What this means
m21-5:7.C.4 explains who may receive a de novo review. In plain terms, the official guidance says an appellant has a right to de novo review of the claim if a timely NOD is filed with the decision on a benefit claim, and either It also addresses de novo review, when elected by the appellant, will encompass only the decision(s) with which the appellant has expressed disagreement in the NOD.
How this may help with a claim
Use m21-5:7.C.4 to audit how VA handled who may receive a de novo review. 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 appellant has a right to de novo review of the claim if a timely NOD is filed with the decision on a benefit claim, and either De novo review, when elected by the appellant, will encompass only the decision(s) with which the appellant has expressed disagreement in the NOD. 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: An appellant has a right to de novo review of the claim if a timely NOD is filed with the decision on a benefit claim, and either
- Confirm that the record or notice addresses this source point: requests de novo review within 60 days of the date VA sends the appeal election letter.
- Document how this stated step or exception applies: De novo review, when elected by the appellant, will encompass only the decision(s) with which the appellant has expressed disagreement in the NOD.
Important limits
m21-5:7.C.4 explains VA guidance for who may receive a de novo review; 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 appellant has a right to de novo review of the claim if a timely NOD is filed with the decision on a benefit claim, and either In some cases, the appellant requests a hearing or de novo review but does not live in the same jurisdiction as the station having jurisdiction over the appeal.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Who May Receive a De Novo Review
- m21-5:7.C.4
- Who May Receive
- Novo Review
- receive novo review
- conducts novo review
- what subject novo review
- novo review contested claims.
Original VA guidance
The official VA text of this section
4. De Novo Review
Introduction
This topic contains information on a de novo review, including
- who may receive a de novo review
- who conducts a de novo review
- what may be the subject of a de novo review, and
- de novo review of contested claims.
Change Date
June 25, 2024
7.C.4.a. Who May Receive a De Novo Review
An appellant has a right to de novo review of the claim if a timely NOD is filed with the decision on a benefit claim, and either
- requests de novo review at the time of submission of NOD, or
- requests de novo review within 60 days of the date VA sends the appeal election letter.
Notes:
- The 60-day time limit cannot be extended.
- An appellant cannot have more than one de novo review of the issue on appeal.
References: For more information on
- de novo review, see
- 38 CFR 3.2600, and
- M21-5, Chapter 7, Section A.1.e
- definition of appellant, see M21-5, Chapter 7, Section A.1.b, and
- DRO jurisdiction and authority, see M21-5, Chapter 7, Section C.3.
7.C.4.b. Who Conducts a De Novo Review
At VA discretion, the de novo review is conducted by the
- DROCM
- VSCM
- PMCM, or
- DRO.
Note: Only an individual who did not participate in the original decision being appealed may conduct the de novo review.
References: For more information on
- who conducts a de novo review, see 38 CFR 3.2600
- DRO jurisdiction and authority, see M21-5, Chapter 7, Section C.3
- acting DROs, see M21-5, Chapter 7, Section C.2.e, and
- visiting DROs, see M21-5, Chapter 7, Section C.3.c.
7.C.4.c. What May Be Subject of a De Novo Review
De novo review, when elected by the appellant, will encompass only the decision(s) with which the appellant has expressed disagreement in the NOD.
Note: As stated in 38 CFR 3.2600(e), during de novo review, the reviewer may also reverse or revise (even if disadvantageous to the claimant) prior decisions of an agency of original jurisdiction (including the decision being reviewed or any prior decision that has become final due to failure to timely appeal) on the grounds of CUE.
References: For more information on CUEs, see
- 38 CFR 3.105(a), and
- M21-1, Part X, Subpart ii, 5.A.1.a
7.C.4.d. De Novo Review of Contested Claims
The DRO or a designee of the DROCM, VSCM, or PMCM conducts one hearing or de novo review for each of the different appellants in contested claims.
In some cases, the appellant requests a hearing or de novo review but does not live in the same jurisdiction as the station having jurisdiction over the appeal.
The table below describes the process for reviewing contested claims when the appellant does not live in the same jurisdiction as the station having jurisdiction over the appeal.
Scroll sideways to see the full table.
| Stage | Who Is Responsible | Description |
|---|---|---|
| 1 | DRO/DROCM/VSCM/PMCM at RO closest to the appellant’s residence | Holds a hearing prepares a transcript uploads the transcript into the appropriate electronic claims folder (eFolder), and provides notification to the DRO/DROCM/VSCM/PMCM at the station with jurisdiction over the appeal once the transcript is uploaded. Reference: For more information on uploading documents into the eFolder, see the VBMS User Guide. |
| 2 | DRO/DROCM/VSCM/PMCM with jurisdiction over the appeal | Reviews the transcript, and makes a decision. |
Note: The Board has jurisdiction of contested claims under the modernized appeals process.
Reference: For more information on issuing appeal decisions in contested claims, see M21-5, Chapter 7, Section D.1.g.