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Updated Jul 17, 2024

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
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2
3
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5
6
7
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9
10
 

 
 

1.  Docketing Substantive Appeals 

 
 

Introduction

 

This topic contains information on docketing substantive appeals, including

Change Date

   May 27, 2022

7.F.1.a.         Adding Appeals to the Board of Veterans’ Appeals (Board) Docket

 
Add appeals to the Board’s docket by updating the Veterans Appeals Control and Locator System (VACOLS).
  • immediately following the receipt of a substantive appeal at the regional office (RO), and
  • without requiring the Board to physically take possession of the related claims folder. 
Notes:
  • When the RO enters the date of receipt of the substantive appeal into VACOLS, VACOLS will
    • reserve a slot on the docket based on the date entered, and
    • assign the Docket Number when the Board receives the appeal.
  • The related appeal record will remain under the RO’s jurisdiction until it is certified as ready for Board review.  Once the appeal is certified, the appeal record will be transferred to the Board immediately.
References:  For more information on

7.F.1.b.  Notification by the Board

 
The Board sends a docket notification letter that
  • notifies the appellant
    • that their appeal has been added to the Board’s docket
    • that all appeals will be considered in docket number order
    • with information about advancing the appeal on the docket, and
    • what telephone number to use to obtain general information, and
  • includes two pamphlets providing information about the appeal.

 

2.  VA Form 646, Statement of Accredited Representative in Appealed Cases
 

Introduction

 
This topic contains information on VA Form 646, Statement of Accredited Representative in Appealed Cases, including

Change Date

 

 May 14, 2020

7.F.2.a.  Purpose of VA Form 646

 

VA Form 646, Statement of Accredited Representative in Appealed Cases, which the Board of Veterans’ Appeals (Board) has discontinued, gave an appellant’s accredited representative an opportunity to review the appeal and submit a statement regarding the appeal to VBA prior to VBA’s certification of the appeal.

As of May 14, 2020, VBA appeals personnel should not request this form prior to certification.  However, representatives may submit statements and argument directly to the Board for the Board’s consideration in an appeal.  
 

3.  Certifying Substantive Appeals

 
 

Introduction
 
This topic contains information on certifying substantive appeals, including

Change Date
 
 May 27, 2022

7.F.3.a. Certification Process
 
The Decision Review Officer (DRO), DROCM, VSCM, PMCM, or their designee is responsible for
  • reviewing all appeals, and
  • certifying each appeal as ready for review by the Board.
Proper review of the case includes verification that all
  • issues on appeal have been decided and discussed, and
  • appropriate development has been initiated and properly conducted.

7.F.3.b.  The Board’s Authority to Perform the Initial Review of Evidence
 
Public Law (PL) 112-154, Section 501 amended 38 U.S.C. 7105 to allow the Board to perform the initial review of evidence submitted
  • by the appellant or appellant’s representative
  • at the time of or after receipt of a substantive appeal.  
Exception:  If the appellant requests in writing that the RO performs the initial review, then the RO must issue a new decision based on the new evidence.
 
Notes: 
  • These provisions apply to substantive legacy appeals received on or after February 2, 2013.
  • ROs are still responsible for conducting all development triggered by receipt of submitted evidence.  Development may include, but is not limited to, requesting an examination or additional records identified by the appellant as pertaining to the appeal.
Reference:  For more information about processing additional evidence submitted with or after a substantive appeal, see M21-5, Chapter 7, Section E.2.a.

7.F.3.c.       
When to Certify an Appeal
 
Certify the appeal after
  • obtaining (or exhausting all efforts to obtain) all available and pertinent evidence, and
  • making a decision on the issue(s), as required.
If the appeal is based on a rating or authorization decision, the appropriate activity should review the appeal to
  • determine if all
    • issues raised on appeal have been identified, and
    • contentions and allegations made by the appellant or their representative have been properly and adequately addressed, and
  • confirm that all evidence is of record, including service records, if appropriate.
Important:  If an RO receives additional evidence after a substantive appeal is certified to the Board, the Board must perform the initial review of the evidence unless the appellant requests, in writing, that the RO performs the initial review.  This includes appeals that are certified but not yet transferred.
 
Note:  VA medical records transmitted by Veterans Benefits Administration (VBA) from the Compensation and Pension Record Interchange (CAPRI) and uploaded to the appellant’s electronic claims folder (eFolder) are considered of record for certification purposes. Do not print copies of evidence available in the eFolder for inclusion in a paper claims folder.
 
