, Section C.2.c, do not add or delete material contained in the permanent paper claims folder. After the Board returns the paper claims folder with a decision, the RO must annotate the cover of the temporary file with " BVA Decision [date]."
Search terms when useful
Phrases that may help when searching your claim file or this library.
- General Policy for Maintaining a Temporary File
- m21-5:6.C.3
- Policy Maintaining Temporary
- File
- Using Temporary Files During
- policy maintaining temporary file
- definition temporary file
- disposition temporary file
Original VA guidance
The official VA text of this section
3. Using Temporary Files During the Special-Handling Period
Introduction
This topic contains information on the use of temporary files during the special-handling period, including
- general policy for maintaining a temporary file
- definition of a temporary file
- disposition of the temporary file
- using a temporary file during special handling
- annotating a temporary file after a Board decision, and
- storing a temporary file.
Change Date
March 12, 2025
6.C.3.a. General Policy for Maintaining a Temporary File
During the 150-day special-handling period referenced in M21-5, Chapter 6, Section C.2.c, do not add or delete material contained in the permanent paper claims folder.
During the special-handling period, ROs must maintain the temporary file created when the permanent paper claims folder was transferred to the Board for appellate review.
Reference: For more information on using a temporary file, see M21-5, Chapter 6, Section C.3.b.
6.C.3.b. Definition of a Temporary File
A temporary file
- is a paper folder that contains
- copies of documents from the permanent paper claims folder, and
- original documents received
- while the permanent paper claims folder was transferred out of the RO, and
- during the special-handling period referenced in M21-5, Chapter 6, Section C.2.c
- is not subject to the same stringent restrictions as the permanent claims folder, and
- should have a charge card.
Reference: For more information on material a temporary file should contain, see M21-5, Chapter 7, Section F.4.c.
6.C.3.c. Disposition of the Temporary File
A claimant’s temporary file remains at the RO if the claimant files an appeal with CAVC.
6.C.3.d. Using a Temporary File During Special Handling
Whenever possible, use the temporary file without the claims folder to process issues that arise during the special-handling period.
Reference: For more information on limiting access to the paper claims folder during the special-handling period, see M21-5, Chapter 6, Section C.4.b.
6.C.3.e. Annotating a Temporary File After a Board Decision
After the Board returns the paper claims folder with a decision, the RO must annotate the cover of the temporary file with " BVA Decision [date]."
6.C.3.f. Storing a Temporary File
At the discretion of the VSCM or PMCM, store the temporary file during the special-handling period in
- a secured area with the claims folder, or
- the main file bank.