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Updated Sep 23, 2024

In This Section

 

This section contains the following topics:

Topic

Topic Name

1

Purpose

2

Quality Review Sampling

3

Quality Review Structure

4

Recording and Analysis of Review Results

5

Reporting the Correction of National Error Citations

6

Reconsideration Requests

7

National Compensation/Pension Rating Quality Review Checklist

8

National Compensation Non-Rating Quality Review Checklist

9 National Pension Authorization Quality Review Checklist

1.  Purpose
 

Introduction

 

This topic describes the purpose of national quality reviews, including

Change Date

 

August 17, 2021

3.B.1.a.  Methods to Determine and Improve Quality

 

Office of Administrative Review Quality Assurance (OAR QA) provides national quality reviews as effective and positive action to improve quality levels for legacy appeals and higher-level reviews (HLRs) of compensation and pension claims.  The following topics vary, and describe methods used to determine quality levels and improve quality on an organized technical basis.  The methods may consist of

  • regular supervision and training
  • mandatory or optional reviews and spot checks
  • controls of various kinds including cost controls or formal control procedures such as the OAR QA program, and
  • special focused quality improvement reviews.

3.B.1.b.  OAR QA

 

OAR QA is the Veterans Benefits Administration’s (VBA) national method for measuring national quality reviews on HLRs completed at decision review operations centers (DROCs) and special mission sites, and on legacy appeals at the Washington, District of Columbia, DROC (DROC D.C.).  VBA includes these results in the regional office (RO) Director’s Performance Dashboard.

3.B.1.c.  Quality Review and the DROC

 

The quality review system assists managers in monitoring the level of service to claimants.  This system requires that OAR QA performs quality observations and reviews on a continuing basis in all areas of DROC operations.

 

Note:  The quality review system does not require that evaluations encompass every work team within the DROC.

2.  Quality Review Sampling 
 

Introduction

 

This topic describes the quality review sampling procedures, including

Change Date

 

July 15, 2024

3.B.2.a.  Selection Procedures

 

Each month, the Office of Performance Analysis and Integrity (PA&I) generates a list of end products (EPs) selected for national quality review for delivery to OAR QA via the Quality Management System (QMS).  PA&I randomly samples these EPs from those completed during the previous month, which are identified using the transaction date.

 

The total monthly sample for each DROC includes both rating and non-rating EPs, allowing assessment of all essential claim adjudication actions.

3.B.2.b.  Annual Sample Sizes

 

PA&I uses a statistical formula that considers both historical accuracy and workload values when determining valid rating and non-rating sample sizes at each DROC.

3.B.2.c.  Rating EP Review

 

Rating EPs are those associated with original claims, supplemental claims, claims for increased evaluation, HLRs, pension, and appellate issues.  They involve issues that are generally more complex and subject to greater scrutiny by stakeholders.  Review of a rating EP is not limited to rating actions, but rather assesses the accuracy of all adjudicative actions leading up to the completion of that EP.

 

Compensation and pension rating EPs subject to national OAR QA review are:

  • 030 series – Higher-level review
  • 030 series – PMC Board Grant Rating
  • 030 series – PMC Higher-Level Review Rating
  • 040 series – PMC Board DTA Error – w/IMO
  • 040 series – PMC Board DTA Error
  • 040 series – PMC Board DTA Error Rating
  • 070 series – Post-certification control
  • 170 series – Pre-certification appeal control

3.B.2.d.  Non-Rating EP Review

 

Non-rating EPs are those that require development, review, and administrative decision or award action, but generally not a rating decision.  However, rating decisions necessary to complete action on a non-rating EP are also subject to review.

 

Compensation and pension non-rating EPs subject to national OAR QA review are:

  • 030 series – Higher-level review
  • 030 series – PMC Board Grant Non-Rating
  • 030 series – PMC Higher-Level Review Non-Rating
  • 070 series – Post-certification control
  • 170 series – Pre-certification control

3.  Quality Review Structure
 

Introduction

 

This topic describes the quality review structure, including

Change Date

 

 July 6, 2020

3.B.3.a.  Quality Review Checklists

 

The OAR QA process requires a comprehensive review and analysis of all processing elements associated with a specific claim or issue.  OAR QA designs quality review checklists to facilitate consistent structured reviews.

3.B.3.b.  General Guidelines for BE Quality Reviews

 

Generally, OAR QA will record a benefit entitlement (BE) error when an action taken violates current regulations or other directives and affects outcome or has the potential to affect outcome.

 

Examples of outcome-related deficiencies include, but are not limited to

  • errors that result in an overpayment or underpayment to a claimant
  • procedural deficiencies that violate the claimant’s due process rights, and
  • deficiencies which would result in a remand from the Board of Veterans’ Appeals (Board) if not corrected.

3.B.3.c.  Grace Period for National Quality Errors

 

OAR QA will provide a 30 calendar day grace period on any new claims adjudication procedural manual changes before officially citing a national quality error.  OAR QA counts the 30 calendar day grace period as 30 calendar days from the published date of the corresponding Department of Veterans Affairs (VA) Key Changes document.

 

Example:  OAR publishes a VA Key Changes document showing new claims adjudication procedural manual guidance on January 20, 2020, so the grace period includes the next 30 calendar days.  OAR QA will cite BE errors based on the new guidance with EPs cleared on and after February 19, 2020.

3.B.3.d.  Procedural Deficiencies

 

Procedural deficiencies generally do not rise to the level of BE errors.  OAR QA usually records these deficiencies as

  • decision documentation
  • notification
  • administrative (internal controls)
  • examination and medical opinion request-related
  • expedited favorable decision, and
  • non-BE errors when corrective action is needed.

Note:  If OAR QA identifies an error with an issue not related to the EP under review, OAR QA will record that error as a comment.

3.B.3.e.  Deselections

 

To ensure a statistically valid sample, OAR QA will make every effort to perform a quality review on all cases identified on the OAR QA call-up list.  In rare instances, when a review may not be appropriate, OAR QA will deselect the case if there is no other alternative.

3.B.3.f.  Error Citations When Corrective Action Has Already Been Taken 

 

OAR QA will not cite any errors in cases of EPs called-up for assessment where DROCs discovered the error(s), made proper correction(s), and cleared the correcting EP before OAR QA selected the case, regardless of whether the claimant received incorrect notification.

 

However, if the DROCs establish a correcting EP and it is still pending, or if the DROC previously established the correcting EP but cleared it with final corrective action on or after the QMS “Run Date” (the date PA&I pulls the case in QMS for national quality review), OAR QA will cite the error(s) made on the EP under assessment.  Please note that OAR QA conducts assessments on any DROC corrective action(s) taken.

3.B.3.g.  Reviewing All Evidence Associated With a Claim

 

OAR QA must be thorough in their review of each issue.  It is not sufficient to simply review a decision and the letter of notification.  OAR QA must review all the evidence associated with a claim to ensure that the DROC properly adjudicated all issues (within the scope of the claim).

3.B.3.h.  Clearly Identifying and Explaining Errors

 

OAR QA must provide sufficient narrative to clearly identify and explain the error cited.  In most cases, the explanation for the error(s) found should be sufficient to allow a reader to understand the problem area(s) without reviewing the claims folder.  If the correct action was something other than the obvious converse of the erroneous action, then OAR QA must make a statement indicating what the correct action would have been. 

3.B.3.i.  Appropriate Citations

 

OAR QA must provide appropriate citation supporting an error call.  In most cases, OAR QA should cite the appropriate statute or regulation, but may also cite

  • manual provisions
  • VBA letters
  • General Counsel (GC) precedent decisions, or
  • Court of Appeals for Veterans Claims (CAVC) precedent decisions.

3.B.3.j.  Cascade Effect

 

Based on the logical progression of the quality review checklists, when OAR QA identifies an error, then generally all subsequent processing related to that issue will also be in error.  OAR QA refers to this pattern of derived error as a cascade effect.

 

Examples:

  • If the DROC did not address an issue, it is most likely that the DROC did not develop, rate, or send notification on the issue.
  • If the DROC properly developed a claim but did not properly rate it, then inherently, the notification is incorrect.

Issue-based reviews focus on the accuracy of specific diagnostic codes (DCs), so OAR QA modifies the prohibition of cascading errors for issue-based reviews that exists for traditional claim-based reviews.  With a claim-based review, an incorrect grant results in a C1 error, with no further consideration or errors concerning the evaluation or effective date of that erroneous grant.  For issue-based reviews, OAR QA needs more data regarding the complete decision for each DC.  An issue-based review requires that OAR QA determines if a disability was adequately evaluated, even if it was erroneously granted.  This modification to the normal procedures generally only applies to incorrect grants, as there will be no evaluation or effective date for an incorrect denial or missed issue, though incorrect evaluations could also have incorrect effective dates.

