What this means
m21-5:7.E.2 explains processing additional evidence submitted with or after a substantive appeal is filed. In plain terms, the official guidance says use the table below to determine how to process an appeal when the appellant or representative submits additional evidence with or after the substantive appeal is filed. It also addresses once the Board assumes jurisdiction over an appeal, it is responsible for reviewing any additional evidence submitted by the appellant or representative.
How this may help with a claim
Use m21-5:7.E.2 to audit how VA handled processing additional evidence submitted with or after a substantive appeal is filed. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Use the table below to determine how to process an appeal when the appellant or representative submits additional evidence with or after the substantive appeal is filed. Once the Board assumes jurisdiction over an appeal, it is responsible for reviewing any additional evidence submitted by the appellant or representative. 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: processing additional evidence submitted with or after a substantive appeal is filed
- Confirm that the record or notice addresses this source point: 7.E.2.a. Processing Additional Evidence Submitted With or After a Substantive Appeal Is Filed
- Document how this stated step or exception applies: Use the table below to determine how to process an appeal when the appellant or representative submits additional evidence with or after the substantive appeal is filed.
Important limits
m21-5:7.E.2 explains VA guidance for processing additional evidence submitted with or after a substantive appeal is filed; 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: Use the table below to determine how to process an appeal when the appellant or representative submits additional evidence with or after the substantive appeal is filed. If it appears VA Form 9 has been altered in an attempt to request a hearing at the RO, write or call the appellant to clarify whether the RO hearing is requested
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Processing Additional Evidence Submitted With or After a Substantive Appeal Is Filed
- m21-5:7.E.2
- Processing Additional Evidence
- Submitted After Substantive
- Processing Substantive Appeal
- processing additional evidence submitted
- processing SSOC sent correct
- appellant right hearing
Original VA guidance
The official VA text of this section
2. Processing a Substantive Appeal
Introduction
This topic contains information on processing a substantive appeal, including
- processing additional evidence submitted with or after a substantive appeal is filed
- processing an SOC/SSOC not sent to the correct address
- appellant’s right to a hearing, and
- request for
- RO hearings, and
- medical examinations.
Change Date
July 9, 2024
7.E.2.a. Processing Additional Evidence Submitted With or After a Substantive Appeal Is Filed
Use the table below to determine how to process an appeal when the appellant or representative submits additional evidence with or after the substantive appeal is filed.
Important:
- These procedures apply to substantive appeals filed on or after February 2, 2013.
- Conduct at least a cursory review of evidence received in association with the substantive appeal to determine whether the evidence, on its face, requires development to prevent unnecessary remand.
Scroll sideways to see the full table.
| If... | Then... |
|---|---|
| the evidence does not require further development, and there is no written request for RO review of the evidence | associate the evidence with the claims folder, and immediately certify the appeal, and transfer jurisdiction to the Board. Important: Do not complete a SSOC based on the additional evidence. |
| the evidence does not require further development there is no written request for RO review of the evidence, and the RO has erroneously undertaken development for additional evidence | complete all necessary development actions using current procedures, and issue a new decision and notify the appellant using current procedures (rating decision and/or SSOC). |
| the evidence indicates on its face that further development is necessary, and there is no written request for agency of original jurisdiction (AOJ) review Example: The appellant submits a completed VA Form 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs, identifying relevant private medical evidence not of record or identifying relevant treatment records from a Department of Veterans Affairs (VA) medical facility. | complete all necessary development actions using current procedures, and issue a new decision and notify the appellant using current procedures (rating decision and/or SSOC). Important: If AOJ review has not been requested in writing, the 30-day response time to an SSOC does not preclude VA from certifying the appeal, and immediately transferring jurisdiction to the Board. |
| the appellant or representative submits a written request for AOJ review of the evidence in one or more issues on appeal | review the evidence and complete all necessary development actions using current procedures, and issue a new decision and notify the claimant using current procedures (rating and/or SSOC). Important: If AOJ review has been requested in writing, VA must wait 30 days for the claimant to respond to the SSOC before initiating the appeal certification process. |
Important: Once the Board assumes jurisdiction over an appeal, it is responsible for reviewing any additional evidence submitted by the appellant or representative.
References: For more information on
- issuing an appeal decision, see M21-5, Chapter 7, Section D
- handling mail after transfer of an appeal to the Board, see M21-5, Chapter 7, Section F.5.a
- certifying appeals, see M21-5, Chapter 7, Section F.3, and
- transferring appeals to the Board, see M21-5, Chapter 7, Section F.4
7.E.2.b. Processing an SOC/SSOC Not Sent to the Correct Address
If an SOC or SSOC was sent to the incorrect address
- ensure the appellant’s address is correct in all systems
- resend the SOC or SSOC to the correct address, and
- enter the date the SOC or SSOC was sent to the correct address into VACOLS in the SOC or SSOCs field, as appropriate.
References: For more information on
- substantive appeal time limit, see M21-5, Chapter 6, Section B.3.c
- reactivating a VACOLS record, see M21-5, Chapter 6, Section B.4.b, and
- updating the appellant’s address in
- VBMS, see M21-1, Part II, Subpart iii, 3.B.1.a, and
- VACOLS, see the VACOLS User’s Guide, Part 2.
7.E.2.c. Appellant’s Right to a Hearing
An appellant, or representative, may request a hearing
- locally, before a Decision Review Officer (DRO) at the station of jurisdiction (SOJ)
- before the traveling section of the Board
- at the Board in Washington, DC, or
- via a videoconference between the RO and the Board in Washington, DC.
Note: VA cannot reimburse an appellant for any expenses incurred to attend a hearing, such as travel costs.
References: For more information on
- informal conferences, see M21-5, Chapter 7, Section C.5
- formal hearings, see M21-1, Part X, Subpart v, Chapter 1.D.1.a, and
- Board hearings, see M21-5, Chapter 7, Section H
7.E.2.d. Request for RO Hearings
If it appears VA Form 9 has been altered in an attempt to request a hearing at the RO, write or call the appellant to clarify whether the RO hearing is requested
- in addition to the Board hearing, or
- in place of the Board hearing.
Note: Document the results of any telephone conversation on a VA Form 27-0820.
7.E.2.e. Request for Medical Examinations
Do not
- request medical examinations solely because an appeal is pending, or
- defer action on an appeal pending the completion of any scheduled medical examination unless the examination is
- related to the issue under appeal, or
- necessary to properly decide the claim.