What this means
m21-5:7.D.2 explains types of appeal decisions. In plain terms, the official guidance says the format of an appeal decision is dependent on the type of decision being made. When an appeal requires a decision, use the table below to determine the proper format to document the decision. It also addresses example 1: A Veteran files an NOD with a decision denying an increased evaluation for a knee condition. The appeals team member decides to award a partial rating increase and assigns a 20-percent evaluation.
How this may help with a claim
Use m21-5:7.D.2 to audit how VA handled types of appeal decisions. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: The format of an appeal decision is dependent on the type of decision being made. When an appeal requires a decision, use the table below to determine the proper format to document the decision. Example 1: A Veteran files an NOD with a decision denying an increased evaluation for a knee condition. 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: after SOC s
- Confirm that the record or notice addresses this source point: when decisions on downstream issues confer new review rights
- Document how this stated step or exception applies: processing issues within the scope of the appeal, and
Important limits
m21-5:7.D.2 explains VA guidance for types of appeal decisions; 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: The format of an appeal decision is dependent on the type of decision being made. When an appeal requires a decision, use the table below to determine the proper format to document the decision. Use the table below to determine whether a decision made on a downstream is sue confers new appeal rights.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Types of Appeal Decisions
- m21-5:7.D.2
- Types Appeal Decisions
- Partial Grants Full Grants
- decisions award
- full benefits
- partial benefits
- examples action take partial
Original VA guidance
The official VA text of this section
2. Partial Grants, Full Grants, Statements of the Case (SOCs), and Supplemental Statements of the Case (SSOCs)
Introduction
This topic contains information on making the decision on an appeal, including
- types of appeal decisions
- decisions to award
- full benefits, and
- partial benefits
- examples of action to take on partial appeal awards
- decisions to uphold the previous decision
- on NODs, and
- after SOC s
- jurisdiction over downstream appeal issues
- when decisions on downstream issues confer new review rights
- processing issues within the scope of the appeal, and
- addressing potential entitlement requiring a prescribed form.
Change Date
March 13, 2025
7.D.2.a. Types of Appeal Decisions
The format of an appeal decision is dependent on the type of decision being made. When an appeal requires a decision, use the table below to determine the proper format to document the decision.
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| If the decision is... | Then prepare a(n)... |
|---|---|
| a full or partial grant of the benefit sought for a single appeal issue, and the remaining issues on the same appeal record, if any, are ready for a decision | rating decision that addresses only the issue(s) that can be awarded, and SOC or SSOC, if any issues remain denied. Notes: Follow the appropriate full or partial grant procedures noted in M21-5, Chapter 7, Section D.2.b and c. Limit the content of the SOC or SSOC to only the issue(s) that remain denied or only partially granted. |
| a continued denial of the benefit sought on an NOD | SOC. |
| a continued denial of the benefit sought, and an SOC was previously sent | SSOC. Reference: For more information on when to send an SSOC, see M21-5, Chapter 7, Section D.4.a, and 38 CFR 19.31. |
| a full or partial grant of a multi-issue appeal, and the remaining issues on the same appeal record are not ready for a decision | rating decision that addresses only the issue(s) that can be awarded add the following in the SPECIAL NOTATION field: [relevant contention(s)] SOC/SSOC required direct or initiate required development action on remaining appeal issues, and provide notice to the appellant that VA will send notice of a decision on the remaining appeal issues at a later date. Note: Follow the appropriate full or partial grant procedures noted in M21-5, Chapter 7, Section D.2.b and c. |
7.D.2.b. Decisions to Award Full Benefits
If all benefits sought are awarded for the entire period covered by the appeal
- consider the appeal resolved for that issue
- advise the appellant and representative, if applicable, that the appeal is considered resolved, and
- update the Veterans Appeals Control and Locator System (VACOLS) record according to the table below.
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| If fully granting... | Then in VACOLS... |
|---|---|
| all issues on appeal | Enter the appellant’s file number in the APPELLANT ID field and click on the FIND ID button to display the appellant’s VACOLS record(s). Highlight the relevant VACOLS record. Select DISPATCH APPEAL. Enter the date of the decision in the DISPOSITION DATE/DATE SENT TO BVA field. In the DISPOSITION OF APPEAL field, select ADVANCE ALLOWED IN FIELD. If relevant, select DRO DECISION INFORMAL CONFERENCE, or FORMAL HEARING. |
| only some of the issues on appeal | Enter the appellant’s file number in the APPELLANT ID field and click on the FIND ID button to display the appellant’s VACOLS record(s). Highlight the relevant VACOLS record. Select VIEW APPEAL. Navigate to the ISSUES tab. Highlight the relevant issue. Select UPDATE. From the DISPOSITION drop down menu, select Advance allowed in Field. Enter the date of the decision in the DISP DATE field. Select UPDATE. |
Notes:
- The decision notice must be comprehensive and include
- all decision notice elements as described in M21-1, Part VI, Subpart i, 1.B.1.a, and
- a statement that the decision
- is an award of all benefits sought on appeal for that issue, and
- the appeal is considered satisfied in full for that issue.