4. Recording and Analysis of Review Results
 

Introduction

 

This topic describes procedures for recording and analysis of review results, including

Change Date

 

December 21, 2023

3.B.4.a.  Availability of Review Results

 

VBA maintains results of national reviews in QMS.  All accuracy reports within the databases include DROC-specific and national results. 

 

OAR QA publishes

  • national quality reports via the VBA Intranet in twelve-month rolling cumulative, three-month rolling cumulative, quarterly, and monthly formats for non-rating claim-based and rating issue-based errors, and
  • distribution of error reports in twelve-month rolling cumulative as well as monthly and quarterly formats.

OAR QA updates the national quality reports monthly.  OAR QA reports non-rating accuracy on a claim-based level, and rating accuracy on an issue-based level.  In accordance with standard statistical practice, VBA reports weighted accuracy results.

 

Note:  VBA generates DROC performance ratings during September using the most current available data.  For OAR QA reports, the most current data available in September will generally be the twelve-month cumulative report for the period from September through August.  This represents the performance year.

3.B.4.b.  BE  Categories

 

BE review categories include

  • addressing all issues
  • DTA (38 CFR 3.159) and other applicable regulations for complete development
  • correct decisions
  • correct evaluations
  • correct effective dates, and
  • correct payment rates.

Note:  The BE accuracy rate is the official measure of claims processing accuracy and is the result used for performance measurement purposes.

3.B.4.c.  Decision Documentation/ Notification Categories

 

Decision Documentation/Notification categories include review of the decision and the notification sent to the claimant.

3.B.4.d.  Issue-Based and Claim-Based Rating Reviews

 

OAR QA conducts issue-based reviews in conjunction with the traditional compensation and pension rating claim-based reviews.

 

OAR QA conducts an issue-based review and a claim-based review on every compensation and pension rating claim submitted for national quality review. 

3.B.4.e.  Task-Based and Claim Based Non-Rating Reviews

 

OAR QA conducts task-based reviews in conjunction with the traditional compensation and pension non-rating claim-based reviews.

 

OAR QA conducts a task-based review and a claim-based review on every compensation and pension non-rating claim submitted for national quality review.

3.B.4.f.  Claim-Based Accuracy

 

Claim-based reviews assess accuracy based on the entirety of the claim.  If one BE element of the claim is incorrect, OAR QA marks the claim as incorrect.  OAR QA calculates claim-based accuracy as the percentage of cases considered correct out of the total number of cases reviewed.

3.B.4.g.  Issue-Based Accuracy

 

OAR QA measures issue-based accuracy by individually evaluated medical conditions within a rating-related compensation claim.

 

Each issue must go through the same claims process that represents a series of completed tasks, such as development, research, adjudication, and decision, that could result in a specific benefit for a Veteran or survivor.  More importantly, issue-based accuracy provides the VA the opportunity to precisely target those medical issues where adjudication is most error-prone and DROCs need additional training.  OAR QA provides DROCs with the total number of issues reviewed, and the total number of issues in error, on every issue-based review.

 

Note:  OAR QA calculates issue-based accuracy as the percentage of issues considered correct based on the total number of issues reviewed for any review period.

3.B.4.h.  Task-Based Accuracy

 

OAR QA measures task-based accuracy by the individual tasks executed within a non-rating compensation claim.

 

OAR QA independently assesses each task.  Task-based accuracy provides the VA the opportunity to precisely target those adjudicative actions where adjudication is most error-prone and DROCs need additional training.

 

Note:  OAR QA calculates national task-based accuracy as the percentage of tasks considered correct based on the total number of applicable tasks reviewed for any review period.

3.B.4.i.  Strategic Oversight and Analysis Reviews (SOARs)

 

DROCs must review and address national errors and all problem quality areas in the next periodic Strategic Oversight and Analysis Review (SOAR) covering the quality of claims actions.

 

Reference:  For more information about SOARs, see M21-5, Chapter 1, Section C.

5.  Reporting the Correction of National Error Citations
 

Introduction

 

This topic describes procedures for reporting the correction of national error citations, including

Change Date

 

December 21, 2023

3.B.5.a.  Outcome of National Reviews

 

DROCs will learn the outcome of an OAR QA assessment that results in an error via QMS.

 

In QMS, the “notified date” shown on the correction record is the date OAR QA notified the DROC of the error in QMS. 

3.B.5.b.  Clearing DROC vs. Correcting DROC

 

The clearing DROC is the DROC that cleared the EP identified for national quality review.

 

The correcting DROC is the DROC that OAR QA identifies as responsible for taking the corrective action(s) documented during national quality review.  OAR QA will identify the correcting DROC by its DROC number at the beginning of each error narrative.  The correcting DROC is responsible for all corrective actions on a claim, even for those errors caused by a different DROC.

3.B.5.c.  Identified Responsible Employee

 

In most cases, OAR QA will identify the employee responsible for the error.  Rating Veterans Service Representatives (RVSRs) are responsible for both rating deficiencies and deficiencies in rating-related development.  Authorizers are responsible for award promulgation-related errors.

 

If OAR QA cites multiple errors on one case, OAR QA will identify the DROC responsible for executing all corrections in the error narrative(s).  For example, if the case has both rating and non-rating-related errors, the rating DROC is responsible for taking all corrective actions.

 

If the only corrective action required is not related to the EP identified for OAR QA assessment, OAR QA will not name the employee.  Depending on the type of corrective action needed, OAR QA will assign corrective action to either the clearing DROC or rating DROC that processed the EP under OAR QA assessment.  This error will not count against the DROC’s accuracy; however, this DROC is responsible for executing the corrective action(s).

3.B.5.d.  Action to Take Following Notification of a National Error

 

QMS will route the error correction record(s) to the clearing DROC in all cases.  The national error correction record(s) will populate in the clearing DROC’s QMS Coach Team queue.

The clearing DROC’s Quality Review Team (QRT) coach, or their designee, will review the national error cited to determine if a reconsideration request will be submitted.

If …

Then they will follow the …

no reconsideration request is warranted

corrective action instructions in M21-5,  Chapter 3, Section B.5.i.

a reconsideration request is warranted

reconsideration request instructions in M21-5, Chapter  3, Section B.6.

3.B.5.e.  EP 930 Establishment Requirements

 

The DROC must establish and clear the appropriate EP 930 for any claim with a cited error where the DROC previously cleared or cancelled the EP, even those that do not require a rating or award correction.  OAR QA has established this requirement to ensure data integrity.  OAR QA will monitor completion of error corrections using these EPs.

 

DROCs must establish EP 930s with the National Quality Error claim label and the National Quality Review special issue indicator.

 

Notes:

  • The National Quality Review special issue indicator is a ‘Do Not Recall’ (DNR) indicator that prevents National Work Queue (NWQ) recall until the special issue is removed in conjunction with an appropriate transaction.
  • If the EP associated with the claim reviewed for quality is still pending, which is likely following a local quality review, then an EP 930 is not necessary.  The DROC should complete corrective action, to include mentoring and entering a Veterans Benefits Management System (VBMS) note, under the existing EP.

Requests for Reconsideration:

  • The DROC should not establish an EP 930 unless OAR QA upholds an error on reconsideration. 
  • EP 930 is not necessary if OAR QA overturns an error on reconsideration.

References:  For more information on the requirement to enter a VBMS note and how to enter one, please see

3.B.5.f.  Corrective Actions and Reporting

 

The identified correcting DROC must take corrective action on all national quality errors. 

 

DROCs must complete all actions to initiate the correction within 30 days of notification of the error.  If OAR QA cites multiple errors on a case, DROCs must execute all actions to initiate the correction of all errors.

 

When DROCs initiate all corrective actions, OAR QA considers the error correction “complete” for reporting purposes. 

 

If the corrective action needed is development, rating correction, or award promulgation, once executed, DROCs must check the “Error Corrected” box in QMS and remove the DNR special issue indicator.  NWQ will recall the EP and redistribute it when the EP is actionable for subsequent claim processing by any DROC based on capacity.

 

If no further action is needed after the corrective action is taken and reviewed by a supervisor for completion, the DROC should clear the EP 930.

 

If the only corrective action is to provide training and/or feedback to the responsible employee, once a supervisor has confirmed the training and/or feedback has occurred, the DROC should enter a VBMS note and clear the EP 930.

3.B.5.g.  Time Limit for Corrective Action

 

The correcting DROC is required to initiate and report the corrective action taken for each error within 30 days of notification of an error.

