What this means
m21-5:7.F.6 explains reasons for advancing a case on the board docket. In plain terms, the official guidance says generally, the Board considers cases in the order of their placement on the docket. However, 38 U.S.C. 7107 allows a case to advance on the docket for good cause. It also addresses status as a former prisoner of war, by itself, is not a sufficient cause for requesting an advance on the docket.
How this may help with a claim
Use m21-5:7.F.6 to audit how VA handled reasons for advancing a case on the board docket. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Generally, the Board considers cases in the order of their placement on the docket. However, 38 U.S.C. Status as a former prisoner of war, by itself, is not a sufficient cause for requesting an advance on the docket. 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: matters concerning an interpretation of a law that, when generally applied, may affect the claims of other Veterans and/or their dependents.
- Confirm that the record or notice addresses this source point: When an appellant or representative requests an advance on the Board docket, the DROCM, VSCM, or PMCM should follow the steps in the table below.
- Document how this stated step or exception applies: If the advance on docket request is received... — Then...; prior to certification of the appeal to the Board — review the request for good cause based on the provisions of M21-5, Chapter 7, Section F.6.a decide whether expeditious treatment and certification to the Board is warranted, and if the appeal should be expedited for certification to the Board, then arrange for expeditious processing and certification of the appeal prepare a letter to the Chairman of the Board requesting an advance on the docket, and attach the appellant’s motion to the letter.;
Important limits
m21-5:7.F.6 explains VA guidance for reasons for advancing a case on the board docket; 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: Generally, the Board considers cases in the order of their placement on the docket. However, 38 U.S.C. The letter to the Chairman of the Board should briefly reference the motion to advance. Do not include a detailed explanation of the reasons for the request.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Reasons for Advancing a Case on the Board Docket
- m21-5:7.F.6
- Reasons Advancing Case
- Board Docket
- Advancing Case Board Docket
- reasons advancing case Board
- processing advanced motion appellant
- forwarding advanced motion appellant
Original VA guidance
The official VA text of this section
6. Advancing a Case on the Board Docket
Introduction
This topic contains information on advancing a case on the Board docket, including
- reasons for advancing a case on the Board docket
- processing an advanced motion from an appellant or representative, and
- forwarding the advanced motion from the appellant or representative.
Change Date
May 27, 2022
7.F.6.a. Reasons for Advancing a Case on the Board Docket
Generally, the Board considers cases in the order of their placement on the docket. However, 38 U.S.C. 7107 allows a case to advance on the docket for good cause.
In this situation, good cause includes, but is not limited to
- an appellant’s
- serious illness
- advanced age
- extreme financial hardship, and/or
- administrative error
- matters concerning an interpretation of a law that, when generally applied, may affect the claims of other Veterans and/or their dependents.
Important: The Board determines whether good cause exists to warrant advancing a case on the docket.
Note: Status as a former prisoner of war, by itself, is not a sufficient cause for requesting an advance on the docket.
Reference: For more information on grounds for advancing a case on the Board docket, see 38 CFR 20.902(c).
7.F.6.b. Processing an Advanced Motion From an Appellant or Representative
When an appellant or representative requests an advance on the Board docket, the DROCM, VSCM, or PMCM should follow the steps in the table below.
Scroll sideways to see the full table.
| If the advance on docket request is received... | Then... |
|---|---|
| prior to certification of the appeal to the Board | review the request for good cause based on the provisions of M21-5, Chapter 7, Section F.6.a decide whether expeditious treatment and certification to the Board is warranted, and if the appeal should be expedited for certification to the Board, then arrange for expeditious processing and certification of the appeal prepare a letter to the Chairman of the Board requesting an advance on the docket, and attach the appellant’s motion to the letter. |
| after certification of the appeal to the Board | follow the procedures in M21-5, Chapter 7, Section F.5.a for processing mail received after certification of the appeal. |
Important: The letter to the Chairman of the Board should briefly reference the motion to advance. Do not include a detailed explanation of the reasons for the request.
Reference: For more information on certification of an appeal to the Board, see M21-5, Chapter 7, Section F.3.
7.F.6.c. Forwarding an Advanced Motion From an Appellant or Representative
Use the table below to forward the motion to the Board when the appellant or representative requests earlier consideration by the Board.
Scroll sideways to see the full table.
| If the appeal is… | Then… |
|---|---|
| in VBMS, or paper and in Board custody | follow the procedures for processing mail for appeals in M21-5, Chapter 7, Section F.5.a. |
| paper and not in Board custody, regardless of jurisdictional authority | photocopy the motion annotate the motion document as Copy to BVA initial and date the annotation return the claims folder to the appropriate activity, and follow the procedures for processing mail for appeals in M21-5, Chapter 7, Section F.5.a. |