What this means
m21-5:6.D.1 explains actions triggered by the docketing of an appeal at CAVC. In plain terms, the official guidance says the Office of General Counsel's (OGC) CAVC Litigation Group is responsible for litigating appeals that are before the CAVC on behalf of the Secretary of Veterans Affairs. It also addresses the table below illustrates the current process utilized to ensure the CAVC Litigation Group can timely retrieve original claims folders from ROs.
How this may help with a claim
Use m21-5:6.D.1 to audit how VA handled actions triggered by the docketing of an appeal at CAVC. 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 Office of General Counsel's (OGC) CAVC Litigation Group is responsible for litigating appeals that are before the CAVC on behalf of the Secretary of Veterans Affairs. The table below illustrates the current process utilized to ensure the CAVC Litigation Group can timely retrieve original claims folders from ROs. 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: RO actions when it cannot locate a paper claims folder
- Confirm that the record or notice addresses this source point: The Office of General Counsel's (OGC) CAVC Litigation Group is responsible for litigating appeals that are before the CAVC on behalf of the Secretary of Veterans Affairs.
- Document how this stated step or exception applies: Step — Action; 1 — CAVC places an appeal on its docket.; 2 — CAVC Litigation Group e-mails a request for the original claims folder to the OAR Operations Division mailbox (VAVBAWAS/OAR/OPS).;
Important limits
m21-5:6.D.1 explains VA guidance for actions triggered by the docketing of an appeal at CAVC; 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 Office of General Counsel's (OGC) CAVC Litigation Group is responsible for litigating appeals that are before the CAVC on behalf of the Secretary of Veterans Affairs. ROs must make every attempt to locate a paper claims folder that the CAVC Litigation Group requests through the DROC.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Actions Triggered by the Docketing of an Appeal at CAVC
- m21-5:6.D.1
- Actions Triggered Docketing
- Appeal CAVC
- Regional Office Involvement Docketed
- actions triggered docketing appeal
- responding request CAVC Litigation
- actions when cannot locate
Original VA guidance
The official VA text of this section
1. Regional Office (RO) Involvement With Docketed CAVC Appeals
Introduction
This topic contains information about RO involvement with docketed CAVC appeals, including
- actions triggered by the docketing of an appeal at CAVC
- responding to a request from the CAVC Litigation Group for a paper claims folder, and
- RO actions when it cannot locate a paper claims folder
Change Date
June 10, 2024
6.D.1.a. Actions Triggered by the Docketing of an Appeal at CAVC
The Office of General Counsel's (OGC) CAVC Litigation Group is responsible for litigating appeals that are before the CAVC on behalf of the Secretary of Veterans Affairs. Within 60 days of the date CAVC places an appeal on its docket, the CAVC Litigation Group is responsible for making copies of the appellant’s claims folder and providing them to both the appellant and CAVC. VA’s failure to meet this deadline can result in sanctions against VA and its employees.
The table below illustrates the current process utilized to ensure the CAVC Litigation Group can timely retrieve original claims folders from ROs.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | CAVC places an appeal on its docket. |
| 2 | CAVC Litigation Group e-mails a request for the original claims folder to the OAR Operations Division mailbox (VAVBAWAS/OAR/OPS). |
| 3 | OAR coordinates transfer with the RO that has the paper claims file. |
| 4 | Within five business days, the RO must complete the actions described in M21-5, Chapter 6, Section D.1.b. |
Notes:
- If the RO does not complete the actions within five days, OAR will follow-up with the RO for immediate action.
- The CAVC Litigation Group has access to electronic claims folders in Virtual VA/the Legacy Content Manager and the Veterans Benefits Management System. Therefore, OAR should never receive a request from the CAVC Litigation Group for an appellant’s claims folder if the claims folder is entirely paperless.
6.D.1.b. Responding to a Request From the CAVC Litigation Group for a Paper Claims Folder
ROs must complete the actions described in the table below within five business days of receiving a request from OAR to transfer a paper claims folder to the CAVC Litigation Group.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Locate the paper claims folder. If the paper claims folder cannot be located, follow the instructions in M21-5, Chapter 6, Section D.1.c. |
| 2 | Does the appellant have a claim pending at the RO? If yes, proceed to Step 3. If no, proceed to Step 5. |
| 3 | Make a photocopy of documents within the paper claims folder that are necessary to continue processing the claim. |
| 4 | Create a temporary file, if one does not already exist, according to the instructions in the COVERS User Guide, for storing the photocopies referenced in Step 3. Reference: For more information on a temporary file, see M21-5, Chapter 6, Section C.3. |
| 5 | Take folder-maintenance measures, if necessary. Reference: For more information on folder maintenance, see M21-1, Part II, Subpart ii, 2.A. |
| 6 | Prepare a manifest and place it in the claims folder in the shipping box. |
| 7 | Ship the paper claims folder to VA Office of General Counsel CAVC Litigation Group (027S) 810 Vermont Avenue, NW Washington, DC 20420 Note: Unless otherwise directed, the RO must ship the paper claims folders to the CAVC Litigation Group using an overnight or express mail delivery system with tracking. |
| 8 | When transferring paper claims folders update COVERS to reflect the temporary transfer of the paper claims folder to the CAVC Litigation Group, and e-mail the tracking number(s) associated with the shipment referenced in Step 7 to OAR Operations at VAVBAWAS/OAR/OPS. |
Notes:
- OGC must receive the paper claims folders before the CAVC deadlines because it needs time to scan them.
- If the RO does not transfer the paper claims folder to the CAVC Litigation Group within five days, the DROC DC will follow-up to the RO for immediate actions.
6.D.1.c. RO Actions When it Cannot Locate a Paper Claims Folder
ROs must make every attempt to locate a paper claims folder that the CAVC Litigation Group requests through the DROC. This includes conducting a thorough search for the paper claims folder, as set forth in M21-1, Part II, Subpart ii, 1.B, if necessary.
If the RO still cannot locate the paper claims folder, the VSCM or PMCM must prepare a formal declaration to CAVC that details the efforts the RO undertook to locate it.
- The declaration must open with the following statement I, [VSCM or PMCM name], am the [Veterans Service or Pension Management] Center Manager of the [RO name] in [city, state]. I am submitting this declaration to inform the United States Court of Appeals for Veterans Claims of the efforts made to locate the claims folder for [name of the appellant].
- Additional declarations from other supervisory and non-supervisory employees may be necessary to provide detailed information regarding the attempts to locate the claims folder.
- The declaration must also include the following information:
- the date the DROC requested the paper claims folder from the RO and the means whereby it made the request (typically by e-mail)
- confirmation that the RO followed the procedures for locating the paper claims folder, as set forth in M21-1, Part II, Subpart ii, 1.B
- the name of the employee primarily responsible for locating the paper claims folder
- the name of the employee who first attempted to locate the paper claims folder and the date of the first attempt, and
- the names of other employees who conducted searches, the dates of the searches, and the means they used to conduct their searches.
- If searches for the paper claims folder are still underway, the declaration must describe how the searches are being conducted, their frequency, and the date of the most recent search.
- If the RO is reconstructing the paper claims folder, the declaration must
- describe the related actions the RO has taken to date, and
- specify whether the RO has asked the appellant and representative to provide any relevant records in their possession.
- The declaration must close with the following certification I, [VSCM or PMCM name], hereby certify on this date, [current date], that the statements herein are true and correct to the best of my knowledge and belief.