References:  For more information on

7.F.3.d.        When Not to Certify an Appeal
 
In any case in which an appellant submitted
  • additional evidence, and
  • requests, in writing, for the RO to perform the initial review of the evidence
do not certify an appeal until the evidence has been reviewed and all necessary development actions and/or decisions are completed.
 
References:  For more information on

7.F.3.e.         When Appeals Are Certified in Error

  
If an appeal is certified in error, submit a request to decertify the appeal in VACOLS to the BVA File Transfer mailbox (identified in Outlook as “BVA File Transfer” or BVA.FileTransfer@va.gov).
 
Note:  Include the appellant’s name and claim number in the request to the Board.

7.F.3.f.
Referring the Appeal for Certification
 
The Claims Assistant or other RO employee
  • updates VACOLS with receipt of a substantive appeal, and
  • refers the appeal to the DRO, DROCM, VSCM, or PMCM, or their designee.
Note:  For the purposes of appeal certification, the DROCM, VSCM, or PMCM designee is an employee who is well versed in the appellate process and the issue under appeal.

7.F.3.g.
Reviewing the Appeal for Certification
 
The DRO, DROCM, VSCM, PMCM, or their designee
References:  For more information on

7.F.3.h.
Procedure for Certification of Appeals
 
Follow the steps in the table below to certify an appeal to the Board.
 
Step
Action
1
Validate all VACOLS data is properly entered, including
2
Verify all pertinent evidence has been obtained and duty to assist provisions met.  This may be documented on the following appeals worksheet and checklists:
Notes: 
If the answer on the checklist is …
Then input a VBMS note indicating …
Yes or N/A
the checklist was followed and completed.
No
the details of the missing items and any necessary development still required.
 
References:  For more information on
3
Ensure all pertinent documents and evidence in support of the appeal have been
  • uploaded into the eFolder, or
  • associated with the paper claims file. 
Important: 
  • Ensure all VBMS documents are indexed with their appropriate document type identification.
  • Pertinent documents include:
    • NOD
    • DRO election letter
    • SOC
    • VA Form 9 or substantive appeal
    • SSOC(s)
    • DRO hearing transcript or informal conference report
    • power of attorney (POA) election for representation, and
    • any other documents provided by the appellant or obtained by the RO in support of the appeal.
References:  For more information on
4
Are all pertinent appeal documents in VBMS?
  • If yes, use the Caseflow Certification Program to
  • If no, manually
    • complete VA Form 8
    • associate VA Form 8 with the claims folder, and
    • input the certification date in VACOLS.  
Important:
  • If the appeal record is contained in more than one electronic system or contained in both paper record and electronic system(s), add a VACOLS diary and VBMS note to that effect.
  • If the appeal is enlarged to include additional issues, certify all inextricably intertwined issues simultaneously.  
Reference:  For more information on the definition of inextricably intertwined, see M21-5, Chapter 7, Section A.1.g
 
5
Was a Board videoconference or Board hearing at a local office requested?
  • If yes,
    • mark the hearing request as READY in VACOLS, and
    • proceed to the next step.
  • If no, proceed to the next step.
6
Follow the steps for transferring the appeal in M21-5, Chapter 7, Section F.4.
   
 

4.  Transferring the Appellate Record to the Board

 
 

Introduction
 
This topic contains information on transferring appeals to the Board, including

Change Date
 
 July 18, 2024

7.F.4.a.
When to Transfer the Appellate Record to the Board
 
Once the RO completes all steps of the certification process, the appellate record must be immediately transferred to the Board. 
 
Important:  When the appeal is pending a hearing with the Board
  • complete the certification process, and
  • transfer the appellate record to the Board
Reference:  For more information on the certification process, see M21-5, Chapter 7, Section F.3.

7.F.4.b.   Receiving Evidence Prior to Transferring the Appellate Record to the Board
 
If additional evidence is received after the appeal is certified, but before the appellate record is transferred to the Board, follow the procedures in M21-5, Chapter 7, Section E.2.a.

7.F.4.c.  Transfer of Paper Appellate Records Not Being Sent for Scanning
 
When a paper appellate record has been certified as ready for transfer to the Board, and the paper claims folder will not be sent for scanning, ROs must create a temporary paper claims folder containing copies of
  • the latest rating decision
  • the latest award letter, and
  • any other pertinent documents that may be needed to adjudicate any new or supplemental claims received while the claims folder is temporarily transferred to the Board. 
Important:  Do not create an additional volume of a claims folder in the Control of Veterans Records System (COVERS) while the original paper claims folder is temporarily located at the Board.  Instead, create a temporary folder to house copies of the documents listed above.  Document the temporary folder in COVERS, but designate it as a TEMP folder.
 