3.B.5.h.  Indicating When Re-Adjudication Is Not Appropriate

 

In cases which re-adjudication may be inappropriate, the correcting DROC must indicate why re-adjudication is not appropriate and describe other action taken, such as training or feedback provided to the identified responsible employee, when updating the error correction record in QMS.  The clearing DROC may also indicate that the DROC requested reconsideration.  If OAR QA denies the reconsideration request, the DROC must make and appropriately report the corrective action.

3.B.5.i.  Clearing DROC’s Quality Review Team (QRT) Coach’s Responsibility for Corrective Action

 

If the clearing DROC’s QRT coach, or their designee, reviews and determines an error does not warrant a reconsideration request, they must identify the DROC responsible for corrective actions using the DROC number annotated at the beginning of the error narrative(s).

  • When the identified correcting DROC is also the clearing DROC, the clearing DROC will maintain ownership of the correction record(s) and must take corrective actions.
  • When the identified correcting DROC is a DROC other than the clearing DROC, the clearing DROC’s QRT coach must transfer the error correction record(s) to the correcting DROC’s QMS Coach Team by selecting “change owner” for each error correction record that needs to be transferred. 

The error will remain in “pending notification” status, and this action also confirms that the clearing DROC has reviewed and accepted the error.

3.B.5.j. Correcting DROC’s QRT Coach’s Responsibility for Corrective Action

 

The table below outlines the correcting DROC’s QRT coach’s responsibility for corrective action to include

  • notification, QMS actions, and EP 930 establishment with claim attributes
  • changing ownership of the national error correction record in QMS, and
  • ensuring the DROC takes corrective actions within five business days.

Step

Action

1

  • Send notification (according to local procedures) of the error correction to the identified responsible employee, and ensure that a copy is sent to the employee’s supervisor.
    • When there is no identified responsible employee, or the identified responsible employee is no longer of record at the DROC, use local procedures to determine who at the DROC is responsible for the corrective action.
  • In QMS, mark the error correction record as “notified” when notification is sent to the employee and accept the error correction(s) by marking the “Error Accepted” box within each associated error correction record.
  • Ensure that the DROC establishes an EP 930 with the appropriate claim label, along with the National Quality Review special issue indicator and assigns it to the appropriate employee in VBMS.  Choose the appropriate claim label from the following selections: 
    • Correction of National Quality Error – Appeals
    • Correction of National Quality Error – Non-Rating
    • Correction of National Quality Error – Rating

2

Change ownership of the national error correction record(s) in QMS to the responsible employee’s supervisor for tracking and updating.

3

The responsible employee has a maximum of five business days to take corrective action.

3.B.5.k.  Responsible Employee’s Responsibility for Corrective Action

 

The table below outlines the responsible employee’s responsibility for corrective action.

Step

Action

1

Take the corrective action and enter mandatory notes in VBMS describing the corrective action taken, date taken, and DROC number taking corrective action.

2

Communicate with supervisor to advise of completion of required corrections.

3

The responsible employee has a maximum of five business days to take corrective action.

3.B.5.l.  Responsible Employee’s Coach’s Responsibility for Corrective Action

 

The table below outlines the responsible employee’s coach’s responsibility for corrective action.

Step

Action

1

Ensure that the responsible employee completes corrective action within the required five business day timeframe and adds the mandatory VBMS note.

2

Remove the National Quality Review special issue.

3

Update the error correction record by marking the “Error Corrected” box within each associated error correction record in QMS.

3.B.5.m.  Correction of Local Quality Reviews

 

The general procedures for correction of local quality reviews are the same as the procedures for correction of national quality reviews. If the EP associated with the claim reviewed for local quality is still pending, then an EP 930 is not necessary. Corrective action to include mentoring and entering a VBMS note should be conducted under the existing EP.

 

Exceptions:

  • The appropriate EP 930 claim label for local quality reviews is Correction of Local Quality Error.
  • The appropriate DNR special issue is Local Quality Review.

References:  For more information on

6.  Reconsideration Requests
 

Introduction

 

This topic describes reconsideration request procedures, including

Change Date

 

July 15, 2024

3.B.6.a.  Formally Addressing Disagreements

 

OAR QA anticipates that occasionally DROCs may receive a quality review error they disagree with, or believe the explanation offered is unclear or inadequate.  OAR QA must formally address any disagreement over the correctness of an error citation.

3.B.6.b.  Requesting Reconsideration

 

If a DROC believes an error call is erroneous, the clearing DROC may request a formal reconsideration by OAR QA.  To request a formal reconsideration of an error, the clearing DROC must submit the request through QMS.

3.B.6.c.  Time Limit for Reconsideration Requests

 

DROCs must submit reconsideration requests within 10 business days of the “created date.”  The 10 business days begin the day after the “created date.”

 

OAR QA will not accept requests for reconsideration that are not received within the established time limit.  If not submitted within 10 business days, OAR QA will reject the request and return it to the clearing DROC’s QMS Coach Team Queue for action.

 

Note:  DROCs may request an exception to the 10-day period by contacting OAR QA at vbawasoarqualitytrn@va.gov.   

3.B.6.d.  Misclassified Errors

 

OAR QA will not remove BE errors on reconsideration merely because OAR QA misclassified the error on the OAR QA Checklist (e.g., B2 vs. C1) when a legitimate BE error exists.  Removing known errors on cases included in the nationally mandated sample is contrary to sound quality control principles and provides stakeholders with inaccurate data.

 

Notes:

  • In these cases, OAR QA will uphold the error, but reclassify it in QMS to reflect the correct classification.
  • This process will not affect the DROC’s right to ask for an additional reconsideration using the secondary process detailed below.

3.B.6.e.  Formal Reconsideration Requests

 

The formal reconsideration request must include pertinent

  • supporting statutes
  • regulations
  • CAVC Opinions
  • GC Opinions
  • manual, or
  • other appropriate citations.

DROCs must submit reconsideration requests via QMS.  OAR QA will return the reconsideration decision in QMS.  When a reconsideration results in a withdrawal or change in the error status, OAR QA will update QMS to reflect the decision.  OAR QA will maintain and monitor results of reconsideration requests in QMS to ensure the effectiveness and integrity of the review process.

3.B.6.f.  Secondary Reconsideration Requests

 

DROCs have the right to seek additional reconsideration from OAR QA on upheld BE errors.

 

DROC Managers or Assistant DROC Managers must submit secondary reconsideration requests

  • directly to the following mailbox to the attention of the OAR Assistant Director: vbawasoarqualitytrn@va.gov, and
  • within five business days of the DROC receiving notification of a completed electronic reconsideration request review.

Important:  OAR reserves the right to alter this timeline at the end of the fiscal year reporting period to ensure timely final quality reports.  OAR QA will withdraw the error if the OAR Assistant Director disagrees with the action taken by OAR QA.  In such cases, the OAR QA Chief will return the case to OAR QA to amend the decision as directed and will provide feedback to ensure that OAR QA does not cite such errors in the future.

7.  National Compensation/Pension Rating Quality Review Checklist
 

Introduction

 

This topic includes the

Change Date

 

December 21, 2023

3.B.7.a.  National Compensation/ Pension Rating Quality Review Checklist

 

The following is a sample of the National Compensation/Pension Rating Quality Review Checklist.

1. Were all claimed issues addressed and decided?

☐ Yes

☐ No

☐ N/A

Error Description

 

A1a-Ancillary benefit

A1b-Competency

A1c-IU

A1d-Pension

A1g-SMC-other

A1h-Service connection

A1i-Secondary Service connection

A1j-Increased evaluation

A1k-Earlier effective date

A1l-Other

A1f-SMC-HB

A1e-SMC-A/A

 

2. Were all inferred and/or ancillary issues addressed?

☐ Yes

☐ No

☐ N/A

Error Description

 

A2a-38 CFR 3.324 (multiple non-compensable SC disabilities)

A2b-Compentency

A2c-DEA

A2d-Hypertension

A2e-IU

A2f-Medical care under 38 U.S.C. 1702

A2g-Pension

A2h-SMC-A/A

A2i-SMC-HB

A2j-SMC-other

A2k-Other

A2l-Unclaimed issues within the scope of the claim

 

3. Was VCAA pre-decision “notice” provided and adequate?

☐ Yes

☐ No

☐ N/A

Error Description

 

B1a-N&M evidence verbiage

B1b-Pension or SMP development incomplete

B1d-Special issue development incomplete-1151

B1e-Special issue development incomplete-Agent Orange

B1f-Special issue development incomplete-ALS

B1g-Special issue development incomplete-Asbestos

B1h-Special issue development incomplete-Camp Lejeune

B1i-Special issue development incomplete-Gulf War

B1j-Special issue development incomplete-Hepatitis

B1k-Special issue development incomplete-HIV

B1l-Special issue development incomplete-Mustard Gas

B1m-Special issue development incomplete-Non-PTSD personal trauma

B1n-Special issue development incomplete-POW

B1o-Special issue development incomplete-PTSD-combat or non-combat

B1p-Special issue development incomplete-PTSD-personal trauma

B1q-Special issue development incomplete-Radiation

B1r-5103 not sent

B1s-“What the Evidence Must Show” attachment missing or incorrect

B1t-Other

 

4. Does the record show VCAA compliant development to obtain all indicated evidence (including a VA exam, if required) prior to deciding the claim?