- When service connection (SC) is the issue under appeal, a grant of SC, regardless of the evaluation, satisfies the appeal in full.
Reference: For more information on the definition of full grant, see
- M21-5, Chapter 7, Section A.1.h, and
- AB v. Brown, 6 Vet.App. 35 (1993).
7.D.2.c. Decisions to Award Partial Benefits
A decision that partially awards the benefit sought still requires an SOC/SSOC unless the appellant confirms satisfaction with the partial award.
Follow the steps in the table below when preparing a partial award of the benefit sought on an appeal.
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| Step | Action |
|---|---|
| 1 | Prepare a rating decision for the awarded issue(s), if applicable. |
| 2 | Either prepare an SOC/SSOC on the issues that cannot be fully granted, or if the remaining issues are not ready for a decision, direct or initiate required development action. Note: When granting a staged rating on an appeal for an increased evaluation (separate evaluations for separate periods of time, based on facts found), the SOC/SSOC should list the evaluation for each distinct evaluation period covered by the appeal. Example: 1. Evaluation of hearing loss at more than 0 percent for the period from January 18, 2018, to September 29, 2018. 2. Evaluation of hearing loss at more than 10 percent for the period from September 29, 2018. Reference: For more information on preparing an SOC/SSOC, see M21-5, Chapter 7, Section D.3. |
| 3 | If there has been no previous contact with the appellant or the representative, attempt to contact the appellant or the representative directly to explain the decision and the options available. Notes: In cases where a withdrawal of an appeal is received by telephone, explain VA’s need to obtain written confirmation of the withdrawal. Document any contact with the appellant or authorized representative on VA Form 27-0820, Report of General Information. Reference: For more information on withdrawal of appeals, see M21-5, Chapter 7, Section A.3. |
| 4 | Prepare a decision notice for the issues partially granted in accordance with M21-1, Part VI, Subpart i, 1.B.1.b, and provide appellate rights by attaching VA Form 20-0998, Your Right to Seek Review of Our Decision, to the decision notice, and adding the following language in the decision notice under the heading What You Should Do If You Disagree with Our Decision: If you continue to disagree with this decision, refer to the instructions in your Statement of the Case about how to continue your appeal. |
| 5 | Send the appellant the decision notice for the awarded issues an SOC/SSOC for any issues continued on appeal, and the Appeals Satisfaction Notice. |
References: For more information on
- the definition of partial grant, see M21-5, Chapter 7, Section A.1.i
- sending an SOC, see M21-5, Chapter 7, Section D.3, and
- sending an SSOC, see M21-5, Chapter 7, Section D.4.
7.D.2.d. Examples of Action to Take on Partial Appeal Awards
Example 1: A Veteran files an NOD with a decision denying an increased evaluation for a knee condition. The appeals team member decides to award a partial rating increase and assigns a 20-percent evaluation. However, the Veteran has specifically indicated that the evaluation should be 40-percent disabling. The appeals team sends the Veteran
- a decision notice for the rating increase
- the Appeals Satisfaction Notice, and
- an SOC listing the decision as
- Evaluation of left knee arthritis at more than 10 percent for the period from January 2, 2017, to January 2, 2018.
- Evaluation of left knee arthritis at more than 20 percent for the period from January 2, 2018.
Example 2: A Veteran submits VA Form 9, Appeal to Board of Veterans’ Appeals, regarding the decision on an individual unemployability (IU) claim, attaches new evidence, and requests an RO review. The Veteran also files a new NOD on the evaluation of SC asthma. The appeals team member determines the claim for IU can be awarded. In response to a telephone inquiry, the Veteran was advised that the IU was granted, but not yet promulgated. The Veteran submits a written statement that the grant of IU satisfies all appeal issues, including the asthma. The appeals team prepares a rating effectuating the award of IU, dispatches both VACOLS records, and sends the Veteran a decision notice with the Withdrawn Appeal letter language acknowledging the withdrawal of the NOD for asthma.
Reference: For more information on withdrawn appeal procedures, see M21-5, Chapter 7, Section A.3.
7.D.2.e. Decisions to Uphold the Previous Decisions on NODs
If confirming the previous decision on an NOD, send the appellant
- an SOC
- confirming the decision on appeal, and
- explaining the reasons and bases for the VA decision
- VA Form 9, and
- an explanation of any applicable time limit to respond.
References: For more information on preparing and issuing an SOC, see
- M21-5, Chapter 7, Section D.3, and
- 38 CFR 19.29.
