What this means
m21-5:7.B.1 explains NOD processing and the role of the appeals team. In plain terms, the official guidance says initial review of potential NODs, and NOD establishment procedures are detailed in M21-5, Chapter 6, Section B. It also addresses VA employees should liberally evaluate all evidence and statements from appellants to ensure all appealed issues are addressed. This policy does not require reading into the record an argument that has not been made.
How this may help with a claim
Use m21-5:7.B.1 to audit how VA handled NOD processing and the role of the appeals team. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Initial review of potential NODs, and NOD establishment procedures are detailed in M21-5, Chapter 6, Section B. VA employees should liberally evaluate all evidence and statements from appellants to ensure all appealed issues are addressed. 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: Based upon locally-established workload management procedures, appeals team members are responsible for the following steps when processing NODs.
- Confirm that the record or notice addresses this source point: Stage — Description; 1 — Identify and review newly established NODs.; 2 — Request clarification of any appellate issues, when required.;
- Document how this stated step or exception applies: 2 — Request clarification of any appellate issues, when required.
Important limits
m21-5:7.B.1 explains VA guidance for NOD processing and the role of the appeals team; 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: Initial review of potential NODs, and NOD establishment procedures are detailed in M21-5, Chapter 6, Section B. In cases where there is no postmark, VBA will presume that the postmark date is five days prior to the date VA received the NOD (excluding Saturdays, Sundays, and legal holidays).
Search terms when useful
Phrases that may help when searching your claim file or this library.
- NOD Processing and the Role of the Appeals Team
- m21-5:7.B.1
- NOD Processing Role
- Appeals Team
- Considerations
- processing role appeals team
- requesting clarification claimants
- sympathetic review appeal submissions
Original VA guidance
The official VA text of this section
1. NOD Considerations
Introduction
This topic contains information about Notices of Disagreement (NODs), including
- NOD processing and the role of the appeals team
- requesting clarification from claimants
- sympathetic review of appeal submissions, and
- handling a time limit extension request.
Change Date
March 12, 2025
7.B.1.a. NOD Processing and the Role of the Appeals Team
Initial review of potential NODs, and NOD establishment procedures are detailed in M21-5, Chapter 6, Section B.
Based upon locally-established workload management procedures, appeals team members are responsible for the following steps when processing NODs.
Scroll sideways to see the full table.
| Stage | Description |
|---|---|
| 1 | Identify and review newly established NODs. |
| 2 | Request clarification of any appellate issues, when required. |
| 3 | Complete the ISSUES tab in the Veterans Appeals Control and Locator System (VACOLS) record to accurately reflect all valid NOD issues. |
| 4 | Develop the NOD, when required, including completing any requested telephone contact or scheduling a formal hearing or informal conference, when requested. |
| 5 | Complete a decision on the NOD and send notice to the appellant and representative, if any. |
7.B.1.b. Requesting Clarification from Claimants
If it is uncertain whether a communication from the claimant is an NOD, request clarification from the claimant.
Important: If the Department of Veterans Affairs (VA) requests clarification of an unclear NOD and there are less than 60 days remaining in the appeal period, provide the claimant 60 days from the date of request for clarification to respond.
References: For more information on requesting clarification from a claimant, see
- 38 CFR 19.26(c), and
- M21-5, Chapter 7, Section B.3.b.
7.B.1.c. Sympathetic Review of Appeal Submissions
Veterans Benefits Administration (VBA) policy is to consider all claims sympathetically or liberally by generously construing the evidence and resolving any ambiguities in the appellant’s favor.
VA employees should liberally evaluate all evidence and statements from appellants to ensure all appealed issues are addressed. This policy does not require reading into the record an argument that has not been made.
Important: Effective March 24, 2015, and for claim decisions issued prior to February 19, 2019, VA will only accept issues listed on a timely VA Form 21-0958, Notice of Disagreement, if required, as part of the appeal submission for compensation. Any additional evidence or statements suggesting appealed issues will be considered a request for application for an NOD.
Exception: There is no standard form requirement for an NOD which contests a decision regarding a claimant’s entitlement to pension, Dependency and Indemnity Compensation (DIC), or accrued benefits.
