M21-5 · Section resources

M21-5, Appeals and Reviews, Resources

M21-5 section resources. 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.

What this means

m21-5:resources explains m21-5, appeals and reviews, resources. In plain terms, the official guidance says publication — Description; Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act, or AMA) — Statutory authority to revise the VA disability claims appeals system.; It also addresses agent/Attorney Fee Calculator — VBMS-A worksheet to calculate the amount of past-due benefits awarded and fee amount to be made available for attorney/agent payment, including applicable VA assessment.

How this may help with a claim

Use m21-5:resources to audit how VA handled m21-5, appeals and reviews, resources. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Publication — Description; Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act, or AMA) — Statutory authority to revise the VA disability claims appeals system.; Agent/Attorney Fee Calculator — VBMS-A worksheet to calculate the amount of past-due benefits awarded and fee amount to be made available for attorney/agent payment, including applicable VA assessment. 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: Publication — Description; AMO Letter 17-01: Social Industrial Survey Development Actions — Letter to clarify procedures for the development and return of Board of Veterans’ Appeals (Board) remands based on the Board’s request for a social industrial survey in an appeal for total disability based upon individual unemployability (IU).
  • Confirm that the record or notice addresses this source point: AMO Letter 19-01: Sensitive Record Access Levels for Decision Review Operations Center Employees — Letter to establish authorized levels of sensitive records access for employees under OAR’s jurisdiction.
  • Document how this stated step or exception applies: Resource — Description; Agent/Attorney Fee Calculator — VBMS-A worksheet to calculate the amount of past-due benefits awarded and fee amount to be made available for attorney/agent payment, including applicable VA assessment.;

Important limits

m21-5:resources explains VA guidance for m21-5, appeals and reviews, resources; 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: Publication — Description; Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act, or AMA) — Statutory authority to revise the VA disability claims appeals system.; Caseflow Intake Job Aid: Search Functionality — Job Aid that explains search functionality within Caseflow.

Search terms when useful

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

  • M21-5, Appeals and Reviews, Resources
  • m21-5:resources
  • M21-5 Appeals Reviews
  • Resources
  • Appeals Modernization Resources
  • Publication Description Appeals Improvement
  • Appeals Improvement Modernization 2017
  • Claims Appeals Modernization Final

Original VA guidance

The official VA text of this section

Resources

Appeals Modernization Act (AMA) Resources

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PublicationDescription
Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act, or AMA)Statutory authority to revise the VA disability claims appeals system.
VA Claims and Appeals Modernization Final Regulation (AQ26)Final rule published in the Federal Register, implementing the AMA.
Notification of AMA Effective DateNotice provided by VA that the effective date of AMA is February 19, 2019.
Congressionally Mandated ReportsPeriodic progress reports on VA’s processing of legacy appeals and implementing the new appeals system.

Office of Administrative Review (OAR) Resources

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ResourceDescription
OAR Program Administration IntranetIntranet landing page for OAR’s Program Administration staff, including policy and procedures, training, communications, quality assurance, and site visits.

OAR Letters

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PublicationDescription
AMO Letter 17-01: Social Industrial Survey Development ActionsLetter to clarify procedures for the development and return of Board of Veterans’ Appeals (Board) remands based on the Board’s request for a social industrial survey in an appeal for total disability based upon individual unemployability (IU). As of August 8, 2017, VBA will not order Social Industrial Surveys.
AMO Letter 18-01: Rapid Appeals Modernization Program (RAMP)Letter explains the Veterans Benefits Administration (VBA) initiative known as the Rapid Appeals Modernization Program (RAMP) that VA implemented as part of appeals modernization under Public Law 115-55. This policy letter was rescinded due to the publication of the discontinuation of RAMP in the Federal Register on October 18, 2022.
AMO Letter 19-01: Sensitive Record Access Levels for Decision Review Operations Center EmployeesLetter to establish authorized levels of sensitive records access for employees under OAR’s jurisdiction.
AMO Letter 19-02: Processing of Procopio Board GrantsLetter provides procedural guidance on effectuating Board decisions issued prior to July 1, 2019, that concede herbicide exposure under the Procopio v. Wilke court decision. This policy letter was rescinded on October 4, 2024 because the Veterans Benefits Administration M21-1, Adjudication Procedures Manual was previously revised to implement Public Law 2116-23.
AMO Letter 19- 03: Establishment of M21-5, Appeals and ReviewsLetter announces a new manual, M21-5, which will house all materials and procedures under the jurisdiction of OAR.
AMO Letter 19-04: Higher Level Reviews and Subsequent DeferralsLetter provides guidance to identify and report a defect in VBMS-A that prevents the clearing of end products with a concurrent deferred issue on another end product. This letter was rescinded on October 9, 2019 because the intended VBMS functionality was successfully deployed on October 6, 2019.
OAR Letter 21-01: Decision Review Operations Center (DROC) Structure and Implementation of Standard Operating ProceduresLetter provides guidance to establish and standardize an organizational structure for DROCs and document guidance for best practices for creating and organizing a new DROC. This letter was rescinded on October 4, 2024 because DROCs have been established and the information is now outdated.

