What this means
m21-5:7.J.1 explains avoidance of undue delay. In plain terms, the official guidance says despite the fact that an individual's appeal is before the Court of Appeals for Veterans Claims (CAVC), VA must place any newly received, unrelated claim under control and process it as quickly as possible. It also addresses the table below describes the process that Litigation Staff follows to obtain and return the claims folder from the regional office of jurisdiction (ROJ) when an appeal to CAVC is filed.
How this may help with a claim
Use m21-5:7.J.1 to audit how VA handled avoidance of undue delay. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Despite the fact that an individual's appeal is before the Court of Appeals for Veterans Claims (CAVC), VA must place any newly received, unrelated claim under control and process it as quickly as possible. The table below describes the process that Litigation Staff follows to obtain and return the claims folder from the regional office of jurisdiction (ROJ) when an appeal to CAVC is filed. 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: related to an issue before CAVC, and
- Confirm that the record or notice addresses this source point: unrelated to an issue before CAVC, and
- Document how this stated step or exception applies: handling supplemental service treatment records (STRs) pertinent to an appeal before CAVC.
Important limits
m21-5:7.J.1 explains VA guidance for avoidance of undue delay; 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: Despite the fact that an individual's appeal is before the Court of Appeals for Veterans Claims (CAVC), VA must place any newly received, unrelated claim under control and process it as quickly as possible. Upon receipt of a claim unrelated to an issue before CAVC after the claims folder has been forwarded to the Litigation Staff, process the claim as expeditiously as possible.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Avoidance of Undue Delay
- m21-5:7.J.1
- Avoidance Undue Delay
- Claims Received Folders U.S.
- determining issues under appeal
- process CAVC Litigation Staff
- handling claims
- related issue before CAVC
Original VA guidance
The official VA text of this section
1. Claims Received With Folders at the U.S. Court of Appeals for Veterans Claims (CAVC)
Introduction
This topic contains information on claims received while the claims folder awaits processing by the Court of Appeals for Veterans Center (CAVC), including
- avoidance of undue delay
- determining issues under appeal
- the process of the CAVC Litigation Staff for obtaining and returning a claims folder from the regional office of jurisdiction (ROJ)
- handling claims
- related to an issue before CAVC, and
- unrelated to an issue before CAVC, and
- handling supplemental service treatment records (STRs) pertinent to an appeal before CAVC.
Change Date
July 23, 2024
7.J.1.a. Avoidance of Undue Delay
Despite the fact that an individual's appeal is before the Court of Appeals for Veterans Claims (CAVC), VA must place any newly received, unrelated claim under control and process it as quickly as possible.
References: For more information on
- handling claims unrelated to an issue before CAVC, see M21-5, Chapter 7, Section J.1.e, and
- CAVC’s holdings on expeditious handling of claims, see
- Ebert v. Brown, 4 Vet.App. 434 (1993)
- Pousson v. Shinseki, 22 Vet.App. 432 (2009), and
- Harvey (Cleveland D.) v. Shinseki, 24 Vet.App. (Jan. 25, 2011).
7.J.1.b. Determining Issues Under Appeal
If there is uncertainty about whether the claim relates to the issue under appeal, call the Office of the General Counsel (OGC), CAVC Litigation Staff, at (202) 632-7143.
7.J.1.c. The Process of the CAVC Litigation Staff for Obtaining and Returning a Claims Folder from the Regional Office of Jurisdiction (ROJ)
The table below describes the process that Litigation Staff follows to obtain and return the claims folder from the regional office of jurisdiction (ROJ) when an appeal to CAVC is filed.
Scroll sideways to see the full table.
| Step | Description |
|---|---|
| 1 | CAVC issues an order directing the Litigation Staff to provide a copy of the claims folder to the appellant within 60 days. |
| 2 | The Litigation Staff sends an e-mail request for the claims folder to the Decision Review Operations Center in Washington, DC (DROC DC). |
| 3 | DROC DC coordinates with the regional office (RO), Board of Veterans’ Appeals (Board), or Veterans Health Administration (VHA) facility, as appropriate, to promptly transfer the claims folder to the Litigation Staff. |
| 4 | If a paper claims folder exists, the Litigation Staff ships it to a scanning vendor, who scans the entire folder, and returns an electronic copy. If an electronic claims folder (e-folder) exists, the Litigation Staff will obtain copies of the records directly from the Veterans Benefits Management System (VBMS) and/or Legacy Content Manager (LCM). Note: In most cases, the Litigation Staff receives the claims folder back from the scanning vendor within 30 days after scanning is complete. |
| 5 | The Litigation Staff promptly returns the claims folder to the ROJ, unless DROC DC or the Board needs it to process a remand. Note: The Litigation Staff does not wait for CAVC to issue its decision before transferring the claims folder back to the RO, Board, or DROC DC. |
7.J.1.d. Handling Claims Related to an Issue Before CAVC
Upon receipt of a claim related to an issue before CAVC after the claims folder has been forwarded to the Litigation Staff
- do not process the claim
- acknowledge receipt of the material
- file it in the temporary claims folder, and
- notify the Litigation Staff that material related to the appeal before CAVC
- has been received, and
- is being maintained at the RO.
7.J.1.e. Handling Claims Unrelated to an Issue Before CAVC
Upon receipt of a claim unrelated to an issue before CAVC after the claims folder has been forwarded to the Litigation Staff, process the claim as expeditiously as possible.
The table below describes the process for obtaining the claims folder from the Litigation Staff if the claims folder is needed to process the claim.
Scroll sideways to see the full table.
| Step | Description |
|---|---|
| 1 | The development activity determines if the claim can be processed based on the information in the temporary claims folder. If yes, the development activity processes the claim. If no, go to step 2. |
| 2 | The development activity requests the return of the claims folder by faxing a request to the CAVC Litigation Staff at (202) 632-7122. The faxed request should include the claimant’s name claim number, and reason for requesting the claims folder. |
| 3 | The attorney to whom the case is assigned determines whether the claims folder may be returned to the RO immediately. If yes, the attorney determines whether the claims folder must subsequently be returned to the Litigation Staff, and returns the claims folder to the RO. If no, go to step 4. |
| 4 | The attorney either advises the development activity of the reason for delay, and date the claims folder will be available, or contacts the RO development activity to discuss the matter and determine the best course of action to take, such as faxing copies of necessary documents to the RO. Note: If the attorney advises the RO development activity that the return of the claims folder is delayed, the RO may request the specific information from the claims folder needed to process the claim. |
7.J.1.f. Handling Supplemental Service Treatment Records (STRs) Pertinent to an Appeal Before CAVC
Upon receipt of supplemental service treatment records (STRs) that are pertinent to an appeal pending before CAVC, the DROC Manager (DROCM), Pension Management Center Manager (PMCM), or other designee at the RO will contact OAR Program Administration at oaradmin.vbawas@va.gov.