What this means
m21-5:6.D.2 explains 6.d.2.a.. In plain terms, the official guidance says there are two possible scenarios that occur when CAVC issues a final decision on a pending appeal. It also addresses follow the steps in the table below when CAVC’s decision completes the appellate process.
How this may help with a claim
Use m21-5:6.D.2 to audit how VA handled 6.d.2.a.. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: There are two possible scenarios that occur when CAVC issues a final decision on a pending appeal. Follow the steps in the table below when CAVC’s decision completes the appellate process. 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: possible scenarios after the CAVC decision
- Confirm that the record or notice addresses this source point: steps after CAVC's decision, and
- Document how this stated step or exception applies: steps after receipt of a CAVC remand
Important limits
m21-5:6.D.2 explains VA guidance for 6.d.2.a.; 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: There are two possible scenarios that occur when CAVC issues a final decision on a pending appeal. Follow the steps in the table shown below when CAVC issues a remand on the appellate issue(s).
Search terms when useful
Phrases that may help when searching your claim file or this library.
- 6.D.2.a.
- m21-5:6.D.2
- CAVC Decisions
- possible scenarios after CAVC
- steps after CAVC decision
- steps after receipt CAVC
- 6.D.2.a. Possible Scenarios After
- There possible scenarios that
Original VA guidance
The official VA text of this section
2. CAVC Decisions
Introduction
This topic contains information on final CAVC decisions on pending appeals, including
- possible scenarios after the CAVC decision
- steps after CAVC's decision, and
- steps after receipt of a CAVC remand
Change Date
March 2, 2020
6.D.2.a. Possible Scenarios After the CAVC Decision
There are two possible scenarios that occur when CAVC issues a final decision on a pending appeal.
The table below describes the two possible scenarios.
Scroll sideways to see the full table.
| Possible Scenario | Description |
|---|---|
| 1 | CAVC’s decision completes the appellate process. Reference: For more information on the completion of the appellate process, see M21-5, Chapter 6, Section D.2.b. |
| 2 | CAVC issues a remand on the appellate issue(s). Reference: For more information on the process when CAVC issues a remand, see M21-5, Chapter 6, Section D.2.c. |
6.D.2.b. Steps After CAVC's Decision
Follow the steps in the table below when CAVC’s decision completes the appellate process.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | The VSCM or PMCM receives a copy of the final decision. |
| 2 | The VSCM or PMCM designates an employee to review the order or decision to determine if action is necessary. Example: The RO determines whether to provide an application for benefits when the CAVC order dismisses the appeal because of the death of the appellant, and indicates that a specific individual’s communication to CAVC about the death was an informal claim for accrued or death benefits if received prior to March 24, 2015. Note: Claims for benefits received on or after March 24, 2015, must be submitted on the prescribed VA form. |
| 3 | The designated employee initiates any necessary RO action. |
6.D.2.c. Steps After Receipt of a CAVC Remand
Follow the steps in the table shown below when CAVC issues a remand on the appellate issue(s).
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | The Board receives notification of the remand on the appellate issue(s). |
| 2 | The Board requests the paper claims folder from the RO, and indicates that the request involves a CAVC remand. |
| 3 | The RO sends the paper claims folder to the following address: Board of Veterans' Appeals Litigation Support Room 5W404 425 I (Eye) St. NW Washington, D.C. 20001 |
| 4 | Depending on the nature of the CAVC remand, the Board may return the case to the RO for action that it will specify. |