What this means
m21-5:7.C.5 explains purpose of an informal conference. In plain terms, the official guidance says informal conferences are scheduled and conducted at the discretion of the DRO. It also addresses if the veteran or claimant communicates by telephone or in person, the DRO or employee receiving the request should promptly complete and upload a VA Form 27-0820, Report of General Information, to document the request.
How this may help with a claim
Use m21-5:7.C.5 to audit how VA handled purpose of an informal conference. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Informal conferences are scheduled and conducted at the discretion of the DRO. If the veteran or claimant communicates by telephone or in person, the DRO or employee receiving the request should promptly complete and upload a VA Form 27-0820, Report of General Information, to document the request. 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: when to schedule and conduct an informal conference
- Confirm that the record or notice addresses this source point: presenting evidence during an informal conference
- Document how this stated step or exception applies: which evidence was considered, and
Important limits
m21-5:7.C.5 explains VA guidance for purpose of an informal conference; 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: Informal conferences are scheduled and conducted at the discretion of the DRO. The Informal Conference Report should be placed in the claims folder.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Purpose of an Informal Conference
- m21-5:7.C.5
- Purpose Informal Conference
- Informal Conferences
- when schedule conduct informal
- requesting canceling rescheduling informal
- where conduct informal conference
- attend informal conference
Original VA guidance
The official VA text of this section
5. Informal Conferences
Introduction
This topic contains information on informal conferences for legacy appeals, including
- purpose of an informal conference
- when to schedule and conduct an informal conference
- requesting, canceling, or rescheduling an informal conference
- where and how to conduct an informal conference
- who may attend an informal conference
- presenting evidence during an informal conference
- Informal Conference Report
- handling new issues raised during an informal conference, and
- considering the Informal Conference Report.
Change Date
June 25, 2024
7.C.5.a. Purpose of an Informal Conference
The purpose of an informal conference is to
- clarify the issues the appellant wishes to appeal
- provide explanations regarding
- the rating decision(s)
- which evidence was considered, and
- how the evidence was considered, and
- identify additional sources of pertinent information.
References: For more information on the definition of informal conferences,
- for legacy disagreements, see M21-5, Chapter 7, Section A.1.j., and
- for higher-level reviews (HLRs), see M21-5, Chapter 5, Topic 3.
7.C.5.b. When to Schedule and Conduct an Informal Conference
Informal conferences are scheduled and conducted at the discretion of the DRO.
Note: An informal conference of the DRO in a legacy appeal serves a different function than an informal conference in an HLR. See M21-5, Chapter 7, Section A.1.j.
7.C.5.c. Requesting, Canceling, or Rescheduling an Informal Conference
A claimant may request, cancel, or reschedule an informal conference in writing, by e-mail, by telephone, or in person. VA's request for clarification of a disagreement does not constitute, in and of itself, an informal conference.
Important: If the claimant communicates by telephone or in person, the DRO or employee receiving the request should promptly complete and upload a VA Form 27-0820, Report of General Information, to document the request.
7.C.5.d. Where and How to Conduct an Informal Conference
Conduct an informal conference
- in person at a VA facility
- of jurisdiction, or
- nearest to the appellant’s residence
- by telephone, or
- by videoconference.
Informal conferences may be conducted in work areas as long as all participants agree on the location.
7.C.5.e. Who May Attend an Informal Conference
Appellants and representatives may attend informal conferences at their discretion.
Note: If the appellant’s representative is an attorney, emphasize
- the informality of the conference
- that rules of evidence do not apply, and
- that leading questions are permissible.
7.C.5.f. Presenting Evidence During an Informal Conference
During an informal conference, the appellant or representative may
- introduce evidence into the record, and
- make arguments and contentions with respect to the facts and applicable law.
7.C.5.g. Informal Conference Report
Use the Informal Conference Report to
- document the informal conference, and
- describe
- all the issues in detail (Example: The Veteran seeks a rating increase from 50 percent to 70 percent for PTSD.)
- specific additional evidence required
- a summary of the discussion during the informal conference, and
- the course of action agreed upon by the parties.
Note: The Informal Conference Report should be placed in the claims folder.
Reference: For a sample of the Informal Conference Report, see M21-5, Chapter 7, Section C.6
7.C.5.h. Handling New Issues Raised During an Informal Conference
Use the table below to determine how to handle a new issue raised during an informal conference.
Scroll sideways to see the full table.
| If the appellant... | Then... |
|---|---|
| raises a new non-appeal compensation issue that is not a supplemental claim | document the intent to file (ITF), if applicable in writing in accordance with 38 CFR 3.217(b), and follow the procedures in M21-1, Part II, Subpart iii, 2.A.2.a to update the corporate record, which then generates the ITF from Hines. Note: Typically, documentation is on a VA Form 27-0820. |
| raises a new non-appeal supplemental compensation issue | instruct the claimant of the proper means for filing a supplemental claim, and if appropriate, provide the claimant with the authorized form, VA Form 20-0995, Decision Review Request: Supplemental Claim |
| indicates a desire to file a new NOD or substantive appeal | instruct the claimant of the proper means for filing an appeal, and if authorized, provide the claimant with the appropriate form, including VA Form 21-0958, Notice of Disagreement (for legacy appeals), VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (for modern appeals), or VA Form 9, Appeal to Board of Veterans’ Appeals. Notes: If there is no appealable decision with which to disagree, or if an SOC has not been issued on any issue in NOD status, advise the claimant and representative (if applicable) and record it in the Informal Conference Report. If an NOD or VA Form 9 is clearly untimely, notify the claimant and representative (if applicable) and record it in the Informal Conference Report. Advise the claimant of the proper method for filing an NOD or appeal, if still desired. Reference: For more information on the acceptable appeal form, see 38 CFR 20.202. |
Reference: For more information on new issues raised during a formal hearing, see M21-1, Part X, Subpart v, 1.D.5.a.
7.C.5.i. Considering the Informal Conference Report
Consider the information recorded in the Informal Conference Report when making a new decision.
Reference: For a sample of the Informal Conference Report, see M21-5, Chapter 7, Section C, 6.a.