7.D.2.f. Decisions to Uphold the Previous Decisions After an SOC
If confirming the previous decision on an appeal after an SOC has been sent, and when required as specified in M21-5, Chapter 7, Section D.4.a, send the appellant
- an SSOC
- confirming the decision on appeal, and
- discussing any changes and additions to the information provided in the prior SOC or SSOCs
- a VA Form 9, if still required, and
- an explanation of any applicable time limit to respond.
References: For more information on preparing and issuing an SSOC, see
- M21-5, Chapter 7, Section D.4, and
- 38 CFR 19.31.
7.D.2.g. Jurisdiction Over Downstream Appeal Issues
When issuing a favorable decision on an appealed issue, the decision maker assumes jurisdiction over and decides any downstream issues, including
- disability evaluation
- effective date, and
- ancillary issues that are within scope of that favorable decision.
Exception: If character of discharge (COD) is favorably resolved on appeal, control the issue of SC for the claimed issue(s) that led to the COD determination under an end product (EP) 930 and handle through the regular claims process.
Important: De novo review of a downstream issue must be conducted by a DRO who did not render the initial decision on the downstream issue.
References: For more information on
- the definition of downstream issues, see M21-5, Chapter 7, Section A.1.f
- when a decision on a downstream issue confers new appeal rights, see M21-5, Chapter 7, Section D.2.h
- considering issues within scope of a claim, see M21-1, Part V, Subpart ii, 3.A.2.a
- ancillary benefits, see M21-1, Part V, Subpart ii, 3.A.1.e
- scope of an appeal/claim, see
- 38 CFR 3.155(d)(2), and
- M21-5, Chapter 7, Section D.2.i, and
- COD determinations, see M21-1, Part X, Subpart iv, 1.A.1.a.
7.D.2.h. When Decisions on Downstream Issues Confer New Review Rights
Use the table below to determine whether a decision made on a downstream is sue confers new appeal rights.
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| If... | Then... |
|---|---|
| A new benefit is granted that was not specifically noted in the disagreement, such as an ancillary benefit or newly decided issue(s) related to the issue under appeal | New review rights are warranted for the newly granted benefit(s) or issue(s). |
| The appeal decision renders a full grant of the benefits sought | New review rights are not warranted for that issue; however, new review rights would be warranted for any downstream issues such as evaluation in the case of an appeal for service connection. |
| The appeal decision renders a partial grant of the benefits sought | The underlying appeal remains contested. New review rights are not warranted for the issue in question, or downstream issues such as evaluation and effective date. |
References: For more information on
- the definition of a full grant, for appeals of evaluations in addition to appeals for SC, see M21-5, Chapter 7, Section A.1.h
- the definition of a partial grant of an appellate issue, see M21-5, Chapter 7, Section A.1.i
- the definition of a downstream issue, see M21-5, Chapter 7, Section A.1.f
- timely NODs, see M21-5, Chapter 6, Section B.1.i and j, and
- appeal rights for newly decided issues, see DeHart v. McDonough, July 23, 2024, (21-6249).
7.D.2.i. Processing Issues Within the Scope of the Appeal
When completing decisions on appeals, appeal decision makers must address any issue within the scope of the appeal. The issue can be raised by lay statements, medical evidence, or as a logical and legal consequence of other VA decisions, such as increased evaluations. Send the appellant a VA Form 20-0998, Your Right to Seek Review Of Our Decision, with the decision notice on the within scope issue.
Example: The appeal decision maker is reviewing medical evidence in support of the appeal on the Veteran’s SC neurological disability and discovers that it now causes loss of use. The appeal decision must include a decision on any ancillary benefits to which the Veteran is entitled, such as SMC and auto grant.
References: For more information on
- within scope of a claim or appeal, see
- 38 CFR 3.155(d)(2)
- M21-1, Part V, Subpart ii, 3.A.1.c
- M21-5, Chapter 7, Section B.2.f-i, and
- M21-5, Chapter 7, Section E.3.a and b
- decision notices, see M21-1, Part VI, Subpart i, 1.B.1.b
- when to address ancillary benefits, see M21-1, Part V, Subpart ii, 3.A.2.a, and
- considering complications of an expressly claimed issue, see M21-1, Part V, Subpart ii, 3.A.1.a.
7.D.2.j. Addressing Potential Entitlement that Requires a Prescribed Form
When completing appeals decisions, appeal decision makers must recognize and solicit for benefits when entitlement is shown and a prescribed form is required to grant such benefits, if the prescribed form is not of record.
Example: Cause of death was previously denied. The subsequent appeal granted cause of death. The Veteran’s dependent was established prior to the Veteran's death. The now service-connected cause of death and a dependent on a previous award indicates potential entitlement to Dependency and Indemnity Compensation (DIC). Therefore, the appeals decision maker should solicit for a VA Form 21P-534, Application for DIC, Survivors Pension, and/or Accrued Benefits, with the notification letter.