What this means
m21-5:7.B.4 explains who reviews the NOD. In plain terms, the official guidance says when a timely NOD is received, the Veterans Service Representative, Rating Veterans Service Representative, or DRO, as appropriate, reviews the appeal to determine if It also addresses as with every substantially complete claim, VA has a duty to assist the appellant in obtaining the necessary evidence to substantiate their claim.
How this may help with a claim
Use m21-5:7.B.4 to audit how VA handled who reviews the NOD. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: When a timely NOD is received, the Veterans Service Representative, Rating Veterans Service Representative, or DRO, as appropriate, reviews the appeal to determine if As with every substantially complete claim, VA has a duty to assist the appellant in obtaining the necessary evidence to substantiate their claim. 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: VA’s duty to assist the appellant in obtaining necessary evidence
- Confirm that the record or notice addresses this source point: When a timely NOD is received, the Veterans Service Representative, Rating Veterans Service Representative, or DRO, as appropriate, reviews the appeal to determine if
- Document how this stated step or exception applies: the prior decision was correct, or if the prior decision contains a clear and unmistakeable error (CUE), and
Important limits
m21-5:7.B.4 explains VA guidance for who reviews the NOD; 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: When a timely NOD is received, the Veterans Service Representative, Rating Veterans Service Representative, or DRO, as appropriate, reviews the appeal to determine if Follow the steps in the table below to develop an NOD for further evidence.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Who Reviews the NOD
- m21-5:7.B.4
- Who Reviews NOD
- Reviewing Further Development
- reviews
- duty assist appellant obtaining
- reviewing
- developing NOD.
Original VA guidance
The official VA text of this section
4. Reviewing an NOD for Further Development
Introduction
This topic contains information on reviewing an NOD for further development, including
- who reviews the NOD
- VA’s duty to assist the appellant in obtaining necessary evidence
- reviewing an NOD, and
- developing an NOD.
Change Date
May 27, 2022
7.B.4.a. Who Reviews the NOD
When a timely NOD is received, the Veterans Service Representative, Rating Veterans Service Representative, or DRO, as appropriate, reviews the appeal to determine if
- the prior decision was correct, or if the prior decision contains a clear and unmistakeable error (CUE), and
- any development or other action is needed.
7.B.4.b. VA’s Duty to Assist the Appellant in Obtaining Necessary Evidence
As with every substantially complete claim, VA has a duty to assist the appellant in obtaining the necessary evidence to substantiate their claim.
Reference: For more information on VA’s duty to assist with requesting records, see M21-1, Part III, Subpart i, 2.
7.B.4.c. Reviewing an NOD
Follow the steps in the table below to review an NOD.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Review the entire record, including the appellant’s statement on the NOD, to determine if additional development is needed. |
| 2 | Is additional development action required? If yes, go to M21-5, Chapter 7, Section B.4.d. If no, go to Step 3. |
| 3 | Was the decision a clear and unmistakable error (CUE)? If yes, take corrective action. If no, go to Step 4. Reference: For more information on CUEs, see M21-1, Part X, Subpart ii, 5.A.1.a. |
| 4 | Take any necessary action, including submission to the DRO with a request for the DRO review process, or submission to the VSCM or PMCM, to request an advisory opinion. Reference: For more information on requesting an advisory opinion, see M21-1, Part X, Subpart v, 1.A.2.a. |
| 5 | Send the claimant a decision on the NOD, either through a grant or SOC. Important: Ensure that the notice of any grant sent to the appellant provides review rights, when applicable. References: For more information on preparing and issuing an SOC, see M21-5, Chapter 7, Section D partial grant of an appeal, see M21-5, Chapter 7, Section A.1.i, and full grant of an appeal, see M21-5, Chapter 7, Section A.1.h. |
7.B.4.d. Developing an NOD
Follow the steps in the table below to develop an NOD for further evidence.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Request evidence, performing follow-up requests as appropriate. Go to Step 2. |
| 2 | Was the evidence received within the given time limit? If yes, go to Step 3. If no, take no further development action send an SOC to the appellant and representative on the basis of the evidence of record explaining which requested evidence was not received clear the appropriate EP, and allow the appellant to perfect the appeal. |
| 3 | Did the evidence result in a complete grant of the benefits sought or did the appellant or representative withdraw the NOD? If yes, close out any VACOLS controls. If no, issue an SOC update VACOLS clear the appropriate EP, and allow the appellant to perfect the appeal. Note: Do not prepare an SOC until development is completed or the time limit for submission of evidence has expired. |
References: For more information on
- sending an SOC, see M21-5, Chapter 7, Section D, and
- what EP credit to take, see M21-4, Appendix B.