Claim Raven

M21-5 · Section 7.G.2

Finality of Board Decisions

M21-5 section 7.G.2. Official source text with a separately reviewed Claim Raven explanation when available.

Claim Raven wrote the explanation that follows. The original VA text appears below it, unchanged.

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What this means

m21-5:7.G.2 explains finality of board decisions. In plain terms, the official guidance says for information on how to determine the finality of Board decisions, see M21-1 Part X, Subpart ii, 1.A.1.e. It also addresses if the Board decision(s) involves more than one issue on appeal, the veteran or claimant must identify the specific issue(s) to which the motion pertains. Issues that are not specified in the motion will not be considered by the Board.

How this may help with a claim

Use m21-5:7.G.2 to audit how VA handled finality of board 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: For information on how to determine the finality of Board decisions, see M21-1 Part X, Subpart ii, 1.A.1.e. If the Board decision(s) involves more than one issue on appeal, the veteran or claimant must identify the specific issue(s) to which the motion pertains. 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: For information on how to determine the finality of Board decisions, see M21-1 Part X, Subpart ii, 1.A.1.e.
  • Confirm that the record or notice addresses this source point: An appellant must file a notice of appeal (NOA) in writing with the Clerk of the Court prior to the expiration of the 120-day time limit unless the appellant:
  • Document how this stated step or exception applies: CAVC decides if an NOA was timely filed.

Important limits

m21-5:7.G.2 explains VA guidance for finality of board 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: For information on how to determine the finality of Board decisions, see M21-1 Part X, Subpart ii, 1.A.1.e. The law permits appellants to submit documents disagreeing with Board decisions. Examples of documents expressing disagreement include

Search terms when useful

Phrases that may help when searching your claim file or this library.

  • Finality of Board Decisions
  • m21-5:7.G.2
  • Finality Board Decisions
  • Disagreements Board Decisions
  • appealing Board decisions
  • requirements Board decision
  • filing Board
  • identifying documents that disagree

Original VA guidance

The official VA text of this section

2. Disagreements With Board Decisions

Introduction

This topic contains information on handling disagreements with Board decisions, including

  • finality of Board decisions
  • appealing Board decisions
  • requirements for an MFR of a Board decision
  • filing an MFR with the Board
  • identifying documents that disagree with Board decisions, and
  • handling documents disagreeing with Board decisions.

Change Date

January 3, 2025

7.G.2. a. Finality of Board Decisions

For information on how to determine the finality of Board decisions, see M21-1 Part X, Subpart ii, 1.A.1.e.

7.G.2. b. Appealing Board Decisions

Under 38 U.S.C. 7266, an individual is allowed 120 days to appeal a final decision made by the Board to the Court of Appeals for Veterans Claims (CAVC).

An appellant must file a notice of appeal (NOA) in writing with the Clerk of the Court prior to the expiration of the 120-day time limit unless the appellant:

  • furnishes good cause as to why the NOA cannot be filed timely, or
  • files an MFR with the Board.

Important: CAVC decides if an NOA was timely filed.

Reference: For more information on requirements of an MFR, see M21-5, Chapter 7, Section G, 2.c.

7.G.2. c. Requirements For an MFR of a Board Decision

An MFR of a Board decision must be in writing and must include

  • the name of the
  • Veteran, or
  • claimant or appellant (such as the Veteran’s survivor, legal guardian, or appointed fiduciary), if other than the Veteran
  • the applicable VA file number, and
  • date(s) of Board decision(s) to be reconsidered.

The motion must state clearly and specifically

  • the alleged obvious error(s) of fact or law in the decision, or
  • other appropriate basis for requesting reconsideration.

If the Board decision(s) involves more than one issue on appeal, the claimant must identify the specific issue(s) to which the motion pertains. Issues that are not specified in the motion will not be considered by the Board.

Important: The Board determines the adequacy of MFRs.

References: For more information on

  • requesting an MFR, see 38 CFR 20.1002, and
  • handling documents that disagree with Board decisions, see M21-5, Chapter 7, Section G, 2.f.

7.G.2. d. Filing an MFR With the Board

Appellants may suspend the NOA filing period by filing an MFR with the Board within 120 days of the date of its final decision. A new 120-day time limit for filing an NOA begins effective the date of the Board’s decision on the MFR.

It is imperative that the DROCs and ROs quickly identify possible MFRs and promptly forward them to the Board. Only the Board can act on an MFR, and CAVC will not consider an appeal while an MFR remains pending.

Notes:

  • Upon receipt of the documents, the Board will determine whether they are true MFRs or misfiled NOAs.
  • When handling NOAs and MFRs in a paper claims folder, DROCs and ROs must follow the special claims folder handling procedures in M21-5, Chapter 6, Section C.

7.G.2.e. Identifying Documents That Disagree With Board Decisions

The law permits appellants to submit documents disagreeing with Board decisions. Examples of documents expressing disagreement include

  • a VA Form 4597, Your Rights to Appeal our Decision
  • a NOA pursuant to 38 U.S.C. 7266
  • an MFR of a Board decision pursuant to 38 CFR 20.1002
  • a motion to vacate a Board decision pursuant to 38 CFR 20.1000, and
  • a motion to revise a Board decision based on CUE in the Board decision pursuant to 38 CFR 20.1404.

Important:

  • An MFR of a Board decision is not a claim; therefore, the motion does not need to be submitted to the Board on a prescribed form.
  • The Board decides whether the communication from a claimant is an acceptable MFR.

7.G.2.f. Handling Documents Disagreeing With Board Decisions

Although the Board provides clear instructions to appellants on how to file a document disagreeing with a Board decision, appellants often send these types of documents to VBA instead of the Board.

The table below shows the steps involved in handling documents that disagree with Board decisions.

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StepAction
1A claims processor reviews the possible MFR to ensure it is date-stamped, and hand carries the document with its corresponding claims and/or temporary folders (if available) to a Coach or designee for review. Note: If the possible MFR is associated with an electronic claims folder (eFolder), the claims processor must annotate the document in VBMS and notify the Coach or designee. Reference: For more information on annotating a document in VBMS, see the VBMS User Guide.
2The Coach or designee reviews VACOLS to determine the action needed. Use the table below to determine the next appropriate action. Note: If neither of the above applies, the Coach will route the document and claims folder to the next appropriate activity.
3If the Board has rendered a final decision on any appeal, the claims processor prepares the Disagreement with BVA Decision letter from the Letter Creator, or equivalent letter from the Personal Computer Generated Letters (PCGL) associates a copy of the letter in the claims folder or temporary folder, as appropriate mails the letter to the appellant and representative, if any, and uses the table below to process the correspondence. References: For more information on the Letter Creator, see the Letter Creator User Guide PCGL, see PCGL User Guide, and annotating a document in VBMS, see the VBMS User Guide.
4If the Board has never rendered a decision on any appeal, but there is an appeal pending, the claims processor reviews the submitted document for necessary action telephones or otherwise contacts the appellant and/or the appellant’s representative and asks for any necessary clarification routes claims, evidence, or arguments concerning issues not currently on appeal to the next appropriate activity, and follows the table below to process the correspondence.

Not legal or medical advice: The M21 manuals are VA operational guidance for staff. They do not override laws, regulations, or court decisions. Claim Raven is not an official VA application and is not affiliated with the U.S. Department of Veterans Affairs.