☐ Yes

☐ No

☐ N/A

Error Description

 

B2dd-VA treatment records not obtained

B2ee-5103 reply period not expired before denial

B2ff-Other

B2y-Special issue development incomplete-PTSD combat or non-combat

B2z-Special issue development incomplete-PTSD personal trauma

B2aa-Special issue development incomplete-Radiation

B2gg-Stegall v. West (Remand compliance)

B2bb-VA exam was needed

B2cc-VA medical opinion was needed

B2a-Admin denial insufficient_rating decision needed

B2b-Advisory opinion needed from C&P Service

B2c-Appeals Issue

B2d-Complete income information not obtained

B2e-Dependency verification deficiency

B2f-Insufficient VA examination/medical opinion

B2g-IU development deficiency (i.e., 8940 needed before grant; employment history needed, etc.)

B2h-Non-VA treatment records development deficiency

B2i-SBP verification deficiency

B2j-Service personnel records needed

B2k-Service treatment records needed

B2l-Social Security records development deficiency

B2n-Special issue development incomplete-1151

B2o-Special issue development incomplete-Agent Orange

B2p-Special issue development incomplete-ALS

B2q-Special issue development incomplete-Asbestos

B2r-Special issue development incomplete-Camp Lejeune

B2s-Special issue development incomplete-Gulf War

B2t-Special issue development incomplete-Hepatitis

B2u-Special issue development incomplete-HIV

B2v-Special issue development incomplete-Mustard gas

B2w-Special issue development incomplete-Non-PTSD personal trauma

B2x-Special issue development incomplete-POW

B2hh-No standard application – ITF Issue

 

5. Was the grant or denial of all issues correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

C1a-Accrued benefits (warranted or not warranted)

C1b-Hearing loss not shown under 38 CFR 3.385

C1c-Service connection not warranted for symptom or lab finding (i.e., pain, proteinuria, etc.)

C1d-Service connection not warranted (general)

C1e-Service connection warranted (general)

C1f-Other

C1g-Veteran does not meet minimum number of required days of active service. (Pension)

C1h-Veteran does not meet the required days of wartime service. (Pension)

C1i-Veteran does not meet other than dishonorable service requirements. (Pension)

 

6. Was the percentage evaluation assigned correct (including combined evaluation)?

☐ Yes

☐ No

☐ N/A

Error Description

 

C2a-Convalescence (warranted or not warranted)

C2b-Misapplication of 38 CFR 4.86, Exceptional Patterns of Hearing Impairment

C2c-Misapplication of the bilateral factor

C2d-Pyramiding (same symptomatology used for multiple disabilities)

C2e-Reduction (warranted, not warranted, or done prematurely or too late)

C2f-Separate evaluations warranted for one SC disability (e.g., knee LOM and instability)

C2g-Over-evaluation (general)

C2h-Under-evaluation (general)

C2i-Other

 

7. Are all effective dates affecting payment correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

D1a-Day after discharge

D1b-Dependency adjustment

D1c-Diabetes complication-incorrect effective date

D1d-Increased disability-incorrect effective date based on increase factually shown or not shown from that date

D1e-IU-criteria met or not met from an earlier date

D1f-Informal date of claim-missed or misapplied

D1g-Liberalizing legislation misapplied

D1h-Pension (granted administratively or by rating decision)

D1i-SMC or SMP change

D1j-Incorrect effective date for all other situations (general)

D1k-Other

D1l-Incorrect effective date reopen previous denial of SC

D1m-DOC – improperly identified.

D1n-DOC – electronically initiated/finalized.

D1o-DOC – continuously prosecuted (non-appeal)

D1p-DOC – continuously prosecuted (appeal)

D1q-DOC – multiple claims received on different dates

D1r-FDC-deselect

D1s-FDC – improper deselect

D1t-FDC – 1 yr. retro misapplied

D1u-FDC – 1 yr. retro predates factual entitlement date

D1x-ITF-Effective date based on invalid or non-existent ITF

D1y-Valid ITF missed or not applied correctly to effective date

 

8. Were all payment rates correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

D2a-CRDP or other MRP adjustment

D2b-CRSC adjustment

D2c-Dependency adjustment

D2d-Month of Death Payment

D2f-Severance, Readjustment, or Separation pay adjustment

D2g-SMC coding incorrect

D2h-Other

D2e-Pension calculation incorrect

 

9. Was Decision Documentation correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

E4a-A summary of the evidence considered was not provided (AMA)

E4d-For denied claim(s), identification of the missing element(s) required to grant the claim(s) was not provided (AMA)

E4b-An explanation of the laws and regulations applicable to the claim was not provided (AMA)

E4c-A summary of favorable findings made by the decision maker was not provided (AMA)

E4e-The decision did not identify the criteria required to grant the next higher level of compensation (AMA)

E4f-An explanation of how to obtain or access the evidence used in the decision was not provided (AMA)

E4g-A summary of the applicable review options available for the claimant when seeking a review of the decision was not provided

E1-All pertinent evidence not discussed

E2-The basis of each decision not identified and/or each denial not explained

E3-The rating narrative was not acceptable length, contained irrelevant or superfluous text, or portions were copied and pasted directly from CAPRI

E4h-Decision maker considered and/or listed evidence received after the record closed for a higher-level review

E4i-Decision maker failed to readjudicate issue on the merits when new and relevant evidence was of record

E4j-Higher-Level Review decision failed to provide notice that there was evidence received after the record closed that was not considered

E4k-Higher-Level Review informal conference not held when requested or attempts to schedule not documented properly

 

10. Was notification correct? (Notification)

☐ Yes

☐ No

☐ N/A

Error Description

 

F1-Notification not sent

F2-Notification was incorrect

F3-Appeal rights were not included

F4-The Power of Attorney indicated, was incorrect, and notification was improperly documented

 

11. Were Appropriate Signatures (Internal Controls) correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

G1-Second signature not documented

G2-Third signatures not appropriately documented when required

G4-Unnecessary development delayed a decision on any claim associated with the EP under review

 

12. Was the end product selected for review timely developed? (over-developed)

☐ Yes

☐ No

☐ N/A

Error Description

 

G3h-Unnecessary or incorrect development to verify stressor(s)

G3i-Development for SSA records when IU could be granted

G3j-Requesting VAE/MO when evidence of record was sufficient for rating

G3k-Requesting unnecessary clarification of VAE/MO from VA examiner

G3l-Requesting unnecessary clarification of VAE/MO from QTC provider

G3m-Requesting medical records (VA or private) that were already of record

G3n-Requesting private records more than twice

G3o-Development for service records when not necessary

G3p-Development for other government records when not necessary

G3q-Development for private records when not necessary

G3r-Development for medical evidence in NSC pension claims where Veteran has no qualifying service

G3s-Dependency development (686c, marriage cert, birth cert, divorce decree, etc.) when not required

G3t-Requesting VAE/MO when a public-use DBQ was of record and sufficient for rating

G3u-Other

G3a-Sending/resending VCAA when issue could be granted or increased to schedular max

G3b-Sending additional VCAA when duty to assist had already been fulfilled

G3c-Development to verify RVN when evidence of record already verifies RVN

G3d-Development to verify RVN when no entitlement to benefits exists

G3e-Development for DD214 when verified service is already of record

G3f-Development for radiation exposure instead of sending file to RO323

G3g-Development to verify special issue (Agent Orange, Gulf War, etc.) when not necessary

G3v-Requesting VAE/MO when private evidence of record, other than public-use DBQ, was sufficient for rating

G3w-Requesting VAE/MO when federal evidence of record as sufficient for rating

G5a-Requesting VAE/MO when a public-use DBQ or private evidence was of record and insufficient for rating 1 or more claimed issues; but not all issues

G5b-Requesting VAE/MO when a public-use DBQ or private evidence was of record and insufficient for rating any claimed issues

G5c-Higher-Level Review decision failed to grant maximum benefit when DTA error is present, if warranted

 

13. Were Examination & Medical Opinion Requests correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

H1-If a VA examination was requested, was that examination necessary and if an opinion was requested was the opinion an appropriate medical (not legal) question?

