In This Section |
This section contains the following topics:
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1. Identifying Contested Claims
Introduction |
This topic contains information on identifying contested claims, including
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Change Date |
February 25, 2019
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III.vi.6.A.1.b. Apportionment Claims |
A claim for an apportionment of a beneficiary’s Department of Veterans Affairs (VA) benefits is one type of contested claim.
Reference: For more information about apportionment claims, see M21-1, Part III, Subpart v, 3.
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III.vi.6.A.1.e. Claims for the Payment of Attorney Fees From Past-Due Benefits |
VA’s failure to withhold 20 percent of past-due benefits for the payment of attorney fees, as well as its denial of the payment of attorney fees from past-due benefits, are appealable to the Board of Veterans’ Appeals.
This type of claim involves two parties, the claimant and the representative. Such claims must, therefore, be handled as contested claims, as VA may be required to attempt to collect from the claimant fees owed to the attorney.
Important: The option to request decision review via higher-level review or supplemental claim, as referenced in 38 CFR 3.2500, is not available to parties in a contested claim.
Reference: For more information on withholding benefits for the payment of attorney fees, see M21-1, Part I, 3.C.
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2. Handling a Claim That Is in Contest a With a Pending Claim or the Payment of Benefits in a Running Award
Change Date |
May 9, 2018 |
III.vi.6.A.2.a. Handling a Claim That Is in Contest With a Pending Claim or the Payment of Benefits in a Running Award |
Follow the steps in the table below upon receipt of a claim that, according to the information in M21-1, Part III, Subpart vi, 6.A.1, is in contest with
Important: While a contested claim is pending, keep all contesting parties informed of
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Transmittal-05_10_07.doc | May 18, 2019 | 32 KB |
5-9-18_Key-Changes_M21-1III_vi_6_SecA.docx | May 18, 2019 | 57 KB |
2-25-19_Key-Changes_M21-1III_vi_6_SecA.docx | May 18, 2019 | 43 KB |
Historical_M21-1III_vi_6_SecA_5-9-18.docx | May 18, 2019 | 44 KB |
Historical_M21-1III_vi_6_SecA_4-27-15.doc | May 18, 2019 | 58 KB |
Change-April-27-2015-Transmittal-Sheet-M21-1III_vi_6_SecA_TS.docx | May 18, 2019 | 37 KB |
in Chapter 6 Contested Claims, Part III General Claims Process, Subpart vi Special Authorization Issues
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