Note:  Only file duplicative copies in the temporary folder.  Any new evidence received, such as medical evidence, statements, forms appointing new representatives, etc. must be uploaded to VBMS and not kept solely in the temporary folder.
 
References:  For information on

7.F.4.d.  Preparing Paper Folders for the Scanning Vendor When Transferring the Appellate Record to the Board
 
If a paper claims folder will be sent to the scanning vendors prior to the Board receiving the appeal, follow the steps in the table below.
 
Step
Action
1
Ensure all electronic documents generated by VA are uploaded into VBMS, including, but not limited to:
2
Use the table below to ensure non-standard forms are properly identified and labeled.
 
If correspondence was accepted as a valid …
Then ensure the correspondence is annotated in the upper right hand corner with …
NOD in lieu of VA Form 21-0958, Notice of Disagreement
NOD.
Form 9 in lieu of VA Form 9
 
3
Package all paper records received, including appeals-related mail maintained in a temporary file, and ship them to the scanning vendor.
 
References:  For more information on

7.F.4.e. 
Procedure for Transferring the Appellate Record to the Board
 
The Board does not have a VBMS work queue, therefore it cannot accept permanent transfer out of a VBMS appeal.  VACOLS must be used to transfer the appeal to the Board.
 
Follow the steps in the table below to transfer the appellate record to the Board when the case is certified as ready for Board review.
 
Step
Action
1
Validate all appropriate data are updated and accurate in VACOLS, to include:
  • Veteran contact information
  • POA for the appeal
  • NOD date
  • SOC date
  • VA Form 9 date
  • SSOC date(s), and
  • certification date.
2
Ensure the proper selection is made in the SPECIAL INTEREST box on the DISPATCH tab by using the table below.
 
If the appeal originated in …
Then ensure …
VBMS
VBMS APPEAL is checked.
Legacy Content Manager (formerly Virtual VA)
VIRTUAL VA APPEAL is checked.
  • a paper folder, and
  • is being sent for scanning into VBMS
VBMS APPEAL is checked.
 
Important:  Do not simultaneously select the VBMS APPEAL and Virtual VA APPEAL checkboxes.
3
Is there an eFolder in VBMS?
  • If yes,
    • input the date of transfer to the Board in the ADV FILE SENT BVA field or REMAND RETURNED field on the DISPATCH tab in VACOLS
    • ensure the VBMS APPEAL checkbox is selected in the SPECIAL INTEREST box on the DISPATCH tab, and
    • proceed to Step 4.
  • If no, proceed to Step 5.
4
Is there FTI involved?
  • If yes, proceed to Step 7.
  • If no, proceed to Step 8.
5
Will the folder be sent to the scanning vendor prior to the Board receiving it?
  • If yes, proceed to Step 6.
  • If no, proceed to Step 7.
6
  • Input the date of transfer to the scanning vendor in the ADV FILE SENT BVA field or REMAND RETURNED field on the DISPATCH tab in VACOLS.
  • Select diary code VBMS SCANNING and place a two-week suspense date from the same day the file is shipped to the scanning vendor.
  • Transfer the folder in COVERS to the scanning vendors.
  • Proceed to Step 8.
Reference:  For more information on shipping folders to the scanning vendor, see M21-1, Part II, Subpart i, 1.B.4.b.
7
  • Input the date of transfer to the Board in the ADV FILE SENT BVA field or REMAND RETURNED field on the DISPATCH tab in VACOLS.
  • Transfer the folder in COVERS to the Board.
8
  • Generate the File Certified to BVA letter in the Letter Creator to notify the appellant that the appeal has been certified and transferred to the Board.
  • Send copies of the letter to the
    • appellant
    • their authorized representative, and
    • other interested persons, if any.
  • Ensure that a copy of the letter is associated with the claims folder.
Notes:
  • The use of locally-generated language for this notification is not authorized.
  • If the appellant’s address is not known
    • continue to forward the appeal to the Board, and
    • send notice to the appellant at the last known address.
9
Clear the controlling end product (EP).
 
Reference:  For more information on appeal EPs, see M21-4, Appendix B.
 
 

5.  Receiving Evidence and Changes after Certification and Transfer

 
 

Introduction
 
This topic contains information on receiving evidence and changes after certification and transfer, including

Change Date
 
 July 18, 2024

7.F.5.a. 
Processing Mail Received After Transfer of the Appellate Record
 
Evidence pertaining to the appeal received after certification of the appeal and transfer of the appellate record, must be sent directly to the Board.
 
Use the table below when mail is received after transfer of the appellate record to the Board.
 