H2-Examination Requests – Incorrect DBQ requested

H3-Examination Requests – Issues (disabilities claimed) were not clearly identified

H4-Examination Requests – The claims folder was not provided by the regional office for necessary examination(s)

H5-Medical Opinion Requests – When a medical opinion was requested, pertinent issues were not clearly identified and appropriate question(s) were not clearly asked

H6-Medical Opinion Requests – The claim folder was not made available to the medical center by the regional office

H7–Routine Future Examination Establishment – An unnecessary and/or inappropriate routine future examination (RFE) was established/continued by the EP under review

H8-RFE Interval – Inappropriate interval established for a necessary RFE

 

14. Was there an Expedited Favorable Decision?

☐ Yes

☐ No

☐ N/A

Error Description

 

I1-When evidence was sufficient to grant partial benefits, those benefits were not granted promptly, while developing other issues

 

15. Were Rating Comments correct (EP not under review)?

☐ Yes

☐ No

☐ N/A

Error Description

 

J1A-Issue Errors not associated with end product under review

Development Errors not associated with end product under review

Decision Errors not associated with end product under review

Payment Errors not associated with end product under review

Comments for all other actions not associated with end product under review

 

16. Were Rating Comments correct (EP under review)?

☐ Yes

☐ No

☐ N/A

Error Description

 

J2-Disability determination – end product under review

Notification – end product under review

 

                                                                                                                          

FOR EACH “NO” ANSWER RECORDED, PROVIDE A BRIEF NARRATIVE SUMMARY OF THE ERROR AND STATUTORY, REGULATORY, OR MANUAL REFERENCES.

3.B.7.b.  Instructions and Guidelines for Rating Review

 

OAR QA developed these instructions and guidelines to promote consistency and uniformity in the review of cases selected for OAR QA assessment. The checklist will be used for both Compensation and Pension National Quality Reviews. Use these instructions/guidelines in conjunction with the National Compensation/ Pension Rating Quality Review Checklist.

 

For the purpose of measuring technical accuracy under OAR QA assessment, OAR QA considers a case either “accurate” or “in error,” for the claim-based review.  The claim-based review is separate and distinct from the issue-based review, in which OAR QA only considers the specific reviewed issue as either “accurate” or “in error.”  For claim-based accuracy, OAR QA will consider a case “accurate” when OAR QA answers questions 1 through 8 of the National Compensation/Pension Rating Quality Review Checklist as either “YES” or “NO” but no payment adjustment is required.

 

For each case reviewed, OAR QA must complete and answer all questions on the National Compensation/Pension Rating Quality Review Checklist.  A “YES” response indicates that the DROC accurately completed the activity associated with the question.  A “NO” response indicates that the DROC completed the activity associated with the question “in error.” OAR QA must indicate “N/A” if the question is not applicable to the case under review, or if OAR QA previously recorded a “NO” response for the only issue subject to review.  OAR QA is required to provide a narrative summary with statutory, regulatory, judicial, or manual references for any “error” or “NO” answer recorded.

 

The general guideline is that OAR QA will record an error when an action is taken that violates current regulations or established policies.  Examples of outcome-related deficiencies include, but are not limited to, errors that result in an overpayment or underpayment to a claimant and deficiencies that would result in a remand from the Board if not corrected. 

 

OAR QA does not record procedural deficiencies as BE errors.  OAR QA records these deficiencies as decision documentation/notification or administrative comments and either the DROC must take corrective action on these deficiencies or submit a timely reconsideration request.  OAR QA will not record a judgment or a difference of opinion reflecting a possible better practice or solution as a comment under question 16.  If OAR QA identifies an error with an issue not related to the EP under review, then OAR QA also records that error as a comment under question 15. 

3.B.7.c.  Rating Review Elements

 

The National Quality Rating Review is, generally, focused on EPs associated with original claims, supplemental claims, claims for increased evaluation, HLRs, appellate issues and pension claims.  OAR QA will review other issues such as dependency, income, net worth, withholdings/recoupments, incompetency, etc., when applicable to a case selected under National Quality Review, as part of that EP.

 

The following is a list of explanations of the questions of the National Rating Quality Review Checklist.

 

Question

Explanation

1. Were all claimed issues addressed and decided?

DROCs must formally address and decide, in some fashion, all issues submitted by a Veteran.  Entitlement to an earlier effective date generally applies only to an appeal, unless a Veteran submits such a claim in conjunction with a clear and unmistakable error (CUE), etc. 

2. Were all inferred and/or ancillary issues addressed?

DROCs should address all inferred issues which arise from the claim.  This includes any ancillary issues, such as entitlement to Dependents’ Educational Assistance (DEA) benefits when DROCs establish a permanent and total evaluation, and any issue that is “within scope” of a claimed condition (such as a tinnitus grant when the Veteran claims hearing loss that warrants service connection (SC)). 

3. Was VCAA pre-decision “notice” provided and adequate?

38 CFR 3.159(b)(1) states, in part, that upon receipt of a substantially complete application, VA must notify the claimant and the claimant’s representative, if any, of any information, and any medical or lay evidence, not previously provided that is necessary to substantiate the claim.  As part of that notice, VA must indicate which portion of that information and evidence, if any, the claimant must provide, and which portion, if any, VA will attempt to obtain on behalf of the claimant.

4. Does the record show VCAA compliant development to obtain all indicated evidence (including a VA exam, if required) prior to deciding the claim?

38 CFR 3.159(c)(2) states, in part, that VA must make reasonable efforts to help a claimant in obtaining the evidence necessary to substantiate a claim.  Therefore, VA must complete all indicated and necessary development before deciding a claim unless the evidence of record warrants a grant.

 

If a VA examination report was the basis for a rating decision, was that report adequate and sufficient for rating purposes?  Was there already sufficient medical evidence of record to rate the claim  (see 38 CFR 3.326(b) & (c))?  While requesting an examination is generally a judgment area with considerable latitude, VA must exercise that judgment within a reasonable range.  The record must contain evidence that fully supports the disability determination and not lack any evidence that would prompt a remand from the Board.  A request for a medical opinion on legal issues such as “is a condition service-connected” constitutes an error.

5. Was the grant or denial of all issues correct?

Does the evidence of record support the decision according to applicable law, regulation and policy? 

 

Any error called in this element must be the equivalent of a CUE.  An error includes failure to allow benefits based upon application of the doctrine of reasonable doubt when a case is in equipoise (38 CFR 3.102).  OAR QA will not consider an error or note in a comment a judgment variance such as “difference of opinion” or “better rating practice,” as OAR QA does not make best practice suggestions at this time.

 

OAR QA should not call deficiencies invisible to the claimant such as award reason codes or entitlement codes.  OAR QA should still note such deficiencies in the checklist.

6. Was the percentage evaluation assigned correct (including combined evaluation)?

Generally, OAR QA may only call an error in this category when supported by evaluation tools, such as the Evaluation Builder.  If the decision maker did not use the Evaluation Builder, then OAR QA may still call an error if the evaluation tool does not support the evaluation, or the evaluation is not in compliance with the Rating Schedule.  The only possible judgment variance is when two evaluation criteria fit the evidence of symptomatology and the disability picture is not clear enough to conclusively apply 38 CFR 4.7.

7. Are all effective dates affecting payment correct?

This category encompasses intent to file (ITF), date of claim (DOC), increases during the appeal period, various individual unemployability (IU) scenarios, and incorrect effective dates for ancillary benefits.

8. Were all payment rates correct?

If applicable to the case being reviewed, VA must consider issues such as dependency, income, withholdings and recoupments, hospitalization, etc., when deciding whether the payment rates are correct.

9. Was Decision Documentation correct?

Simply summarizing evidence and stating a conclusion does not constitute “reasons and bases.”  In Gabrielson v. Brown, 7 Vet. App 36 (1994), the court stated:  “fulfillment of the reasons and bases mandate requires the decision maker to set forth the precise basis for its decision, to analyze the credibility and probative value of all material evidence submitted by and on behalf of a claimant in support of the claim, and to provide a statement of its reasons and bases for rejecting any such evidence.”  Failure to do this on an issue is an error.

10. Was notification correct? (Notification)

This element includes Predetermination and Contemporaneous Notification, when applicable (38 CFR 3.103).

  • It is essential that VA views correspondence to claimants, to the extent possible, from the claimant’s perspective.  Notification must:
    • be factually correct,
    • address all issues,
    • be as direct and concise as possible,
    • be logically laid out so thought sequences are not broken, and
    • be free from apparent contradictory statements.
  • VA must provide notice of procedural and appellate rights following every decision by furnishing VA Form 20-0998, Your Right to Seek Review of Our Decision
  • VA should update the master record to include designation of the claimant’s representative so that VA furnishes computer-generated notices to both. 

