Formal Hearings | M21-5 7.A.2

What this means

m21-5:7.A.2 explains formal hearings. In plain terms, the official guidance says the appellant may elect to have a formal hearing at any time during the appeal process. It also addresses the table below, as well as all other guidance in M21-5, Chapter 7, Legacy Appeal Procedures, pertains to legacy appeals ONLY, unless otherwise specified.

How this may help with a claim

Use m21-5:7.A.2 to audit how VA handled formal hearings. 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 appellant may elect to have a formal hearing at any time during the appeal process. The table below, as well as all other guidance in M21-5, Chapter 7, Legacy Appeal Procedures, pertains to legacy appeals ONLY, unless otherwise specified. 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: Stage — Who Is Responsible — Action — Reference; 1 — Appellant — files an NOD in response to a VA decision regarding a claim for benefits, and may elect either the DRO review process or the traditional appellate review process.
Confirm that the record or notice addresses this source point: 1 — Appellant — files an NOD in response to a VA decision regarding a claim for benefits, and may elect either the DRO review process or the traditional appellate review process. Notes:
Document how this stated step or exception applies: 2 — Intake Processing Center (IPC), Appeals team, or other trained personnel — reviews all potential NODs and determines if the NOD is valid complete timely, or duplicative initiates a Veterans Appeal Control and Locator System (VACOLS) record per steps in M21-5, Chapter 6, Section B.2 establishes a 170 series end product (EP) per steps in M21-5, Chapter 6, Section B.2.d and sends the appropriate appellate review process letter.

Important limits

m21-5:7.A.2 explains VA guidance for formal hearings; 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 appellant may elect to have a formal hearing at any time during the appeal process. Stage — Who Is Responsible — Action — Reference; 1 — Appellant — files an NOD in response to a VA decision regarding a claim for benefits, and may elect either the DRO review process or the traditional appellate review process.

Search terms when useful

Phrases that may help when searching your claim file or this library.

Formal Hearings
m21-5:7.A.2
Appeal Process
appeal process.
7.A.2.a. Formal Hearings
appellant elect have formal
7.A.2.b. Appeal Process
table below describes stages

Original VA guidance

The official VA text of this section

2. Appeal Process

Introduction

This topic contains information on the appeal process, including

formal hearings, and
an overview of the appeal process.

Change Date

May 27, 2022

7.A.2.a. Formal Hearings

The appellant may elect to have a formal hearing at any time during the appeal process.

Reference: For more information on hearings, see M21-1, Part X, Subpart v, Chapter 1.D.1.a

7.A.2.b. Overview of the Appeal Process

The table below describes the stages in the appeal process.

Note: The table below, as well as all other guidance in M21-5, Chapter 7, Legacy Appeal Procedures, pertains to legacy appeals ONLY, unless otherwise specified.

Scroll sideways to see the full table.

Stage	Who Is Responsible	Action	Reference
1	Appellant	files an NOD in response to a VA decision regarding a claim for benefits, and may elect either the DRO review process or the traditional appellate review process. Notes: There was no standard form requirement for an NOD which contested a decision regarding a claimant's entitlement to pension, Dependency and Indemnity Compensation (DIC), or accrued benefits until February 19, 2019. For decisions made on or after that date, the Board has immediate jurisdiction over notices of disagreement submitted using VA Form 10182. VA Form 21-0958, included checkboxes for the appellant to elect either the DRO review process or the traditional appellate review process. Appellants may also choose to elect a particular appellate review process with the submission of valid NODs in other formats.	See M21-5, Chapter 7, Section B.
2	Intake Processing Center (IPC), Appeals team, or other trained personnel	reviews all potential NODs and determines if the NOD is valid complete timely, or duplicative initiates a Veterans Appeal Control and Locator System (VACOLS) record per steps in M21-5, Chapter 6, Section B.2 establishes a 170 series end product (EP) per steps in M21-5, Chapter 6, Section B.2.d and sends the appropriate appellate review process letter.	See M21-5, Chapter 6, Section B M21-5, Chapter 7, Section B, and VACOLS User Guide.
3	Appeals team	identifies and reviews newly established NODs requests clarification of any appellate issues, when required completes the ISSUES tab in the VACOLS record, and develops the NOD, when required, to include any requested telephone contact, formal hearings or informal conferences.	See M21-5, Chapter 7, Section B.
4	Appellant	elects either the DRO, or traditional appellate review process without a DRO.	See M21-5, Chapter 7, Section C.
5	Appeals team	conducts one of the following review processes based on the appellant’s choice: DRO, or traditional appellate review process without a DRO review.	See M21-5, Chapter 7, Section C, and M21-5, Chapter 7, Section D.
6	Appeals team	determines whether a change to the decision on appeal is warranted based upon a review of the evidence issues a decision, and clears the EP.	See M21-5, Chapter 7, Section D, and M21-4, Appendix B.
7	Appellant	returns VA Form 9 or a substantive appeal in lieu of VA Form 9 within the applicable time frames, and may elect one of the following types of Board hearings Travel Board Videoconference, or in person in Washington, DC, or may elect a local hearing before RO personnel. Note: An appellant may also choose not to have a hearing.	See M21-5, Chapter 7, Section E M21-1, Part X, Subpart v.1.D.1.a, and M21-5, Chapter 7, Section H.
8	IPC, Appeals team, or other trained personnel	when a substantive appeal is received determines if it is valid complete timely, or duplicative reestablishes the 170 series EP with the appropriate Form 9 claim label, and updates VACOLS.	See M21-5, Chapter 6, Sections B.3 and 4.
9	Appeals team	reviews the appeal to determine if an SSOC is required additional development is required, or the appeal is ready for certification to the Board.	See M21-5, Chapter 7, Section D.4 M21-5, Chapter 7, Section E, and M21-5, Chapter 7, Section F. 3.
10	Appeals team, or DROCM/VSCM/PMCM designee	certifies and transfers the appeal to the Board, and clears the EP.	See M21-5, Chapter 7, Section F.3 and 4, and M21-4, Appendix B.
11	Board	if requested, schedules a hearing.	See M21-5, Chapter 7, Section H.
12	Board	issues a decision granting or denying the benefit, or remanding the case to the DROC or RO for additional action.	See M21-5, Chapter 7, Section G.
13	Appeals team	establishes 070 series EP with appropriate claim label implements the Board’s decision to grant any issues completes action on any remanded issues per the remand instructions if new evidence is received, issues a decision clears the EP, and returns the appeal to the Board.	See M21-5, Chapter 7, Section G, M21-5, Chapter 4, Topic 5, and M21-4, Appendix B.
14	Board	issues a final decision in a remanded case and returns the case to the DROC or RO for review/processing.	See M21-5, Chapter 7 Section G, and M21-5, Chapter 4, Topic 5.
15	Appellant	may appeal the final Board decision to the U.S. Court of Appeals for Veterans Claims within 120 days of the date of the decision if not satisfied with the Board decision.	See M21-5, Chapter 7, Section G.2, and M21-5, Chapter 7, Section I.