What this means
m21-5:6.D.3 explains controlling paper claims folders the CAVC litigation group returns. In plain terms, the official guidance says the CAVC Litigation Group returns the paper claims folder to the RO when CAVC completes the record on appeal (ROA). It also addresses the table below describes the policy for controlling paper claims folders the CAVC Litigation Group returns.
How this may help with a claim
Use m21-5:6.D.3 to audit how VA handled controlling paper claims folders the CAVC litigation group returns. 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 CAVC Litigation Group returns the paper claims folder to the RO when CAVC completes the record on appeal (ROA). The table below describes the policy for controlling paper claims folders the CAVC Litigation Group returns. 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: 3. Return of Paper Claims Folders After Litigation
- Confirm that the record or notice addresses this source point: The CAVC Litigation Group returns the paper claims folder to the RO when CAVC completes the record on appeal (ROA).
- Document how this stated step or exception applies: Date — Policy; Prior to June 1, 1997 — The CAVC Litigation Group retained control of the paper claims folder until CAVC made a final determination concerning an appellate issue.;
Important limits
m21-5:6.D.3 explains VA guidance for controlling paper claims folders the CAVC litigation group returns; 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 CAVC Litigation Group returns the paper claims folder to the RO when CAVC completes the record on appeal (ROA). The CAVC Litigation Group will return paper claims folders to ROs when CAVC has taken final action before a first dispositive pleading has been filed.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Controlling Paper Claims Folders the CAVC Litigation Group Returns
- m21-5:6.D.3
- Controlling Paper Claims
- Folders CAVC Litigation
- Return Paper Claims Folders
- controlling paper claims folders
- role CAVC Litigation Group
- receipt claims folders CAVC
Original VA guidance
The official VA text of this section
3. Return of Paper Claims Folders After Litigation
Introduction
This topic contains information on the return of paper claims folders from the CAVC Litigation Group, including
- controlling paper claims folders the CAVC Litigation Group returns
- role of the CAVC Litigation Group
- receipt of claims folders from the CAVC Litigation Group
- requests for the return of a paper claims folder
- first dispositive pleadings, and
- requests for a claims folder prior to completion of the ROA process
Change Date
September 22, 2020
6.D.3.a. Controlling Paper Claims Folders the CAVC Litigation Group Returns
The CAVC Litigation Group returns the paper claims folder to the RO when CAVC completes the record on appeal (ROA).
Note: The ROA is an extract of the claims folder containing all documents that both parties agree are pertinent to the appeal.
The table below describes the policy for controlling paper claims folders the CAVC Litigation Group returns.
Scroll sideways to see the full table.
| Date | Policy |
|---|---|
| Prior to June 1, 1997 | The CAVC Litigation Group retained control of the paper claims folder until CAVC made a final determination concerning an appellate issue. |
| Effective June 1, 1997 | The CAVC Litigation Group returns the paper claims folder to the RO when CAVC completes the ROA process. Note: The ROA is an extract of the claims folder to which both parties agree. |
6.D.3.b. Role of the CAVC Litigation Group
After CAVC completes the ROA process, the CAVC Litigation Group
- attaches to the front of the paper claims folder a letter indicating the folder is associated with an unresolved appeal at CAVC
- marks the paper claims folder DO NOT OPEN IN MAILROOM, and
- returns the paper claims folder to the attention of the VSCM or PMCM at the ROJ.
6.D.3.c. Receipt of Claims Folders From the CAVC Litigation Group
ROs must follow the steps in the table below after receiving a paper claims folder from the CAVC Litigation Group following completion of the ROA process.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Merge the temporary file with the permanent claims folder. |
| 2 | If present, remove the following from the claims folder: outside label file inserts that do not bear the signature of a Veterans Benefits Administration or Veterans Health Administration employee, and Board evidence tabs. Note: Maintaining the integrity of the paper claims folders is not necessary because the ROA is filed at CAVC. Reference: For more information on handling claims folders after a CAVC decision, see M21-5, Chapter 6, Section C.6.a. |
| 3 | In the center section of the claims folder, permanently maintain all file inserts added during the 120-day period referenced in M21-5, Chapter 6, Section C.2.c, and containing signatures of employees that reviewed the folder, and certifying officials. |
6.D.3.d. Requests for the Return of a Paper Claims Folder
Follow the steps in the table below upon the receipt of a request from the CAVC Litigation Group for the return of the claims folder.
Scroll sideways to see the full table.
| Step | Action |
| 1 | Locate and pull the paper claims folder. |
| 2 | Send it to the CAVC Litigation Group using contracted shipping service. |
| 3 | If you cannot send the paper claims folder within five days of the request Send an email to the CAVC Litigation Group at RMS.VBAVACO@va.gov, and notify the CAVC Litigation Group of the reason for the delay, and expected date of shipment Notes: Do not delay sending the paper claims folders because of a pending claim for other benefits. In that situation, photocopy the documents required to process the pending claim and place them in a temporary folder. Do not send the paper claims folder to the scanning vendor once a request has been received for the folder from the CAVC Litigation Group, as this action may delay the receipt of the folder by the CAVC Litigation Group. |
6.D.3.e. First Dispositive Pleadings
The CAVC Litigation Group will return paper claims folders to ROs when CAVC has taken final action before a first dispositive pleading has been filed. Such cases involve, but are not limited to, findings that the
- CAVC lacks jurisdiction over the appellate issue(s), or
- appellant did not comply with CAVC rules.
6.D.3.f. Requests for a Claims Folder Prior to Completion of the ROA Process
If an RO requires the return of paper claims folders prior to completion of the ROA process, the RO must send a request to the CAVC Litigation Group.
Note: The CAVC Litigation Group will determine if the paper claims folders can be temporarily returned to the RO.