Overview
In This Section |
This section contains the following topics:
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1. Transferring Paper Claims Folders During the Special-Handling Period
Introduction |
This topic contains information about transferring paper claims folders which are subject to review by CAVC, including
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Change Date |
July 14, 2015 |
III.ii.5.H.1.a. Special-Handling Period Following BVA Decisions |
The 120-day period following a Board of Veterans’ Appeals (BVA) decision is considered a special-handling period for paper claims folders which are subject to review by the United States Court of Appeals for Veterans Claims (CAVC).
To avoid sanctions against the Department of Veterans Affairs (VA) and its employees, the regional office (RO) must follow the prescribed procedures when processing paper claims folders during this period.
Exception: The special-handling period only applies to paper claims folders that are excluded from scanning.
Reference: For more information on the special-handling of claims folders, seeM21-1, Part III, Subpart ii, 4.I.1.
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III.ii.5.H.1.b.
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During the 120-day period following a BVA decision, ship paper claims folders that are subject to review by CAVC via
Reference: For more information on the special handling of claims folders after BVA decisions, see M21-1, Part III, Subpart ii, 4.I.1. |
III.ii.5.H.1.c.
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If a paper claims folder requires a permanent transfer to another RO during the 120-day special-handling period following a BVA decision, make sure the temporary file accompanies the paper claims folders that are being permanently transferred to another RO.
The receiving RO must
Reference: For instructions on maintaining special handling claims folders at the RO, see M21-1, Part III, Subpart ii, 4.I.1. |
III.ii.5.H.1.d.
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During the special-handling period, do not temporarily transfer paper claims folders to any entity other than the following:
Important: Paper claims folders should not be temporarily transferred to a VAMCunless the RO can ensure the VAMC
Notes:
Reference: For more information about the special-handling procedures for paper claims folders eligible for CAVC appeal review, see M23-1, Part I, Chapter 13. |
III.ii.5.H.1.f.
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When paper claims folders are temporarily transferred between ROs, the receiving RO must store the paper claims folders in its BVA secured area and should onlystore the paper claims folder in the main file bank when the special-handling period has expired.
If the claims folders are returned to the station of origination during the special-handling period, the Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM) or designee must certify, using the BVA label in the center of the paper claims folders, that no material subject to CAVC review was
Reference: For more information on BVA label inserts for paper claims folders, see M21-1, Part III, Subpart ii, 4.J.2. |
III.ii.5.H.1.g.
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Follow the steps in the table below when transferring paper claims folders between ROs during the special-handling period.
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III.ii.5.H.1.h.
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Do not refer paper claims folders during the special-handling period to CO for quality review. If a quality review random selection list includes special-handling folders, contact the Quality Assurance staff to have the list amended.
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2. RO Involvement With Docketed CAVC Appeals
Introduction |
This topic contains information about RO involvement with docketed CAVC appeals, including |
Change Date |
July, 14, 2015 |
III.ii.5.H.2.a. Actions Triggered by the Docketing of an Appeal at CAVC |
OGC’s CAVC Litigation Group is responsible for litigating appeals that are before the CAVC on behalf of VA’s Secretary. Within 60 days of the date CAVC places an appeal on its docket, the CAVC Litigation Group is responsible for making copies of the appellant’s claims folder and providing them to both the appellant and CAVC. VA’s failure to meet this deadline can result in sanctions against VA and its employees.
The table below illustrates the current process utilized to ensure the CAVC Litigation Group is able to retrieve original paper claims folders from ROs in a timely manner.
Notes:
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III.ii.5.H.2.b. Procedure for Responding to a Request From the CAVC Litigation Group for a Paper Claims Folder |
ROs must complete the actions described in the table below within five business days of receiving a request from the DROC for transfer of a paper claims folder to the CAVC Litigation Group.
Notes:
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III.ii.5.H.2.c.
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ROs must make every attempt to locate a paper claims folder that the CAVC Litigation Group requests through the DROC. This includes conducting a thorough search for the paper claims folder, as set forth in M21-1, Part III, Subpart ii, 4.D.1 and 2, if necessary.
If the RO remains unable to locate the paper claims folder, the VSCM or PMCM must prepare a formal declaration to CAVC that details the efforts the RO undertook to locate the paper claims folder
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3. Final CAVC Decisions on Pending Appeals
Introduction |
This topic contains information on final CAVC decisions on pending appeals, including |
Change Date |
July 14, 2015 |
III.ii.5.H.3.a.
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There are two possible scenarios that occur when CAVC issues a final decision on a pending appeal.
The table below describes the two possible scenarios.
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III.ii.5.H.3.b.
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Follow the steps in the table below when CAVC’s determination completes the appellate process.
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III.ii.5.H.3.c.
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Follow the steps in the table shown below when CAVC issues a remand on the appellate issue(s).
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III.ii.5.H.3.d.
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The CAVC Litigation Group will return the paper claims folders to ROs when 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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Change-July-14-2015-Transmittal-Sheet-M21-1III_ii_5_SecH_TS.docx | May 11, 2019 | 42 KB |
Historical_M21-1III_ii_5_SecH_7-14-15.docx | May 11, 2019 | 58 KB |
3-6-19_Key-Changes_M21-1III_ii_5_SecH.docx | May 11, 2019 | 53 KB |
in Chapter 5 Jurisdiction and Transfer, Part III General Claims Process, Subpart ii Initial Screening and Determining Veteran Status
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