11. Were Appropriate Signatures (Internal Controls) correct?

VA has added the appropriate signature for internal control purposes only.  It is a means of checks and balances to eliminate potential fraud situations.

12. Was the end product selected for review timely developed? (over-developed)

To be an overdevelopment error, the development must clearly be erroneous (e.g., ordering an examination for a condition for which VA cannot establish SC due to a statutory bar) and materially affect the claim (e.g., delay claim processing in and of itself).  Mere differences of opinion regarding whether or not the evidence of record was sufficient to decide a claim without an examination are not valid quality errors.

 

OAR QA does not classify notations in these questions as BE errors, and therefore does not reflect them in the national or individual station accuracy.  OAR QA should only provide details in this category that focus only on scenarios where development was obviously improper or unnecessary to complete the claim.  OAR QA uses this question only for data gathering purposes.  A “YES” or “NO” response in G4 is only applicable when OAR QA selects “YES” in G3.  Otherwise, OAR QA should mark G4 as “N/A.” 

13. Were Examination & Medical Opinion Requests correct?

VA may require a medical opinion to reconcile diagnoses, determine the relationship between conditions, determine etiology or nexus to service-incurred disease or injury, or determine whether and to what extent service-connected disability has aggravated a nonservice-connected condition.  Before requesting an opinion, review the claim and supporting evidence to ensure that minimum evidentiary requirements have been met.  Always provide the claims folder for the examiner to review.  VA provides guidelines in M21-1, Part IV, Subpart i, 2.A.

  • The employee must select the appropriate exam worksheet for each specific claimed condition identified in the General Remarks section, including appropriate use of General Medical exam.  [NOTE:  If the employee requested a general medical exam, the remarks or other information in the exam request must support the request (for example, recently discharged Veteran)].
  • It is not cascading to select “YES” for question 12 and “NO’ for 13 (H1).
  • The employee must identify the specific condition (or conditions) in the General Remarks section for each exam requested.  The employee must  identify the evidence the examiner should review by tabbing it in the claims folder, indicating the source (provider or facility) of the evidence, the subject matter, and the approximate dates covered.  However, the employee should also advise the examiner that the review is not limited to this evidence.
  • The reviewer should also select “YES” if the claims folder was available in electronic format and the examiner stated that it was reviewed.
  • The employee must clearly state the nature of the opinion requested, and explain why the opinion is needed, if it clarifies the request. 

14. Was there an Expedited Favorable Decision?

Make an intermediate rating decision if the record contains sufficient evidence to grant any benefit, including SC at a noncompensable level.  Grant SC for a disability with a noncompensable evaluation, if supported by the evidence, even though the decisionmaker must defer the issue of SC, compensation for other disabilities, or the issue of a higher evaluation.

15. Were Rating Comments correct (EP not under review)?

This question identifies discrepancies that OAR QA would have otherwise considered as errors had the EP in question been under review.

16. Were Rating Comments correct (EP under review)?

This question identifies discrepancies that OAR QA does not consider errors in the EP under review.

8.  National Compensation Non-Rating Quality Review Checklist
 

Introduction

 

This topic includes the

Change Date

 

December 21, 2023

3.B.8.a. National Compensation Non-Rating Quality Review Checklist

 

The following is a sample of the National Compensation Non-Rating Quality Review Checklist.

1. Was proper pre-decisional notification provided and/or was proper development to the Veteran/claimant completed as required by regulations and/or the manual?

☐ Yes

☐ No

☐ N/A

Error Description

 

Supplemental development letter not sent to Veteran/claimant as required

Development letter addressing 5103 (if applicable) and evidence requirement for claimed issues, not sent

Pre-decisional (due process) letter not sent

Supplemental development letter sent, but lacked critical information

Overdevelopment related to the category which prevented the claim from moving forward to the next step in claims processing (materially delayed the claim)

Claim erroneously certified ready for decision or promulgated (claim filed on incorrect form or incomplete claim received)

Development letter addressing 5103 (if applicable) and evidence requirement for claimed issues was sent but lacked critical information

Claim certified as ready for a decision; however, critical development/notification to the Veteran/claimant was incomplete

Pre-decisional (due process) letter sent, but lacked critical information

Higher-Level Review informal conference not held when requested or attempts to schedule not documented properly

 

2. Were all pertinent service treatment records (STRs) obtained/requested or determined to be of record?

☐ Yes

☐ No

☐ N/A

Error Description

 

No STRs requested (when necessary)

Incomplete STRs requested (i.e., not all periods of service/branches requested or improperly requested)

Necessary National Guard or Reserve records not requested

Incomplete National Guard or Reserve records requested or improperly requested

Claim certified as ready for a decision; however, not all STRs were obtained or certified as being unobtainable, to include final attempt letter if necessary

Overdevelopment related to the category which prevented the claim from moving forward to the next step in claims processing (materially delayed the claim)

 

3. Were all pertinent Federal records (other than STRs) obtained/requested or determined to be of record?

☐ Yes

☐ No

☐ N/A

Error Description

 

Identified VAMC treatment records not obtained/requested or only partially obtained/requested

Service personnel records not requested (when necessary) or incomplete service personnel records requested (i.e., not all periods of service/branches requested)

SSA records not requested (when necessary)

Identified Vet Center records not requested or only partially obtained/requested

Service verification for all periods of active duty and/or other periods of service related to claimed issues not requested or requested incorrectly

JSRRC request not submitted when necessary

JSRRC Formal Finding not complete when stressor or exposure unable to be verified (when necessary)

Federal records (to include personnel records) from other agencies not obtained/requested (e.g., federal prison, OPM, Dept. of Labor)

Claim certified as ready for a decision; however, not all necessary Federal records were obtained or certified as being unobtainable (when required) to include final attempt letter or VAF 27-0820.

Claim certified as ready for decision; however available VAMC records were not obtained to include the Final Notification Letter

Overdevelopment related to the category which prevented the claim from moving forward to the next step in claims processing (materially delayed the claim)

 

4. Were all pertinent private/non-Federal records obtained/requested or determined to be of record?

☐ Yes

☐ No

☐ N/A

Error Description

 

Overdevelopment related to the category which prevented the claim from moving forward to the next step in claims processing (materially delayed the claim)

State or local government records not requested or requested incorrectly (e.g., prison records or incarceration information)

Private non-medical records not requested or requested incorrectly

Private medical records not requested

Claim certified as ready for a decision; however, not all necessary private or non-Federal records were obtained (when required)

 

5. Were all necessary examinations/medical opinions requested and correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

Necessary examinations not requested (or rescheduled)

Necessary medical opinion not requested

Examination/opinion request incomplete or incorrect — failure to identify all correct disabilities or identifying incorrect disabilities

Examination/opinion request incomplete or incorrect — selecting incorrect examination type/DBQ

Examination/opinion request incomplete or incorrect — incorrect jurisdiction based on the ERRA tool

Examination/opinion request incomplete or incorrect — failure to identify or include pertinent information such as evidence to review. C-file not sent to examiner when required.

Examination incorrect – Examination not warranted

Medical opinion incorrect – Opinion not needed or inappropriate legal question requested. Including failure to upload the ERRA screenshot when required.

Claim certified as ready for a decision; however, not all necessary examinations/opinions were obtained

Overdevelopment related to the category which prevented the claim from moving forward to the next step in claims processing (materially delayed the claim)

 

6. Were all issues addressed and decided?

☐ Yes

☐ No

☐ N/A

Error Description

 

Pension not addressed and decided

Dependents not addressed and decided

All drill pay adjustments not addressed and decided

All claimed issues not addressed and decided by rating decision

All claimed issues not addressed and decided administratively (not by rating) (e.g., apportionment claims)

Award generated prior to determining eligibility (such as sufficient service for pension)

Active duty period not addressed

No action taken on AEW

 

7. Was necessary administrative decision or award generated/completed and correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

Payment change (other than dependent or withholding action) not valid

Necessary payment change not effectuated

Pension income incorrect resulting in incorrect rate of pay

Administrative decision provided incorrect entitlement outcome

Administrative decision was not procedurally complete (e.g., missing signatures, all decision(s) not provided, relevant evidence not discussed)

Burial award processed incorrectly

Accrued award processed incorrectly

Restoration Resumption of benefits not implemented or implemented incorrectly

Award not suspended/terminated or award suspended/terminated incorrectly

Award adjusted prior to expiration of due process period (60 days)

Decision maker considered and/or listed evidence received after the record closed for a higher-level review

 

8. Were all dependency adjustments and/or decisions correct?

☐ Yes

☐ No

☐ N/A

Error Description

 

Dependent spouse established, denied, or removed incorrectly

Dependent minor biological child/children established, denied, or removed incorrectly

