What this means
m21-5:7.F.4 explains 7.f.4.a.. In plain terms, the official guidance says once the RO completes all steps of the certification process, the appellate record must be immediately transferred to the Board. It also addresses when a paper appellate record has been certified as ready for transfer to the Board, and the paper claims folder will not be sent for scanning, ROs must create a temporary paper claims folder containing copies of
How this may help with a claim
Use m21-5:7.F.4 to audit how VA handled 7.f.4.a.. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Once the RO completes all steps of the certification process, the appellate record must be immediately transferred to the Board. When a paper appellate record has been certified as ready for transfer to the Board, and the paper claims folder will not be sent for scanning, ROs must create a temporary paper claims folder containing copies of 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: 4. Transferring the Appellate Record to the Board
- Confirm that the record or notice addresses this source point: when to transfer the appellate record to the Board
- Document how this stated step or exception applies: receiving evidence prior to transferring the appellate record to the Board
Important limits
m21-5:7.F.4 explains VA guidance for 7.f.4.a.; 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: Once the RO completes all steps of the certification process, the appellate record must be immediately transferred to the Board. If a paper claims folder will be sent to the scanning vendors prior to the Board receiving the appeal, follow the steps in the table below.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- 7.F.4.a.
- m21-5:7.F.4
- Transferring Appellate Record Board
- when transfer appellate record
- receiving evidence prior transferring
- transfer paper appellate records
- preparing paper folders scanning
- transferring appellate record Board.
Original VA guidance
The official VA text of this section
4. Transferring the Appellate Record to the Board
Introduction
This topic contains information on transferring appeals to the Board, including
- when to transfer the appellate record to the Board
- receiving evidence prior to transferring the appellate record to the Board
- transfer of paper appellate records not being sent for scanning
- preparing paper folders for the scanning vendor when transferring the appellate record to the Board, and
- procedure for transferring the appellate record to the Board.
Change Date
July 18, 2024
7.F.4.a. When to Transfer the Appellate Record to the Board
Once the RO completes all steps of the certification process, the appellate record must be immediately transferred to the Board.
Important: When the appeal is pending a hearing with the Board
- complete the certification process, and
- transfer the appellate record to the Board
Reference: For more information on the certification process, see M21-5, Chapter 7, Section F.3.
7.F.4.b. Receiving Evidence Prior to Transferring the Appellate Record to the Board
If additional evidence is received after the appeal is certified, but before the appellate record is transferred to the Board, follow the procedures in M21-5, Chapter 7, Section E.2.a.
7.F.4.c. Transfer of Paper Appellate Records Not Being Sent for Scanning
When a paper appellate record has been certified as ready for transfer to the Board, and the paper claims folder will not be sent for scanning, ROs must create a temporary paper claims folder containing copies of
- VA Form 8
- the latest rating decision
- the latest award letter, and
- any other pertinent documents that may be needed to adjudicate any new or supplemental claims received while the claims folder is temporarily transferred to the Board.
Important: Do not create an additional volume of a claims folder in the Control of Veterans Records System (COVERS) while the original paper claims folder is temporarily located at the Board. Instead, create a temporary folder to house copies of the documents listed above. Document the temporary folder in COVERS, but designate it as a TEMP folder.
Note: Only file duplicative copies in the temporary folder. Any new evidence received, such as medical evidence, statements, forms appointing new representatives, etc. must be uploaded to VBMS and not kept solely in the temporary folder.
References: For information on
- COVERS folder operations, see the COVERS User Guide, and
- transferring FTI when scanning cannot be done, see M21-1, Part XIV, Chapter 4.B.2.l
7.F.4.d. Preparing Paper Folders for the Scanning Vendor When Transferring the Appellate Record to the Board
If a paper claims folder will be sent to the scanning vendors prior to the Board receiving the appeal, follow the steps in the table below.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Ensure all electronic documents generated by VA are uploaded into VBMS, including, but not limited to: VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, if applicable VA Form 21-22a, Appointment of Individual as Claimant’s Representative, if applicable NOD SOC SSOC(s) decision notices, and RO hearing transcripts. |
| 2 | Use the table below to ensure non-standard forms are properly identified and labeled. |
| 3 | Package all paper records received, including appeals-related mail maintained in a temporary file, and ship them to the scanning vendor. |
References: For more information on
- uploading electronic documents into VBMS, see the VBMS User Guide, and
- transferring FTI materials when scanning can be done, see M21-1, Part XIV, Chapter 4.B.2.k.
7.F.4.e. Procedure for Transferring the Appellate Record to the Board
The Board does not have a VBMS work queue, therefore it cannot accept permanent transfer out of a VBMS appeal. VACOLS must be used to transfer the appeal to the Board.
Follow the steps in the table below to transfer the appellate record to the Board when the case is certified as ready for Board review.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Validate all appropriate data are updated and accurate in VACOLS, to include: Veteran contact information POA for the appeal NOD date SOC date VA Form 9 date SSOC date(s), and certification date. |
| 2 | Ensure the proper selection is made in the SPECIAL INTEREST box on the DISPATCH tab by using the table below. I mportant: Do not simultaneously select the VBMS APPEAL and Virtual VA APPEAL checkboxes. |
| 3 | Is there an eFolder in VBMS? If yes, input the date of transfer to the Board in the ADV FILE SENT BVA field or REMAND RETURNED field on the DISPATCH tab in VACOLS ensure the VBMS APPEAL checkbox is selected in the SPECIAL INTEREST box on the DISPATCH tab, and proceed to Step 4. If no, proceed to Step 5. |
| 4 | Is there FTI involved? If yes, proceed to Step 7. If no, proceed to Step 8. |
| 5 | Will the folder be sent to the scanning vendor prior to the Board receiving it? If yes, proceed to Step 6. If no, proceed to Step 7. |
| 6 | Input the date of transfer to the scanning vendor in the ADV FILE SENT BVA field or REMAND RETURNED field on the DISPATCH tab in VACOLS. Select diary code VBMS SCANNING and place a two-week suspense date from the same day the file is shipped to the scanning vendor. Transfer the folder in COVERS to the scanning vendors. Proceed to Step 8. Reference: For more information on shipping folders to the scanning vendor, see M21-1, Part II, Subpart i, 1.B.4.b. |
| 7 | Input the date of transfer to the Board in the ADV FILE SENT BVA field or REMAND RETURNED field on the DISPATCH tab in VACOLS. Transfer the folder in COVERS to the Board. |
| 8 | Generate the File Certified to BVA letter in the Letter Creator to notify the appellant that the appeal has been certified and transferred to the Board. Send copies of the letter to the appellant their authorized representative, and other interested persons, if any. Ensure that a copy of the letter is associated with the claims folder. Notes: The use of locally-generated language for this notification is not authorized. If the appellant’s address is not known continue to forward the appeal to the Board, and send notice to the appellant at the last known address. |
| 9 | Clear the controlling end product (EP). Reference: For more information on appeal EPs, see M21-4, Appendix B. |