What this means
m21-5:7.B.3 explains multiple-issue nods. In plain terms, the official guidance says an NOD may express disagreement with a decision that contains multiple issues, but may not be clear as to which issue is being appealed. It also addresses a single-issue NOD that is complete does not require clarification.
How this may help with a claim
Use m21-5:7.B.3 to audit how VA handled multiple-issue nods. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: An NOD may express disagreement with a decision that contains multiple issues, but may not be clear as to which issue is being appealed. A single-issue NOD that is complete does not require clarification. 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: Follow the steps in the table below when an NOD contains multiple issues, and at least one of the issues requires clarification.
- Confirm that the record or notice addresses this source point: Step — Action; 1 — Can you identify one or more issues that are being appealed? If yes, but other issues require clarification inform the appellant of the issues VBA accepts as an appeal track the issue(s) identified as being appealed as an NOD in VACOLS go to M21-5, Chapter 7, Section B.4 for action on the issues identified as being appealed, and go to Step 2 for action on the issue(s) requiring clarification.
- Document how this stated step or exception applies: 1 — Can you identify one or more issues that are being appealed? If yes, but other issues require clarification inform the appellant of the issues VBA accepts as an appeal track the issue(s) identified as being appealed as an NOD in VACOLS go to M21-5, Chapter 7, Section B.4 for action on the issues identified as being appealed, and go to Step 2 for action on the issue(s) requiring clarification.
Important limits
m21-5:7.B.3 explains VA guidance for multiple-issue nods; 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: An NOD may express disagreement with a decision that contains multiple issues, but may not be clear as to which issue is being appealed. Follow the steps in the table below when an NOD contains multiple issues, and at least one of the issues requires clarification.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Multiple-Issue NODs
- m21-5:7.B.3
- clarifying multiple-issue NODs.
- 7.B.3.a. Multiple-Issue NODs
- express disagreement decision that
- Note single-issue that complete
- 7.B.3.b. Clarifying Multiple-Issue NODs
- Follow steps table below
Original VA guidance
The official VA text of this section
3. Multiple-Issue NODs
Introduction
This topic contains information on multiple-issue NODs, including
- multiple-issue NODs, and
- clarifying multiple-issue NODs.
Change Date
March 12, 2025
7.B.3.a. Multiple-Issue NODs
An NOD may express disagreement with a decision that contains multiple issues, but may not be clear as to which issue is being appealed.
Note: A single-issue NOD that is complete does not require clarification.
Reference: For more information on identifying an incomplete NOD, see M21-5, Chapter 6, Section B.1.f.
7.B.3.b. Clarifying Multiple-Issue NODs
Follow the steps in the table below when an NOD contains multiple issues, and at least one of the issues requires clarification.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Can you identify one or more issues that are being appealed? If yes, but other issues require clarification inform the appellant of the issues VBA accepts as an appeal track the issue(s) identified as being appealed as an NOD in VACOLS go to M21-5, Chapter 7, Section B.4 for action on the issues identified as being appealed, and go to Step 2 for action on the issue(s) requiring clarification. If no, go to Step 2. |
| 2 | Contact the claimant by telephone or in writing using the Clarification of NOD letter from the Letter Creator application, or equivalent letter from Personal Computer-Generated Letters (PCGL), to request clarification of which issue(s) is being appealed notify the claimant that if there is no response within the remainder of the appeal period, the earlier, unclear communication will not be considered an NOD, and go to Step 3. Important: Clarification of any appeals that required a VA Form 21-0958 to initiate must also be submitted on a VA Form 21-0958 if information is not received over the phone. Notes: If none of the issues listed on the NOD require clarification, explain in the letter that all issues are accepted and considered to be under appeal. If the appeal period is expired, or has less than 60 days remaining, provide the claimant 60 days to respond to the request for clarification in order to keep the appeal viable. Explain this 60-day time limit in your oral or written contact with the appellant. Document any telephone conversation with the claimant on VA Form 27-0820. |
| 3 | Did the claimant send clarification within the given time limit? If yes, track the issue(s) as an NOD in VACOLS inform the appellant of the appealed issues, and go to M21-5, Chapter 7, Section B.4. If no, take no further action. Note: If the claimant files a response past the time limit, follow the procedures in M21-5, Chapter 6, Section B.1.j. Reference: For more information on the definition of an appellant, see M21-5, Chapter 7, Section A.1.b. |
References: For more information on
- notifying the accredited representative of communication with claimants, see M21-1, Part I, Subpart i, Chapter 2, Section B.1.a
- clarification of issues under appeal when VA Form 21-0958 is required, see 38 CFR 19.24, and
- clarification of issues under appeal when VA Form 21-0958 is not required, see 38 CFR 19.26.