Dependent minor step-child/children established, denied, or removed incorrectly

Dependent minor adopted child/children established, denied, or removed incorrectly

Dependent school age child/children established, denied, or removed incorrectly

Dependent helpless child/children established, denied, or removed incorrectly

Dependent parent established, denied, or removed incorrectly

Surviving spouse established, denied, or removed incorrectly

Surviving child established, denied, or removed incorrectly

Dependency adjustment effective date incorrect

Decision maker failed to readjudicate issue on the merits when new and relevant evidence was of record

 

9. Were all required withholdings/reductions correctly implemented?

☐ Yes

☐ No

☐ N/A

Error Description

 

Retired pay not withheld or withheld incorrectly

Severance pay not withheld or withheld incorrectly

Drill pay not withheld or withheld incorrectly

Adjustment due to incarceration not implemented or implemented incorrectly

Hospital adjustments not implemented or implemented incorrectly

CRDP or CRSC adjustment incorrect

Recoupment of separation pay not implemented or implemented incorrectly

Apportionment not executed or executed incorrectly

Attorney fee not withheld or withheld/calculated incorrectly

 

10. Was the claimant properly notified?

☐ Yes

☐ No

☐ N/A

Error Description

 

Notification letter failed to explain how to obtain or access evidence used in the decision

A summary of the applicable laws and regulations (AMA tentative 2/14/2019)

Notification letter failed to provide review options to the claimant to seek review of the decision (AMA tentative 2/14/2019)

Notification letter not sent and/or not documented in file

Notification letter has incorrect effective dates and/or payment rates

Notification letter does not provide or incorrectly provides the amount of any benefits VA is withholding and the reason for the withholding

Failure to notify outcome of all issues decided by a rating decision

Notification letter fails to explain the decision made

Notification letter failed to include summary of evidence considered (excluding evidence discussed in preceding proposed adverse action or evidence provided in rating decision for rating-related issues)

Notification letter failed to provide appellate rights, or appellate rights were provided incorrectly

Courtesy copy of the notification letter was not sent to the appropriate appointed representative (including failure to include a private attorney’s address on the cc line)

Notification letter failed to notify claimants of potential entitlement to additional benefits

Non-rating higher-level review decision failed to provide notice that there was evidence received after the record closed that was not considered

Non-rating decision failed to list favorable findings when required for denials

Non-rating decision failed to explain elements met and/or not met

 

11. Were all systems accurately updated?

☐ Yes

☐ No

☐ N/A

Error Description

 

Date of claim incorrect

End product incorrect

Payees’ addresses incorrect

All periods of active duty or other service related to claimed issues not verified and updated in all systems (BIRLS/Participant Profile) (EOD, RAD, Branch, Char SVC, Sep Reason, VADS and/or VERIFIED)

Power of Attorney (POA) information/access not correctly updated in all systems

Necessary special issues were not entered and/or correct

Necessary flashes were not entered and/or correct

Contentions for all claimed issues were not entered and/or correct

Tracked items for all requested evidence were not entered and updated as necessary (includes disposition and suspense date)

Direct Deposit information (when there is a pending/running award) – incorrect

 

12. Were all other issues that required correction completed correctly?

☐ Yes

☐ No

☐ N/A

Error Description

 

Errors not associated with end product under review

Development Errors not associated with end product under review

Decision Errors not associated with end product under review

Payment Errors not associated with end product under review

Comments for all other actions not associated with end product under review

Notification errors not associated with end product under review

Notification – end product under review

 

13. Does this Review contain a traditional BE?

☐ Yes

☐ No

 

  

                                    

FOR EACH “NO” ANSWER RECORDED, PROVIDE A BRIEF NARRATIVE SUMMARY OF THE ERROR AND STATUTORY, REGULATORY, JUDICIAL OR MANUAL REFERENCES.  NOTE:  DOC ERRORS DO NOT REQUIRE CITATIONS ON THE NATIONAL COMPENSATION NON-RATING QUALITY REVIEW CHECKLIST.

3.B.8.b.  Instructions and Guidelines for Non-Rating  Review

 

OAR QA developed these instructions and guidelines to promote consistency and uniformity in the review of cases selected for OAR QA assessment.  Use these instructions/guidelines in conjunction with the National Compensation Quality Review Non-Rating Checklist.

 

For the purpose of measuring technical accuracy under OAR QA assessment, OAR QA considers a case either “accurate” or “in error.”  OAR QA will consider a case “accurate” when OAR QA answers all of the questions, with the exception of questions 12 and 13, of the National Compensation Quality Review Non-Rating Checklist as “YES” or “N/A.”  OAR QA will consider a case “in error” if the answer to any question is “NO” other than questions 12 and 13.     

 

For each case reviewed, OAR QA must complete and answer all questions on the National Compensation Non-Rating Quality Review Checklist.  A “YES” response indicates that the DROC accurately completed the activity associated with the question.  A “NO” response indicates that the DROC completed the activity associated with the question “in error.”  OAR QA must indicate “N/A” if the question is not applicable to the case under review or if OAR QA previously recorded a “NO” response for the only issue subject to review.  OAR QA is required to provide a narrative summary with statutory, regulatory, judicial, or manual references for any “error” or “NO” answer recorded. 

 

The general guideline is that OAR QA will record an error when a DROC action taken violates current regulations or established policies.  Examples of outcome-related deficiencies include, but are not limited to, errors that result in an overpayment or underpayment to a claimant. 

 

OAR QA does not record procedural deficiencies as errors.  OAR QA records these deficiencies as comments under question 12.  However, if the procedural deficiency is severe in nature, OAR QA will record it as an error.  OAR QA will record a judgment or a difference of opinion reflecting a possible better practice or solution as a comment rather than an error.  If OAR QA identifies an error with an issue not related to the EP under review, then OAR QA also records that error as a comment.

3.B.8.c.  Non-Rating Review Elements

 

The following is a list of explanations for the questions on the National Compensation Non-Rating Quality Review Checklist.

Question

Explanation

1. Was proper pre-decisional notification provided and/or was proper development to the Veteran/claimant completed as required by regulations and/or the manual?

38 CFR 3.159 states that upon receipt of a substantially complete application, VA must notify the claimant and the claimant’s representative, if any, of any information, and any medical or lay evidence, not previously provided that is necessary to substantiate the claim.  As part of that notice, VA must indicate which portion of that information and evidence, if any, the claimant must provide, and which portion, if any, VA will attempt to obtain on behalf of the claimant. Also, VA must properly document attempts to schedule informal conferences when not held.

38 CFR 3.103 contains the basic rule concerning notice.  Within that regulation, 38 CFR 3.103(b)(2) provides provisions for due process associated with adverse actions.  Employees may find additional instructions for implementation in M21-1, Part I, Subpart i, 1.  Strict adherence to these procedures is necessary both from the customer’s perspective and the government’s.

Proper notification includes:

  • initial or supplemental development letters to the Veteran/claimant to establish dependency entitlement prior to the decision phase of the claim, and
  • the required decision review options.

Examples of overdevelopment in this task may consist of the employee sending an additional 5103 Notice Letter when not needed, requiring 30 days before being able to move the claim forward, or requesting dependency information when already of record preventing VA from adding the dependent at that time. 

2. Were all pertinent service treatment records (STRs) obtained / requested or determined to be of record?

OAR QA will call an error when a Veterans Service Representative (VSR)

  • fails to obtain STRs, or National Guard or Reserve records when required
  • only requests partial records, or
  • fails to have the final attempt letter of record. 

OAR QA will assess STRs requested directly from the Veteran under task 1, and STRs requested from the National Guard or other agency under task 2.

 

An example of overdevelopment in this task includes trying to obtain National Guard or Reserve records when the claimant or employee identifies the event occurring during a period of active duty (AD) and it is shown in the AD STRs; further development does not aid in the claim for service connection.  Another example of overdevelopment is when STRs are of record but the VSR submits a Personnel Information Exchange System (PIES) O50 request to obtain STRs.

3. Were all pertinent Federal records (other than STRs) obtained/requested or determined to be of record?

VA must obtain all Federal records when identified by the Veteran.  This includes Social Security Administration (SSA) records, Veterans Affairs Medical Center (VAMC) records, Vet Center records, etc.  OAR QA will cite an error for failure to obtain records at the time they are identified by the Veteran or at initial development.  This could delay the claim or cause other deficiencies such as missed examinations.

 

OAR QA will cite an error if the employee does not complete a Formal Finding (or equivalent 27-0820).

 

OAR QA will cite an error under task 3 if the VSR should have obtained VAMC records (via an enterprise search or records that the Veteran identified), and the VSR did not obtain/request the records.