Agent and Attorney Fee Processing Resources

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ResourceDescription
Agent/Attorney Fee CalculatorVBMS-A worksheet to calculate the amount of past-due benefits awarded and fee amount to be made available for attorney/agent payment, including applicable VA assessment.
Legacy Agent/Attorney Fee CalculatorLegacy worksheet to calculate the amount of past-due benefits awarded and fee amount to be made available for attorney/agent payment, including applicable VA assessment.
Fee Release MemorandumMemorandum used by agent and attorney fee coordinators (AAFC) to request finance activity to release funds to the claimant and/or attorney/agent in accordance with the decision made on fee eligibility.
Interim Procedures for AEWs on Agent/Attorney Fee CasesInterim guidance AAFCs should follow when an Audit Error Worksheet (AEW) is received after fees have been paid to an attorney or claims agent.
VA-Accreditation SearchWebsite to search VA-accredited attorneys, claims agents, or Veterans Service Organizations (VSO) representatives.
Pending Fiduciary Withholding CalculatorWorksheet to calculate the amount of retroactive funds to be withheld when direct payment of fees is potentially allowable and there is a proposal of incompetency.
VBMS-A Summary of Case Fee Decision Notice Job AidProvides guidance on how to create and send the Summary of Case Fee Decision Notice in VBMS-A.

VBA Resources

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ResourceDescription
Rating Job AidsProvides a link to helpful references and resources for claims processors adjudicating claims.

VBA Letters

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ResourceDescription
VBA Letter 20-17-02: Realignment of Appeals Policy and Operational Control to the Appeals Management OfficeLetter that provides guidance on the realignment of appeals policy and operational control to OAR.
VBA Letter 20-18-05: Decision Review Operations CentersLetter that establishes three Decision Review Operations Centers under the operational control of OAR.

Systems Resources

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PublicationDescription
Caseflow Intake: Extension Requests due to COVID-19Job Aid outlines the steps in Caseflow Intake to accept and document extension requests for filing deadlines for higher-level reviews and supplemental claims due to COVID-19 global pandemic.
Caseflow Intake: Supplemental Claims filed within One Year of a Court DecisionsJob aid provides guidance for supplemental claims filed within one year of a Court of Veterans Appeals for Veterans claims, Federal Circuit, or Supreme Court decision.
Caseflow Intake- Compensation & Pension Training GuideTraining guide on processing claims with the web-based application Caseflow Intake.
Caseflow Intake Job Aid: Search FunctionalityJob Aid that explains search functionality within Caseflow.
Caseflow Intake Job Aid: Identify Status of AMA ClaimJob Aid that explains how to identify a pending AMA claim and status in Caseflow.
Caseflow Intake Job Aid: Identify Status of Board AppealJob Aid that explains how to identify the jurisdiction of the Board, and relevant information.
Adding and Removing Contentions in Caseflow Job AidJob Aid that assists with adding and removing contentions in Caseflow.
VBMS User GuidesLink to multiple VBMS user guides, including: VBMS Core, VBMS Awards, VBMS Rating, and VBMS User Roles.
VBMS AMA Job AidsList of available Job Aids for AMA claims in VBMS.
VBMS-Awards: Non-Rating Contention Disposition Job AidJob Aid that outlines the process to document non-rating decision dispositions in VBMS- Awards.
VBMS-Rating: Favorable Findings Job AidJob Aid that outlines the process to document favorable findings in VBMS-Rating.
VBMS- Rating: Higher-Level Review Dispositions and Returns Job AidJob Aid that outlines the process to document dispositions of AMA HLR claims in VBMS- Rating.
VBMS-Rating: Supplemental Claim Dispositions Job AidJob Aid that outlines the process to document dispositions of AMA supplemental claims in VBMS- Rating.
VBMS-Rating: Reference Laws and Regulations Job AidJob Aid that outlines the process to correctly identify and document reference laws and regulations in VBMS- Rating.

Helpful Websites

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PublicationDescription
VBA Learning CatalogVBA catalog that allows the search of all VBA training items, including AMA-related curricula.
Electronic Code of Federal Regulations (CFR)Website that compiles CFR material and Federal Register amendments produced by the National Archives, Office of the Federal Register, and the Government Publishing Office.
The Board of Veterans’ AppealsWebsite for the Board of Veterans’ Appeals
United States Court of Appeals for Veterans ClaimsWebsite for the United States Court of Appeals for Veterans Claims
United States Court of Appeals for the Federal CircuitWebsite for the United States Court of Appeals for the Federal Circuit