Note: Under the Appeals Modernization Act, the NOD form has changed to VA Form 10182, Notice of Disagreement, for any benefit decision made on or after February 19, 2019, which the claimant would like reviewed directly by the Board of Veterans' Appeals (Board).
VBA will accept the legacy appeal form, VA Form 21-0958, for VBA decisions made prior to February 19, 2019 only if postmarked on, or prior to, February 18, 2020, unless an extension has been granted under 38 CFR 3.109 and M21-5 Chapter 7, Section, B.1.d.
In cases where there is no postmark, VBA will presume that the postmark date is five days prior to the date VA received the NOD (excluding Saturdays, Sundays, and legal holidays). Therefore, unless an extension has been granted under 38 CFR 3.109 and M21-5, Chapter 7, Section B.1.d, the latest that VBA will accept a VA Form 21-0958 NOD is February 25, 2020.
For any VA Form 21-0958s received after that date, please follow the guidance found under M21-5 Chapter 6, Section B.
Important: The Federal Circuit, in Shea v. Wilkie, 926 F.3d 1362 (2019), held that under certain circumstances, medical records should be interpreted as informal claims for benefits. The table below outlines the criteria under which this ruling would apply.
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| If... | Then... |
| the pending appeal includes an NOD received prior to March 24, 2015, and the claimant has referred to specific medical records in communication with VA, with a reasonable implication of a claim for benefits related to disabilities listed in these records, and those records contain a reasonably ascertainable diagnosis of a disability | the claimant has raised an informal claim for disability for that condition under 38 CFR 3.155(a) |
| the pending appeal does not include an NOD received prior to March 24, 2015, or the claimant has not referred to specific medical records in communication with VA, or the specific records referenced by the Veteran do not contain a reasonably ascertainable diagnosis of a disability | an informal claim has NOT been raised and no further action related to Shea is required. |
Note: In Shea, the Federal Circuit noted that general, non-specific, or non-concrete references to records would not be sufficient under this standard to raise an informal claim for benefits. The holding in Shea is limited by the factual circumstances underlying its analysis, and VA should only apply the decision to cases with similar factual scenarios.
References: For more information on
- construing appeal submissions, see
- Harris v. Shinseki, 704 F.3d 946 (Fed. Cir. 2013), and
- Comer v. Peake, 552 F.3d 1362 (Fed. Cir. 2009)
- required language for liberally construing evidence, see M21-5, Chapter 7, Section D.1.d
- determining/clarifying issues and potential claims, see M21-1, Part V, Subpart ii, Chapter 3.A.1.h
- handling a request for application for an NOD, see M21-5, Chapter 6, Section B.1
- postmark dates, see M21-5, Chapter 6, Section B.1.i
- Appeals Modernization Act, see M21-5, Chapter 4, and
- potential informal claims, see Shea v. Wilkie, 926 F.3d 1362 (Fed. Cir. 2019).
7.B.1.d. Handling a Time Limit Extension Request
Except in the case of simultaneously contested claims, a claimant or representative must file an NOD within one year from the date of the notification letter of a VBA decision. A claimant may request an extension of the time limit for filing an NOD. When an extension is requested, provide the claimant with a decision on the request. If denying the request, include appeal rights with the decision notice. For any disagreements of decisions made on or after February 19, 2019, on VA Form 10182, claimants must submit requests for extensions directly to the Board.
Important: If the claimant requests an extension after the expiration of the time limit for filing an NOD, the claimant must
- submit a completed NOD simultaneously with the request for extension, and
- demonstrate good cause.
Notes:
- A claimant may request an extension before or after the expiration of the NOD period.
- An extension may be granted when good cause is shown.
- A claimant may appeal to the Board a denial to extend the time limit to disagree with a legacy appeal. For disagreements under AMA submitted directly to the Board, requests for extensions to submit NODs must be likewise made directly to the Board. The options to contest a Board denial include appealing to the Court of Appeals for Veterans Claims (CAVC) or filing a supplemental claim along with new and relevant evidence.
Reference: For more information NOD time limits, see 38 CFR 19.52(a).