Overview
In This Section |
This section contains the following topics:
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1. General Information on Proposed Rating Decisions
Introduction |
This topic contains general information about proposed ratings, including
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Change Date |
February 19, 2019
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III.iv.8.B.1.a. When to Prepare a Proposed Rating Decision |
An award of compensation, pension, or Dependency and Indemnity Compensation cannot be reduced or otherwise adversely affected unless the beneficiary has been notified of the proposed adverse action and has been provided a period of 60 days in which to submit evidence showing that the adverse action should not be taken. Refer to 38 CFR 3.103 and M21-1, Part I, 2.A – C for more information on the right to due process prior to a reduction in benefits.
Certain types of adverse actions require preparation of a proposed rating decision. Situations requiring a proposed rating include, but are not limited to,
Exception: Do not prepare a proposed rating decision when the evaluation of a specific disability is reduced but the total amount of compensation is not reduced. For example, if a reduction in a Veteran’s service-connected knee evaluation would not reduce his/her overall combined evaluation, a proposed rating decision is not necessary.
References: For more information on
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III.iv.8.B.1.b. Preparing Proposed and Final Actions |
Write the proposed and final ratings so it is clear that one is a proposed rating and the other is a final decision.
The narrative of both the proposed and final rating decisions should be provided to the beneficiary as attachments to the notice of proposed adverse action and/or decision notice.
Notes:
Reference: For more information on procedures for handling notification of proposed and final rating decisions, see M21-1, Part III, Subpart v, 2.B.
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III.iv.8.B.1.c. Providing a Due Process Period |
After preparing the proposed rating decision and sending the notice of proposed adverse action, allow a 60-day due process period. This allows the beneficiary to submit additional evidence showing the proposal should not be implemented.
Reference: For more information on the adverse action proposal period, see M21-1, Part I, 2.C.
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III.iv.8.B.1.d. Providing Notice |
Refer the proposed or final rating decision to the authorization activity to provide notice of the decision.
Note: An amended award is required when the final rating decision contains a future reduction date.
References: For more information on
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III.iv.8.B.1.e. Preparing a Rating and Providing Notice Under the Proper Regulations |
When preparing a proposed rating decision for a reduced benefit, ensure that the proper regulations, policies, and procedures are followed according to the circumstances of the proposal and issues being addressed.
Reduction of compensation frequently occurs when either improvement is shown or a Veteran fails to report for a routine future examination. The regulations, policies, and procedures for handling the two types of proposed reductions differ but are commonly confused. The rating decision and notice of proposed adverse action must provide the Veteran with the correct information concerning
Refer to the table below for more information on procedural due process involving reduction of compensation due to improvement and reduction of compensation due to failure to report for a routine future examination.
References: For more information on
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III.iv.8.B.1.f. New Rating Decisions Based on New Evidence |
When new evidence is submitted after promulgation of a proposed rating, the rating activity is not bound to the proposed decision. The rating activity has the authority to make new decisions as warranted by new evidence submitted after promulgation of a proposed rating.
Note: The proposal is based on the evidence of record at the time of the proposed rating decision. The proposal is binding with respect to that evidence only.
References: For more information on
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III.iv.8.B.1.g. Preparing a New Rating Decision Following Receipt of Additional Evidence |
Prepare a new rating decision if the additional evidence received is
The Reasons for Decision must contain
Note: When new evidence is received that changes the basis for the reduction and/or procedures for the reduction, provide a new rating decision and notice of proposed adverse action letter that reflects the proper reasons for reduction. For example, when new evidence is received following an initial proposal for a failure to report for a Department of Veterans Affairs (VA) examination and the new evidence (possibly including a VA examination) shows improvement warranting a reduction, issue a new rating decision proposing the reduction due to improvement and explaining the new reasons for the proposal. The due process period will restart following provision of notice of proposed adverse action by the authorization activity.
References: For more information on
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III.iv.8.B.1.h. Preparing and Sending a Final Rating Decision |
If no additional evidence is submitted or if the submitted evidence does not change the proposed action
References: For more information on the
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2. Contesting Proposed Rating Decisions
Change Date |
February 19, 2019
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III.iv.8.B.2.a. Invalid Disagreements with Proposed Rating Decisions |
A legacy notice of disagreement (NOD) or request for decision review is not valid if filed in response to a
References: For more information on
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Historical_M21-1III_iv_8_SecB_4-26-18.doc | May 15, 2019 | 79 KB |
Historical_M21-1III_iv_8_SecB_5-1-15.doc | May 15, 2019 | 72 KB |
4-26-18_Key-Changes_M21-1III_iv_8_SecB.docx | May 15, 2019 | 47 KB |
Historical_M21-1III_iv_8_SecB_9-24-18.docx | May 15, 2019 | 53 KB |
9-19-16_Key-Changes_M21-1III_iv_8_SecB.docx | May 15, 2019 | 45 KB |
2-19-19_Key-Changes_M21-1III_iv_8_SecB.docx | May 15, 2019 | 46 KB |
Change-May-1-2015-Transmittal-Sheet-M21-1III_iv_8_SecB_TS.docx | May 15, 2019 | 40 KB |
Transmittal-pt3_sp4_ch08_TS.doc | May 15, 2019 | 74 KB |
Transmittal-12_13_05.doc | May 15, 2019 | 52 KB |
in Chapter 8 Competency, Due Process and Protected Ratings, Part III General Claims Process, Subpart iv General Rating Process
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