Completing an NOD VACOLS Record

2. Processing an NOD

Introduction

This topic contains information on processing an NOD, including

• completing an NOD VACOLS record
• requests for telephone contact
• documenting telephone contact
• receiving an NOD with a request for a hearing
• handling disagreements regarding inadequate or not timely filed NODs
• new issues raised on an NOD, and
• example of a new issue
• raised on an NOD prior to March 24, 2015
• not within the scope of an appeal raised on an NOD, and
• within the scope of an appeal raised on an NOD.

Change Date

March 12, 2025

7.B.2.a. Completing an NOD VACOLS Record

When an NOD is first received, the Intake Processing Center will ensure it is valid and create a “placeholder” VACOLS record and an end product (EP) 170. Thereafter, appeals team personnel are required to complete an initial review of newly established NODs, clarify issues, and ensure the completeness of the VACOLS record.

Once an NOD is identified by the appeals team, follow the steps in the table below to complete an NOD VACOLS record.

Scroll sideways to see the full table.

7.B.2.b. Requests for Telephone Contact

VA Form 21-0958 provides appellants an opportunity to request telephone contact from a regional office (RO) employee. The Decision Review Operations Center Manager (DROCM), Veteran Service Center Manager (VSCM), or Pension Management Center Manager (PMCM) has authority to designate the individual(s) responsible for conducting the telephone contact.

Note: The purpose of the telephone contact is to

• confirm the issues with which the appellant disagrees, and
• explain the appeals process.

7.B.2.c. Documenting Telephone Contact

When an appellant requests telephone contact from an RO employee on the VA Form 21-0958, the designated employee will make at least two attempts to contact the appellant at the requested time.

• If contact cannot be made, document the negative contact on VA Form 27-0820, Report of General Information. Provide a copy of the form to the appellant’s accredited representative and associate it with the claims folder.
• If contact is made, document it on VA Form 27-0820. Provide a copy of this documentation to the appellant’s accredited representative and associate it with the claims folder.

Note: The appeals team representative reserves the right to not call the appellant when circumstances indicate that such a call would not prove to be productive (due to a service-connected condition, for example). In such cases, the appeals team coach will be notified, as well as the appellant’s accredited representative.

Reference: Fo r a sample phone script, see M21-5, Chapter 7, Section B.5.

7.B.2.d. Receiving an NOD with a Request for a Hearing

If a hearing request is received with an NOD

• schedule and hold the hearing, and then
• send the statement of the case (SOC), if the appeal remains denied.

Note: This policy applies to both the Decision Review Officer (DRO) and the traditional appellate review processes.

References: For more information on

• the filing of NODs and appeals, see 38 U.S.C. 7105
• the DRO review process, see M21-5, Chapter 7, Section C
• RO hearings, see M21-1, Part X, Subpart v, Chapter 1.D.1.a, and
• sending an SOC, see M21-5, Chapter 7, Section D.

7.B.2.e. Handling Disagreements Regarding Inadequate or Not Timely Filed NODs

If the claimant disagrees with a determination that an NOD was not adequate or timely filed, send him/her an SOC because that determination may be appealed.

References: For more information on

• disputes of NODs, see
• 38 CFR 19.28, and
• 38 CFR 19.34
• sending an SOC, see M21-5 Chapter 7, Section D, and
• determining if an NOD is timely, see M21-5, Chapter 6, Section B.1.a.

7.B.2.f. New Issues Raised on an NOD

If the appellant raises issues on the NOD that have not yet been adjudicated, do not delay sending an SOC covering those issues that were previously decided unless there is outstanding evidence related to an SOC issue or issue within the scope of the appeal.

Important:

• Develop and decide the new issue(s) raised on an NOD received prior to March 24, 2015.
• Do not accept non-appeal issues raised on an NOD received on or after March 24, 2015, as a new claim. The correspondence is a request for application pertaining to the non-appeal issues except if the new issue is within the scope of the issue on appeal. Issues within the scope of the appeal issue do not require a separate claim.

References: For more information on

• examples of action to take for issues raised on an NOD, see M21-5, Chapter 7, Section B.2.g- i
• handling new issues raised on a substantive appeal, see M21-5, Chapter 7, Section E.3
• including appeal rights with the decision of the new issue, see M21-1, Part VI, Subpart i, Chapter 1.B.1.b
• requests for application, see M21-1, Part II, Subpart iii, 2.G.1.a and
• handling issues that are within the scope of another claim or appeal issue, see
• 38 CFR 3.155(d)(2), and
• M21-1, Part V, Subpart ii, 3.A.2.c.

7.B.2.g. Example of New Issue Raised on an NOD Prior to March 24, 2015

Situation: Prior to March 24, 2015, VBA receives an NOD listing the issues of entitlement to increased evaluation for a knee condition and service connection (SC) for a back condition. The knee condition was recently decided, and the appeal is valid. Entitlement to SC for a back condition has not been previously claimed or decided. No new evidence is identified on the NOD.

Result: Proceed with the appeal of entitlement to increased evaluation for the knee condition. Since the NOD was received prior to March 24, 2015, accept the correspondence as a claim for SC for the back condition and develop and decide the back claim. Do not delay the appeal decision on the knee for a rating decision on the back, or vice versa.

7.B.2.h. Example of New Issue Not Within the Scope of an Appeal Raised on an NOD

Situation: After March 24, 2015, VBA receives an NOD on VA Form 21-0958 listing the issues of entitlement to increased evaluation for a knee condition and SC for a back condition. The knee condition was recently decided, and the appeal is valid. Entitlement to SC for a back condition has not been previously claimed or decided. No new evidence is identified on the NOD.

Result: Proceed with the appeal of entitlement to increased evaluation for the knee condition. Since the NOD was received after March 24, 2015, accept the correspondence as a request for application for the back condition. Do not delay sending the SOC for the appealed knee issue.

7.B.2.i. Example of New Issue Within the Scope of an Appeal Raised on an NOD

Situation: After March 24, 2015, VBA receives an NOD on VA Form 21-0958 listing the issue of entitlement to service connection of erectile dysfunction as secondary to service-connected prostate cancer. On the NOD, the Veteran notes a diagnosis of erectile dysfunction. Treatment records accompanying the NOD show that the Veteran has been diagnosed with erectile dysfunction. The erectile dysfunction was recently decided due to no diagnosis, and so the appeal is valid.

Result: After ensuring all appropriate development is completed, the decision maker issues a rating decision establishing entitlement to service connection for erectile dysfunction and entitlement to special monthly compensation (SMC) K, loss of use of a creative organ.

Rationale: The issue of SMC K is considered within the scope of the appealed evaluation of service connection for erectile dysfunction because the evidence establishes the relationship between the two issues. Therefore, a separate claim for SMC K is not required.