What this means
m21-5:6.C.5 explains special-handling period following board decisions. In plain terms, the official guidance says the 150-day period following a Board of Veterans' Appeals (Board) decision involves special handling of paper claims folders, which are subject to review by the United States Court of Appeals for Veterans Claims (CAVC). It also addresses during the special-handling period, do not temporarily transfer paper claims folders to any entity other than the following:
How this may help with a claim
Use m21-5:6.C.5 to audit how VA handled special-handling period following board decisions. 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 150-day period following a Board of Veterans' Appeals (Board) decision involves special handling of paper claims folders, which are subject to review by the United States Court of Appeals for Veterans Claims (CAVC). During the special-handling period, do not temporarily transfer paper claims folders to any entity other than the following: 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: The 150-day period following a Board of Veterans' Appeals (Board) decision involves special handling of paper claims folders, which are subject to review by the United States Court of Appeals for Veterans Claims (CAVC).
- Confirm that the record or notice addresses this source point: If a paper claims folder requires a permanent transfer to another RO during the 150-day special-handling period following a Board decision, make sure the temporary file accompanies the paper claims folder.
- Document how this stated step or exception applies: The receiving RO must
Important limits
m21-5:6.C.5 explains VA guidance for special-handling period following board decisions; 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 150-day period following a Board of Veterans' Appeals (Board) decision involves special handling of paper claims folders, which are subject to review by the United States Court of Appeals for Veterans Claims (CAVC). When temporarily transferring paper claims folders between ROs, the receiving RO must store the paper claims folders in its Board secured area and should only store the paper claims folder in the main file bank when the special-handling period has expired.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Special-Handling Period Following Board Decisions
- m21-5:6.C.5
- Special-Handling Period Following
- Board Decisions
- Transferring Folders During Special-Handling
- special-handling period following Board
- shipping policy during special
- permanent transfers during special
Original VA guidance
The official VA text of this section
5. Transferring Folders During the Special-Handling Period
Introduction
This topic contains information about transferring paper claims folders which are subject to review by CAVC, including
- special-handling period following Board of Veterans’ Appeals (Board) decisions
- shipping policy during special handling
- permanent transfers during special handling
- temporary transfers during special handling
- coordination of temporary transfers to Central Office (CO)
- temporary transfers between regional offices (ROs)
- transfer of paper special-handling cases between ROs, and
- quality reviews during special-handling.
Change Date
June 10, 2024
6.C.5.a. Special-Handling Period Following Board Decisions
The 150-day period following a Board of Veterans' Appeals (Board) decision involves special handling of paper claims folders, which are subject to review by the United States Court of Appeals for Veterans Claims (CAVC). The purpose of this handling is to protect the integrity of the record, as the CAVC will decide any appeal based upon the record before the Board at the time of the Board's decision. Therefore, no one must add or remove any documents from the claims folder.
Reference: For more information on the special handling of claims folders, see M21-5, Chapter 6, Section C.2.c.
6.C.5.b. Shipping Policy During Special Handling
During the 150-day period following a Board decision, ship paper claims folders that are subject to review by CAVC via
- overnight mail, or
- express mail.
Reference: For more information on the special handling of claims folders after Board decisions, see M21-5, Chapter 6, Section C.2.c.
6.C.5.c. Permanent Transfers During Special Handling
Reference: For instructions on maintaining special handling claims folders at the RO, see M21-5, Chapter 6, Section C.2.g.
If a paper claims folder requires a permanent transfer to another RO during the 150-day special-handling period following a Board decision, make sure the temporary file accompanies the paper claims folder.
The receiving RO must
- store the paper claims folders in its Board secured area, and
- establish a local control date to return the paper claims folder to regular storage on the date indicated by the Board.
6.C.5.d. Temporary Transfers During Special Handling
During the special-handling period, do not temporarily transfer paper claims folders to any entity other than the following:
- another RO
- the Board
- the Office of General Counsel (OGC)
- Veterans Benefits Administration’s (VBA’s)
- Office of Administrative Review
- Compensation Service
- Pension and Fiduciary Service
- Education Service, or
- Veteran Readiness and Employment (VR&E) Service, or
- VA medical centers (VAMCs) in association with examination requests.
Important: Do not temporarily transfer paper claims folders to a VAMC unless the RO can ensure the VAMC:
- is familiar with the special handling requirements
- can maintain security of the paper claims folders and not tamper with material filed in the paper claims folder, and
- agrees to expeditiously return the paper claims folder to the RO if the CAVC Litigation Group requests it.
Notes:
- When a temporary transfer is necessary, send the temporary file instead of the paper claims folder, if possible.
- Paper claims folders may be temporarily transferred to the Board based on a telephone request from the Office of the
- Chairman, or
- Director of the Administrative Support Staff.
6.C.5.e. Coordination of Temporary Transfers to Central Office (CO)
Contact OAR's Operations Division (oarops.vbawas@va.gov) to coordinate a temporary transfer of paper claims folders for VA Central Office (CO) review.
6.C.5.f. Temporary Transfers Between Regional Offices (ROs)
Reference: For more information on Board label inserts for paper claims folders, see M21-5, Chapter 6, Section C.1.
When temporarily transferring paper claims folders between ROs, the receiving RO must store the paper claims folders in its Board secured area and should only store the paper claims folder in the main file bank when the special-handling period has expired.
If the claims folders are returned to the station of origination during the special-handling period, the Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM) or designee must certify, using the Board label in the center of the paper claims folders, that no material subject to CAVC review was
- added to, or
- deleted from the record.
6.C.5.g. Transfer of Paper Special-Handling Cases Between ROs
Follow the steps in the table below when transferring paper claims folders between ROs during the special-handling period.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Prior to mailing the paper claims folder, the sending RO must advise the receiving RO of the pending transfer via e-mail or telephone. |
| 2 | The VSCM, PMCM or designee at the sending RO (or, for the purposes of this table where appropriate, the Chief of the reviewing staff at CO) certifies by signature that, while the paper claims folder was maintained at that facility, no material was added to or deleted from the record that is subject to review by CAVC. Note: The VSCM or PMCM may not delegate certification to a lower authority, and must enter the certification in the space provided on the file insert that the Board placed on the center flap of the folder. |
| 3 | The sending RO must address the paper claims folder to the VSCM or PMCM at the receiving RO, and annotate on the folder Do Not Open In Mail Room. |
| 4 | The VSCM or PMCM at each RO alerts the administrative activity of the priority of these paper claims folders, and makes special arrangements for the paper claims folder to be delivered from the mailroom to the VSCM or PMCM. |
| 5 | The sending RO transfers the paper claims folder. |
| 6 | If the receiving RO has not received the claims folder within five business days, the receiving RO must alert the sending RO. Important: The sending RO must initiate follow-up action to determine the current location of the claims folder. |
6.C.5.h. Quality Reviews During Special Handling
Do not refer paper claims folders subject to special handling to CO for quality review. If a quality review random selection list includes special-handling folders, contact the Quality Assurance staff to amend the list.