If mail is … 
Then …
  • received as paper mail, and
  • pertaining to an issue under Board jurisdiction
follow the procedures in M21-1, Part II, Subpart i, 1.A.2.b to package and ship the mail to the scanning vendor.
received in the centralized mail (CM) portal
follow the procedures in M21-1, Part II, Subpart i, 1.A.1.c.
supplemental service treatment records (STRs) that are pertinent to an appeal involving a paper claims folder
  • make copies of the STRs and place them in the temporary folder
  • forward the original STRs to the Board, and
  • maintain EP 699 control until the claims folder is returned.
FTI
follow the procedures in M21-1, Part II, Subpart i, 1.A.2.d.
 
Important:  These procedures apply (even if the Board no longer has the claims folder or jurisdiction of the appeal) to all appeals
  • which have been certified and transferred to the Board appearing in either advance (ADV) or active (ACT) status in VACOLS
  • with advance on docket (AOD) motions, and
  • with a status of history (HIS), but the mail or evidence received indicates a motion for
    • reconsideration by the Board, or
    • clear and unmistakable error regarding the Board decision. 
Note:  Do not maintain new evidence in temporary folders when the claims folder is under jurisdiction of the Board.  Package and ship all new evidence received and temporary folders for scanning into VBMS.

7.F.5.b.  Receiving Unrelated Claims After Certification and Transfer 
If the RO receives an unrelated claim while the appellant’s claims folder is before the Board
  • place the claim under control, and
  • act on it as soon as possible. 
Note:  CAVC has stated that undue delay on new claims will not be tolerated.
 
References:  For more information on

7.F.5.c.  Requesting Temporary Return of the Paper Claims Folder
 
When VA receives unrelated evidence, and the paper claims folder is essential to adjudication of a claim unrelated to the appeal issue
  • submit a request for temporary transfer of the paper claims folder to the BVA File Transfer mailbox (identified in Outlook as “BVA File Transfer” or bva.Filetransfer@va.gov, and
  • furnish
    • the appellant’s name
    • the appellant’s claim number
    • the reason for requesting the claims folder, and
    • a point of contact to whom the paper claims folder should be sent. 
Result:  The Board determines whether the paper claims folder can be returned to the RO.  If the Board cannot return the paper claims folder immediately, it will indicate the anticipated date of return.
 
Note:  The Board may temporarily transfer a paper claims folder to the RO for 21 days to process a pending claim unrelated to the issue(s) on appeal.  If mitigating circumstances prevent a paper claims folder from being returned to the Board within this time frame, submit an extension request to the BVA File Transfer Mailbox.

7.F.5.d.  Receiving a Change of Address After Certification and Transfer
 
If a change of address is received after certification or transfer, ensure the address is updated in the electronic claims system and VACOLS.
 
References:  For more information on updating the appellant’s address in

7.F.5.e.  Guidelines for Changing Representation After Certification and Transfer
 
An appellant may submit a request for a change in representation
  • within 90 days from the mailing of notice that an appeal has been certified to the Board, or
  • until the date the appellate decision is made by the Board, whichever comes first. 
After this time period, the Board may permit a change in representation for good cause.
 
Important:  The Board will determine if the request to change representatives can be accepted.
 
Reference:  For more information on requests for change in representation, see 38 CFR 20.1304.

7.F.5.f.  Receiving a Change in Representation After Certification and Transfer
 
If the RO receives notice of the appointment by the appellant of a new representative after certification and transfer of the appeal to the Board, send the request for a change in representation directly to the Board.
 
Note:  If the Board approves the change in representation, the RO must
  • update the appropriate electronic systems to reflect the new power of attorney code, and
  • upload a copy to the eFolder or keep a photocopy for the drop file pending return of the paper claims folder, if applicable. 
References:  For more information on

7.F.5.g.  Guidelines for Requesting a Hearing After Certification and Transfer
 
An appellant may submit a request for a hearing on an appeal
  • within 90 days from the mailing of notice that an appeal has been certified and transferred to the Board, or
  • until the date the appellate decision is established by the Board, whichever comes first. 
Note: The Board will determine if a hearing can be scheduled.
 
Reference:  For more information on guidelines for requesting a hearing after certification and transfer, see 38 CFR 20.1305.
 

7.F.5.h.  Receiving a Request for a Hearing After Certification and Transfer
 
Follow the instructions in the table below to forward requests for hearings to the Board after certification of an appeal.
 
If the hearing request is …
Then …
received as paper mail
package and ship the mail to the scanning vendor
received in the CM portal
follow the procedures in M21-1, Part II, Subpart iii, 3.A.2.a.
 
