7.F.5.a.

5. Receiving Evidence and Changes after Certification and Transfer

Introduction

This topic contains information on receiving evidence and changes after certification and transfer, including

• processing mail received after transfer of the appellate record
• receiving unrelated claims after certification and transfer
• requesting temporary return of the paper claims folder
• receiving a change of address after certification and transfer
• guidelines for changing representation after certification and transfer
• receiving a change in representation after certification and transfer
• guidelines for requesting a hearing after certification and transfer, and
• receiving a request for a hearing after certification and transfer.

Change Date

July 18, 2024

7.F.5.a. Processing Mail Received After Transfer of the Appellate Record

Evidence pertaining to the appeal received after certification of the appeal and transfer of the appellate record, must be sent directly to the Board.

Use the table below when mail is received after transfer of the appellate record to the Board.

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I mportant: These procedures apply (even if the Board no longer has the claims folder or jurisdiction of the appeal) to all appeals

• which have been certified and transferred to the Board appearing in either advance (ADV) or active (ACT) status in VACOLS
• with advance on docket (AOD) motions, and
• with a status of history (HIS), but the mail or evidence received indicates a motion for
• reconsideration by the Board, or
• clear and unmistakable error regarding the Board decision.

Note: Do not maintain new evidence in temporary folders when the claims folder is under jurisdiction of the Board. Package and ship all new evidence received and temporary folders for scanning into VBMS.

7.F.5.b. Receiving Unrelated Claims After Certification and Transfer

If the RO receives an unrelated claim while the appellant’s claims folder is before the Board

• place the claim under control, and
• act on it as soon as possible.

Note: CAVC has stated that undue delay on new claims will not be tolerated.

References: For more information on

• processing unrelated claims, see
• M21-1, Part II, Subpart i, 2.A.5.d, and
• Ebert v. Brown, 4 Vet.App. 434 (1993), and
• inextricably intertwined claims, see M21-5, Chapter 7, Section A.1.g.

7.F.5.c. Requesting Temporary Return of the Paper Claims Folder

When VA receives unrelated evidence, and the paper claims folder is essential to adjudication of a claim unrelated to the appeal issue

• submit a request for temporary transfer of the paper claims folder to the BVA File Transfer mailbox (identified in Outlook as “BVA File Transfer” or bva.Filetransfer@va.gov, and
• furnish
• the appellant’s name
• the appellant’s claim number
• the reason for requesting the claims folder, and
• a point of contact to whom the paper claims folder should be sent.

Result: The Board determines whether the paper claims folder can be returned to the RO. If the Board cannot return the paper claims folder immediately, it will indicate the anticipated date of return.

Note: The Board may temporarily transfer a paper claims folder to the RO for 21 days to process a pending claim unrelated to the issue(s) on appeal. If mitigating circumstances prevent a paper claims folder from being returned to the Board within this time frame, submit an extension request to the BVA File Transfer Mailbox.

7.F.5.d. Receiving a Change of Address After Certification and Transfer

If a change of address is received after certification or transfer, ensure the address is updated in the electronic claims system and VACOLS.

References: For more information on updating the appellant’s address in

• VA’s electronic systems, see M21-1, Part II, Subpart iii, 3.B.1.b, and
• VACOLS, see the VACOLS User’s Guide, Part 2.

7.F.5.e. Guidelines for Changing Representation After Certification and Transfer

An appellant may submit a request for a change in representation

• within 90 days from the mailing of notice that an appeal has been certified to the Board, or
• until the date the appellate decision is made by the Board, whichever comes first.

After this time period, the Board may permit a change in representation for good cause.

Important: The Board will determine if the request to change representatives can be accepted.

Reference: For more information on requests for change in representation, see 38 CFR 20.1304.

7.F.5.f. Receiving a Change in Representation After Certification and Transfer

If the RO receives notice of the appointment by the appellant of a new representative after certification and transfer of the appeal to the Board, send the request for a change in representation directly to the Board.

Note: If the Board approves the change in representation, the RO must

• update the appropriate electronic systems to reflect the new power of attorney code, and
• upload a copy to the eFolder or keep a photocopy for the drop file pending return of the paper claims folder, if applicable.

References: For more information on

• receiving a change in representation after certification and transfer, see 38 CFR 20.1304, and
• updating the representative in electronic systems, see
• M21-1, Part I, Subpart i, 2.B.1.g, and
• VACOLS User’s Guide, Part 2.

7.F.5.g. Guidelines for Requesting a Hearing After Certification and Transfer

An appellant may submit a request for a hearing on an appeal

• within 90 days from the mailing of notice that an appeal has been certified and transferred to the Board, or
• until the date the appellate decision is established by the Board, whichever comes first.

Note: The Board will determine if a hearing can be scheduled.

Reference: For more information on guidelines for requesting a hearing after certification and transfer, see 38 CFR 20.1305.

7.F.5.h. Receiving a Request for a Hearing After Certification and Transfer

Follow the instructions in the table below to forward requests for hearings to the Board after certification of an appeal.

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Reference: For more information on receiving a request for a hearing after certification and transfer, see 38 CFR 20.1305.