Overview
In This Section |
This section contains the following topics:
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1. Special Handling of Claims Folders After a BVA Decision
Introduction |
This topic contains information on the special handling of claims folders after a BVA decision, including
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Change Date |
August 17, 2018
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III.ii.4.I.1.a. General Policy on the Handling of Claims Folders After a BVA Decision |
Special procedures exist for the handling of paper claims folders containing a decision by the Board of Veterans’ Appeals (BVA) that meets the criteria for review by the Court of Appeals for Veteran Claims (CAVC).
Note: Whenever possible, send paper claims folders to the scanning vendor for conversion into an electronic claims folder (eFolder).
Reference: For more information on
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III.ii.4.I.1.b. Effect of the Veterans Judicial Review Act |
The Veterans Judicial Review Act, Public Law 100-687, enacted into law on November 18, 1988,
BVA decisions resulting from a notice of disagreement filed on or after November 18, 1988, are subject to review by CAVC.
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III.ii.4.I.1.c. Special-Handling Period After a BVA Decision |
In accordance with 38 U.S.C. 7266, appeals of BVA decisions must be filed directly with CAVC within 120 days of an adverse BVA decision.
Prior to the expiration of this appeal period, the Department of Veterans Affairs (VA) requires special handling of the paper claims folder in order to
Important: Although the statute allows only 120 days for an appeal to be filed, VA policy is to maintain special handling of the paper claims folder for a period of 150 days to allow for mail processing.
References: For more information on
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III.ii.4.I.1.d.Converting a Paper Claims Folder Into an eFolder After a BVA Decision |
When applicable, regional offices (ROs) and decision review operations centers (DROCs) should route paper claims folders they receive after a BVA decision to the scanning vendor for conversion into an eFolder.
Exception: Do not ship a claims folder to the scanning vendor if a claim is pending that cannot be processed in the Veterans Benefits Management System (VBMS).
Once the scanning vendor converts a paper claims folder into an eFolder,
Notes:
References: For more information on
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III.ii.4.I.1.e. BVA Responsibility to Identify Cases Requiring Special Handling |
BVA determines which of its decisions meet the criteria for review by CAVC.
The table below describes the process of identifying claims folders that meet the criteria for review by CAVC.
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III.ii.4.I.1.g. VSCM and PMCM Responsibilities |
Veterans Service Center Managers (VSCMs) and Pension Management Center Managers (PMCMs) are responsible for designing and implementing local procedures to keep claims folders that are subject to CAVC review in a secure area that is separate from the main file bank.
During the special-handling period referenced in M21-1, Part III, Subpart ii, 4.I.1.c, VSCMs and PMCMs must
After the special-handling period ends, VSCMs and PMCMs are responsible for
Reference: For more information on transferring folders during the special-handling period, see M21-1, Part III, Subpart ii, 5.H.
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2. Using Temporary Files During the Special-Handling Period
Introduction |
This topic contains information on the use of temporary files during the special-handling period, including
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Change Date |
August 17, 2018
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III.ii.4.I.2.a. General Policy for Maintaining a Temporary File |
During the special-handling period referenced in M21-1, Part III, Subpart ii, 4.I.1.c,do not add or delete material contained in the permanent paper claims folder.
During the special-handling period, ROs must maintain the temporary file they created when they transferred a permanent paper claims folder to BVA for appellate review.
Reference: For more information on using a temporary file, see M21-1, Part III, Subpart ii, 4.I.2.d.
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III.ii.4.I.2.b. Definition: Temporary File |
A temporary file
Reference: For more information on material a temporary file should contain, seeM21-1, Part I, 5.F.4.c.
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III.ii.4.I.2.c. Disposition of the Temporary File if a Claimant Files an Appeal With CAVC |
A claimant’s temporary file remains at the RO if the claimant files an appeal with CAVC.
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III.ii.4.I.2.d. Use of a Temporary File During the Special-Handling Period |
Whenever possible, use the temporary file without the claims folder to process issues that arise during the special-handling period.
Reference: For more information on limiting access to the paper claims folder during the special-handling period, see M21-1, Part III, Subpart ii, 4.I.3.b.
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3. Reviewing Paper Claims Folders During the Special-Handling Period
Introduction |
This topic contains information about reviewing the paper claims folder during the special-handling period, including
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Change Date |
August 17, 2018
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4. Handling Paper Claims Folders After the Special-Handling Period
Introduction |
This topic contains information about handling paper claims folders when special handling is no longer required, including
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Change Date |
August 17, 2018
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III.ii.4.I.4.a. Handling Claims Folders After CAVC Issues a Decision |
Follow the steps in the table below when handling claims folders after CAVC issues a decision.
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III.ii.4.I.4.b. Actions to Take After Expiration of the Special-Handling Period |
Follow the steps in the table below if the
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5. Return of Paper Claims Folders From the CAVC Litigation Group
Introduction |
This topic contains information on the return of paper claims folders from the CAVC Litigation Group, including
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Change Date |
August 17, 2018
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III.ii.4.I.5.b. Role of the CAVC Litigation Group |
After CAVC completes the ROA process, the CAVC Litigation Group
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III.ii.4.I.5.c. Receipt of Claims Folders From the CAVC Litigation Group |
ROs must follow the steps in the table below after receiving a paper claims folder from the CAVC Litigation Group following completion of the ROA process.
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III.ii.4.I.5.d. Requests for the Return of a Paper Claims Folder |
If the CAVC Litigation Group determines it needs a claims folder after it returned the folder to an RO, the group will request the return of the paper claims folder.
After receiving a request from the CAVC Litigation Group for the return of a claims folder, send the folder to the group using VA’s contracted shipping service.
If a delay of more than five days in sending the claims folder to the CAVC Litigation Group is unavoidable, notify the group by e-mail (OGC PSG7 CFILES) of the
Important:
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III.ii.4.I.5.e. First Dispositive Pleadings |
The CAVC Litigation Group will return paper claims folders to ROs when the CAVC has taken final action before a first dispositive pleading has been filed. Such cases involve, but are not limited to, findings that the
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III.ii.4.I.5.f. Requests for a Claims Folder Prior to Completion of the ROA Process |
If an RO requires the return of a paper claims folders prior to completion of the ROA process, the RO must send a request to the CAVC Litigation Group.
Note: The CAVC Litigation Group will determine if the paper claims folders can be temporarily returned to the RO.
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Historical_M21-1MRIII_ii_4_SecI_5-28-2014.doc | May 11, 2019 | 115 KB |
8-17-18_Key-Changes_M21-1III_ii_4_SecI.docx | May 11, 2019 | 65 KB |
Change-July-20-2015-Transmittal-Sheet-M21-1III_ii_4_SecI_TS.docx | May 11, 2019 | 42 KB |
2-19-19_Key-Changes_M21-1III_ii_4_SecI.docx | May 11, 2019 | 52 KB |
in Chapter 4 Files and Folder Control, Part III General Claims Process, Subpart ii Initial Screening and Determining Veteran Status
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