Reference:  For more information on receiving a request for a hearing after certification and transfer, see 38 CFR 20.1305.
 
 

6.  Advancing a Case on the Board Docket

 
 

Introduction
 
This topic contains information on advancing a case on the Board docket, including

Change Date
 
 May 27, 2022

7.F.6.a.  Reasons for Advancing a Case on the Board Docket  
 
Generally, the Board considers cases in the order of their placement on the docket.  However, 38 U.S.C. 7107 allows a case to advance on the docket for good cause.
 
In this situation, good cause includes, but is not limited to
  • an appellant’s
    • serious illness
    • advanced age
    • extreme financial hardship, and/or
    • administrative error
  • matters concerning an interpretation of a law that, when generally applied, may affect the claims of other Veterans and/or their dependents. 
Important:  The Board determines whether good cause exists to warrant advancing a case on the docket.
 
Note:  Status as a former prisoner of war, by itself, is not a sufficient cause for requesting an advance on the docket.
 
Reference:  For more information on grounds for advancing a case on the Board docket, see 38 CFR 20.902(c).

7.F.6.b.  Processing an Advanced Motion From an Appellant or Representative
 
When an appellant or their representative requests an advance on the Board docket, the DROCM, VSCM, or PMCM should follow the steps in the table below.
 
If the advance on docket request is received …
Then …
prior to certification of the appeal to the Board
  • review the request for good cause based on the provisions of M21-5, Chapter 7, Section F.6.a
  • decide whether expeditious treatment and certification to the Board is warranted, and
  • if the appeal should be expedited for certification to the Board, then
    • arrange for expeditious processing and certification of the appeal
    • prepare a letter to the Chairman of the Board requesting an advance on the docket, and
    • attach the appellant’s motion to the letter.
after certification of the appeal to the Board
 
Important:  The letter to the Chairman of the Board should briefly reference the motion to advance.  Do not include a detailed explanation of the reasons for the request.
 
Reference:  For more information on certification of an appeal to the Board, see M21-5, Chapter 7, Section F.3.

7.F.6.c.  Forwarding an Advanced Motion From an Appellant or Representative
 
Use the table below to forward the motion to the Board when the appellant or their representative requests earlier consideration by the Board.
 
If the appeal is …
Then …
  • in VBMS, or
  • paper and in Board custody
follow the procedures for processing mail for appeals in M21-5, Chapter 7, Section F.5.a.
paper and not in Board custody, regardless of jurisdictional authority
  • photocopy the motion
  • annotate the motion document as Copy to BVA
  • initial and date the annotation
  • return the claims folder to the appropriate activity, and
  • follow the procedures for processing mail for appeals in M21-5, Chapter 7, Section F.5.a.
 
 
 

7.  Board Points of Contact

 

Introduction
 
This topic contains information on Board points of contact, including

Change Date
 
 March 2, 2020

7.F.7.a. Phone Number for Checking the Status of Appeals
 
Check the status of appeals at the Board by calling the Status Call line at (800) 923-8387 or (800) 827-1000.

7.F.7.b.
Board Points of Contact
 
When contacting the Board, follow the chart below:
For… Contact…
Regional Office Requests email BVAFieldRepresentative@va.gov
Board Hearing Information

email BVAHearingTeamHotline@va.gov

or telephone (202) 382-4610
 
Note:  The Board no longer assigns appeal support based on region or area.  RO personnel may contact any of the provided Board points of contact.
 
 

8.  Exhibit 1:  Appeals In-Process Checklist

 
 

Introduction
 
This exhibit contains the checklist VBA personnel may complete to verify actions taken during the processing of an appeal.
 

Change Date

  
 March 2, 2020

7.F.8.a.    Appeals In-Process Checklist
 
The Appeals In-Process Checklist may be used to verify actions taken during the processing of an appeal.  All information and dates must match the data in VACOLS.
 

9.  Exhibit 2:  Appeal Certification to the Board Worksheet

 
 

Introduction
 
This exhibit contains the certification worksheet that may be used with each appeal prior to certification to the Board.

Change Date

  
 May 14, 2020

7.F.9.a.  Appeal Certification to the Board Worksheet
 
The Appeal Certification to the Board Worksheet may be used to certify an appeal to the Board.  All information and dates must match the data in VACOLS.
 

10.  Exhibit 3:  Checklist for Transfer of Certified Appeals to the Board

 
 

Change Date

  
 May 14, 2020

7.F.10.a.  Appeals Checklist for Transferring Certified Appeals to the Board