Overview
In This Section |
This section contains the following topics:
|
1. General Information on Requesting Compensation Service and P&F Service Guidance
Introduction |
This topic contains general information on requesting Compensation Service and P&F Service guidance, including
|
Change Date |
February 19, 2019 |
III.vi.1.A.1.b. Determining the Type of Guidance to Request |
The table below describes the type of request to initiate based on the
|
III.vi.1.A.1.c. Requirements for Formal Requests for CO Guidance |
All formal requests from ROs for CO guidance must
Identify the basic issues that require resolution before initiating a formal request for guidance. Many issues may be quickly resolved through informal contact with CO. Informal contact may also be helpful in preparing a formal request.
Reference: For more information on the types of individual cases eligible for CO guidance, see M21-1, Part III, Subpart vi, 1.A.1.d.
|
III.vi.1.A.1.d. Types of Cases Eligible for CO Guidance |
The types of individual cases eligible for CO guidance are limited to the following issues:
Note: Following a 2009 decision by the U.S. Court of Appeals for the Federal Circuit, ROs are no longer required to submit pending awards of benefits to CO for review and approval (prior to final award action) for cases involving
|
III.vi.1.A.1.e. Information That Letters Requesting Guidance From P&F Service Must Contain |
The table below describes the information to include in specific sections of the letter that ROs must submit when requesting the following from P&F Service:
|
III.vi.1.A.1.f. Submitting a Request for Guidance to P&F Service |
To request guidance from P&F Service,
Important:
Reference: For more information on shipping documents for scanning, see M21-1, Part III, Subpart ii, 1.F.
|
III.vi.1.A.1.g. Submitting a Request for Guidance to Compensation Service |
The table below contains instructions for submitting a request for the following to Compensation Service:
|
III.vi.1.A.1.h. Format of Letter for Requesting Guidance From Compensation Service |
Follow the format of the letter below when preparing a letter to request guidance from Compensation Service.
|
III.vi.1.A.1.i. Handling an Apparent Conflict or Issue of General Interest |
If a letter, advisory opinion, or other directive by a CO element, including a Board of Veterans’ Appeals (BVA) decision, conflicts with a prior decision, instruction, or guideline, or is of general interest to other ROs, then
Important:
To obtain clarification of a BVA decision, follow the instructions in the table below.
|
2. Requesting an Advisory Opinion
Introduction |
This topic contains information on requesting an advisory opinion, including
|
Change Date |
September 22, 2014 |
III.vi.1.A.2.a. When to Request an Advisory Opinion |
Request an advisory opinion before making a formal decision on the issue in question.
Requesting an advisory opinion is appropriate if
|
III.vi.1.A.2.b. Considering an Advisory Opinion When Deciding a Claim |
While not directive in nature, consider an advisory opinion along with all other evidence of record, assigning it significant weight in the final adjudication of the claim.
|
3. Requesting an Administrative Review
Introduction |
This topic contains general information on requesting an administrative review, including
|
Change Date |
February 19, 2019 |
III.vi.1.A.3.a. When to Request an Administrative Review |
Limit requests for administrative review to
Important: Do not request an administrative review merely to affirm a prior decision.
|
III.vi.1.A.3.b. Who May Request an Administrative Review |
A request for CO’s administrative review of an RO decision may come from any internal or non-Department of Veterans Affairs (VA) source, such as
Reference: For more information on handling non-VA requests for an administrative review, see M21-1, Part III, Subpart vi, 1.A.3.c.
|
III.vi.1.A.3.c. Handling Non-VA Requests for an Administrative Review |
Advise non-VA sources, such as those enumerated in M21-1, Part III, Subpart vi, 1.A.3.b, to address their requests for administrative review to the Director of the service with jurisdiction over the issue for which administrative review is requested.
If a non-VA source erroneously addresses a request to an RO,
Exception: Local service organizations that have national representation mustrequest an administrative review through the organization’s national headquarters.
|
III.vi.1.A.3.d. Rejection of a Request for an Administrative Review |
CO may reject a request for an administrative review that
Reference: For more information on when it is appropriate to submit a request for an administrative review, see M21-1, Part III, Subpart vi, 1.A.3.a.
|
III.vi.1.A.3.e. Significance of an Administrative Review Decision |
Administrative review decisions are directive in nature and binding on RO decision makers.
|
4. Requesting an Administrative Determination on a Difference of Opinion Under 38 CFR 3.105(b)
Introduction |
This topic contains information on requesting an administrative determination on a difference of opinion under 38 CFR 3.105(b), including
|
Change Date |
February 19, 2019 |
III.vi.1.A.4.a. When to Request an Administrative Determination on a Difference of Opinion |
Request an administrative determination on a difference of opinion under 38 CFR 3.105(b) to revise a prior decision when
Note: If a clear and unmistakable error (CUE) was made in reaching the prior decision, the provisions of 38 CFR 3.105(a) apply. Correct it as explained in M21-1, Part III, Subpart iv, 2.B.4 without referral to CO, unless the action awards monetary benefits for a retroactive period of five or more years.
|
III.vi.1.A.4.b. Overview of Supervisory Review |
Supervisory review of decisions RO personnel make is one of the methods VSCMs and PMCMs may use to
The interpretation of laws, regulations, and general policy by a VSCM or PMCM is binding and controlling on all authorization actions, subject to decision review pursuit by the claimant, except for substantive decisions on individual cases by the rating activity or a DRO.
Important: Whenever possible, VSCMs and PMCMs must bring errors and deficiencies they identify during supervisory review to the attention of the person responsible for them. That person must then take whatever corrective action is necessary.
|
III.vi.1.A.4.c. Handling a Difference of Opinion |
A VSCM or PMCM cannot direct a change to a substantive decision of the rating activity or a DRO solely on the basis of a difference of opinion.
The table below describes the stages of the process that a VSCM, PMCM, the rating activity, and/or DRO must follow to resolve a difference of opinion.
Note: DROs do not have authority to request administrative review based on a difference of opinion. A DRO may recommend that the VSCM or PMCM submit a case to the Director of Compensation Service or the Director of P&F Service. However, the VSCM’s or PMCM’s decision is controlling, and the DRO must abide by it.
References: For more information on
|
III.vi.1.A.4.d. Decision Review Rights and Notification Requirements |
A claimant has the right to seek further review of any decision resulting from a review under 38 CFR 3.105(b).
Regardless of the outcome of the case,
|
Historical_M21-1III_vi_1_SecA_2-24-17.doc | May 18, 2019 | 147 KB |
11-17-15_Key-Changes_M21-1III_vi_1_SecA.docx | May 18, 2019 | 61 KB |
1-25-16_Key-Changes_M21-1III_vi_1_SecA.docx | May 18, 2019 | 70 KB |
2-24-17_Key-Changes_M21-1III_vi_1_SecA.docx | May 18, 2019 | 58 KB |
Change-April-16-2015-Transmittal-Sheet-M21-1III_vi_1_SecA_TS.doc.docx | May 18, 2019 | 37 KB |
Historical_M21-1III_vi_1_SecA_7-28-17.docx | May 18, 2019 | 63 KB |
Transmittal-M21-1MRIII_vi_1_secA_TS.docx | May 18, 2019 | 41 KB |
in Chapter 1 Central Office Guidance, Equitable Relief, and Other Requests, Part III General Claims Process, Subpart vi Special Authorization Issues
Related Articles