 

OAR QA will not cite an error if there were no records in Compensation and Pension Records Interchange System (CAPRI) from the enterprise search, and the VSR did not enter the note that the search results did not show any VAMC treatment, as no records are missing.  There has to be records missing from the decision making process for OAR QA to cite this error.

 

An example of overdevelopment in this task is when VA requests and waits for personnel records (DPRIS or PIES O50) but the records are already of VA record.  Another example is if VA attempts  to verify active duty training (ADT) or inactive duty training (IADT) service when the claimed disability was during a period of verified AD, therefore hindering the claim from moving to the next step (examination, rating board, etc.). 

4. Were all pertinent private / non-Federal records obtained / requested or determined to be of record?

OAR QA will cite an error if the VSR did not request private treatment records.  This includes the required follow-up request.  This could include medical records or non-medical records such as employment records for the Veteran or claimant.

 

Examples of overdevelopment in this task may consist of the employee sending an additional 5103 notice letter when not needed (requiring 30 days before being able to move the claim forward), requesting dependency information when already of record (preventing VA from adding the dependent at that time), if the VSR attempts to obtain private medical records (PMRs) that are already of record, or asks for a new release for records when a valid release was already of record.

5. Were all necessary examinations/medical opinions requested and correct?

OAR QA will cite an error when the VSR does not request all necessary examinations and/or medical opinions.  OAR QA will also cite an error if the VSR requests the incorrect exam/Disability Benefits Questionnaire (DBQ), does not identify all disabilities in the request, or does not identify critical information in the request such as private treatment records, VAMC records, Veteran’s statements, or STRs (event in service).

 

OAR QA will also cite an error if the VSR requests unnecessary examinations regardless if it prevented the claim from moving to the next step.  An example of an unnecessary examination is if the Veteran claimed service connection for gout due to Agent Orange exposure.  This is not a recognized disability under 38 CFR 3.309(e), therefore there is no entitlement to service connection.  An examination for this disability is unnecessary.

 

If the VSR fails to request a necessary exam and/or opinion, but the situation is beyond the scope of the VSR’s training, then OAR QA should not cite an error.  The standard for determining when an exam or opinion is required is different for a VSR than for a RVSR.  An example is if a VSR determines an examination and opinion is needed for a claim for compensation under 38 U.S.C. 1151 or if an opinion is needed regarding conflicting medical evidence.

6. Were all issues addressed and decided?

A “claimed issue” is any benefit specifically mentioned by the applicant or their representative.

 

OAR QA will cite an error if the VSR does not convey all the issues decided by a rating decision if the portion of the rating decision provided to the Veteran/claimant did not include those decisions, and hence, the Veteran does not receive any notification on the outcome of that issue.  The VSR is also responsible for ensuring the rating decision addressed all issues. 

 

Furthermore, OAR QA evaluates the VSR on whether they appropriately addressed/decided all administrative issues (not by rating). 

OAR QA cites dependency errors under this task only when a VSR does not address a claimed dependent.  OAR QA should capture all other dependency errors under the appropriate task.

 

Failing to address pension administratively when appropriate falls under this task. An example of an error for premature award of benefits prior to determining eligibility is if the VSR administratively grants pension without verifying the qualifying service first.

7. Was necessary award or administrative decision generated/completed and correct?

Encompasses all situations where a VSR generates, or should generate, an award. This includes erroneously cleared claims.  Errors include: failing to implement payment changes based on a rating decision or incorrectly implementing such a decision and failing to correctly pay based on benefits awarded, discontinued, or adjusted administratively, or considering evidence received after the record was closed for higher-level reviews. 

 

OAR QA does not cite payment errors resulting from withholdings of administrative reductions or dependency adjustments under this task.

8. Were all dependency adjustments and/or decisions correct?

Involves all award/decisions involving the addition, denial, removal, and change in status of dependents based on the

promulgation or authorization activity and failure to readjudicate issue(s) on the merits when relevant evidence is of record.

 

Examples of errors in this task involve adding ineligible dependents to an award, removing or denying eligible dependents from an award, adding or removing dependents or changing their status from an incorrect date, and erroneously changing or failing to change the status of a dependent.  OAR QA will also cite an error for incorrect future date for the removal or change in status of a dependent.

 

This task also includes errors involving premature dependency adjustments.  Error examples are: a VSR establishes a dependent prior to obtaining the Social Security number (SSN) or removes a stepchild when the Veteran divorces the parent without determining whether the Veteran still supports the child.

 

For error trend purposes, OAR QA will only mark the error descriptions that are in error if the claim involves multiple dependency adjustments/decisions. 

 

For example, a Veteran submits a claim to establish a spouse, a biological child, and a stepchild.  The VSR correctly adds the spouse to the award; however, adds the biological child from an incorrect effective date and adds the stepchild without the Veteran furnishing requested necessary evidence to establish entitlement.  OAR QA will mark error descriptions for effective dates and stepchildren.

9. Were all required withholdings / reductions correctly implemented?

Encompasses all such payment adjustments requiring VSR input/decision.  This includes retired pay withholdings, severance pay withholdings, drill pay waivers, hospitalization adjustments, incarcerated Veterans, return to active duty, etc.  This does not include reductions due to rating actions as task 7 covers these errors.  As with all tasks, this encompasses not just whether the adjustments the VSR made were correct, but whether the VSR failed to implement any and all adjustments covered by this task.

10. Was the claimant properly notified?

38 CFR 3.103 contains the basic rule for proper notification. Claimants and their representatives are entitled to timely notice of any decision made by VA. This rule applies to both awards and disallowances.

 

VSRs must place notification letters in claims folders or in the electronic record(s). The appeal period does not begin until VA notifies the claimant and representative of the decision.  VSRs must provide complete and accurate information in notification letters to include favorable findings for denials, when applicable. VSRs must also provide notice of evidence received after the record closed that was not considered.  VSRs must include evidence used to decide the claim in every notification letter.  VSRs must provide notice of procedural and appellate rights following every decision, and must properly Cc the POA, if any, on the notification letter (e.g., private attorney addresses).

 

Errors under this task also include notifications to the claimant regarding POA appointments.  For example, errors regarding notification to the claimant of an incomplete appointment or notification when the appointment form lacks 38 U.S.C. 7332 election. 

11. Were all systems accurately updated?

VA requires accurate systems compliance.  OAR QA will utilize the error descriptions in this question to determine systems compliance errors.  Only “Yes” or “No” are acceptable answers for task 11.  “NA” is not an acceptable answer for task 11.

 

OAR QA will only consider errors that fall under the nine error descriptions on the checklist as systems compliance errors.  Errors include: not utilizing the correct EP and DOC (this includes companion EPs), not updating Beneficiary Identification and Records Locator Subsystem (BIRLS) and participant profile with the necessary service information, and not updating mailing and payment addresses.  Not inputting all claimed issues as contentions and verifying the contention is an error.  Furthermore, incorrectly granting POA access or failure to revoke POAs is an error.  This includes accepting an invalid form.  Incorrectly inputting and updating tracked items for all requested evidence is an error under this task.  This includes correctly utilizing dispositions.

 

Any required systems updates that do not fall under the nine error descriptions of this section are not errors and OAR QA should indicate these issues as remarks and return them for correction.  For example, VBMS indexing and inputting VBMS notes are not errors under this task. Also, OAR QA does not consider contention classifications and contention types as errors under systems compliance.

 

Please note: An incorrect DOC or EP is still a systems compliance error if the VSR closes the EP and can no longer correct the DOC/EP.  VSRs can only correct DOC/EP errors prior to closing the claim.  If OAR QA identifies a DOC/EP error on a closed EP, OAR QA cites the error under task 11 and notifies the VSR.  It is not appropriate to establish an EP 930 when a VSR or OAR QA identify an incorrect DOC or EP for a closed EP.

12. Were all other issues that required correction completed correctly?

This question identifies discrepancies that would have otherwise been considered errors had the EP in question been under review.  Comments do not count as errors under the EP under review. 

13. Does this Review contain a traditional BE?

Answer YES if OAR QA marked this question incorrect under the previous OAR QA checklist A-H and for any error that affects the Veteran’s entitlement.

9. National Pension Authorization Quality Review Checklist

Introduction

 

 This topic includes the

Change Date

 

August 17, 2021

3.B.9.a. National Pension Authorization QualityReview Checklist

 

For more information on National Pension Authorization Quality Review Checklist, see M21-4, Chapter 7, Appendix B.a.

3.B.9.b. Instructions and Guidelines for Authorization Review

 

For more information on Instructions and Guidelines for Authorization Review, see M21-4, Chapter 7, Appendix B.b.

3.B.9.c. Authorization Review  Elements

 

For more information on Authorization Review Elements, see M21-4, Chapter 7, Appendix B.c.