M21-1 Manual  /  Part II, Subpart iii, Chapter 2, Section E

Incorrectly Established Claims

M21-1, Part II, Subpart iii, Chapter 2, Section E

Overview

In This Section

This section contains the following topics:
TopicTopic Name
1Incorrectly Established Claims Identification and Notification
2Handling Incorrectly Established Claims
3Receipt of Claims in Response to Incorrectly Established Claims

1. Incorrectly Established Claims Identification and Notification

Introduction

This topic contains guidance for identifying and notifying claimants of incorrectly established claims, including
  • how to identify an incorrectly established claim, and
  • information to provide the claimant or authorized representative

Change Date

July 16, 2025

II.iii.2.E.1.a. How to Identify an Incorrectly Established Claim

As stated in M21-1, Part II, Subpart iii, 1.A.1.a effective March 24, 2015, the Department of Veterans Affairs (VA) will only recognize compensation, pension, survivors, and related claims if they are submitted on the required standard forms. The term “incorrectly established claim” refers to a request for benefits not submitted on a prescribed form that was received and
  • established and processed under a new end product (EP), or
  • added to an existing EP and processed.
In situations where a claim was incorrectly established based on receipt of a request for benefits not submitted on a prescribed form, corrective action is needed as described in this topic. Note: These instructions do not apply to a request for application that was misidentified as a claim but has not had development initiated. For these situations, follow the guidance in M21-1, Part II, Subpart iii, 2.G.

II.iii.2.E.1.b. Information to Provide the Claimant or Authorized Representative

Upon identification of a claim that has been established improperly due to non-receipt of a prescribed form, take action to resolve the issue. The claims processor must inform the claimant and/or authorized representative
  • that the request for benefits was incorrectly accepted as a claim, and VA regulations require that all claims must be submitted on a prescribed form effective March 24, 2015
  • which issues or conditions cannot be considered a valid claim
  • which form to submit
  • that VA will not continue to process a pending request for benefits until a complete claim is received on a prescribed form
  • of the timeframe the claimant has to submit a prescribed form, if an active intent to file (ITF) is pending, and
  • of expedited claims submission options such as
    • filing the claim using a VA claims submission service website, or
    • submitting a claim through their Veterans service organization.

2. Handling Incorrectly Established Claims

Introduction

This topic contains miscellaneous information about claims for VA benefits, including
  • determining what steps to take to take to address the incorrectly established claim
  • instructions for addressing incorrectly established single contention EPs when a decision
    • has not been made, and
    • has been made
  • instructions for addressing incorrectly established contentions on a valid EP when a decision
    • has not been made, and
    • has been made, and
  • disagreements received on incorrectly added and decided claims.

Change Date

May 18, 2026

II.iii.2.E.2.a. Determining What Steps to Take to Address the Incorrectly Established Claim

Refer to the table below to determine the steps for addressing an incorrectly established claim.
If the incorrectly established claim …And …Then refer to …
is the only contention on the EPhas not been addressed in a rating decisionM21-1, Part II, Subpart iii, 2.E.2.b.
has been addressed in a rating decisionM21-1, Part II, Subpart iii, 2.E.2.c.
is a contention on a pending EP with other valid contentionshas not been addressed in a rating decisionM21-1, Part II, Subpart iii, 2.E.2.d.
has been addressed in a rating decisionM21-1, Part II, Subpart iii, 2.E.2.e.

II.iii.2.E.2.b. Instructions for Addressing Incorrectly Established Single Contention EPs When a Decision Has Not Been Made

Follow the steps in the table below to address requests for benefits that were incorrectly established as an EP and a decision has not been made.
StepAction
1Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending?
  • If yes,
2Determine how VA received the request for benefits. If the request for benefits was received through
  • centralized mail (CM), go to Step 3, or
  • telephone or in-person contact with a VA representative,
    • establish an ITF effective the date of the contact, and
    • go to Step 3.
3Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative?
  • If yes, call, e-mail, or if co-located at the regional office (RO), meet the authorized representative in person.
  • If no, call the claimant.
If attempts to contact are
  • successful, wait two business days for receipt of the complete claim on a prescribed form, then go to the next step, or
  • unsuccessful, go to the next step.
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820, Report of General Information, and included in the claims folder. All e-mail correspondence must be included in the claims folder.
4Has a complete claim been received since the establishment of the invalid EP?
  • If yes,
    • change the invalid EP to EP 400, General Correspondence
    • clear the EP 400
    • establish a new EP (ex. EP 020) with a date of claim (DOC) based on receipt of the complete claim, and
    • finish development of the complete claim under the new EP.
  • If no, go to the next step.
5Determine which form the claimant must submit to pursue the claim and follow the instructions in the table below.
If the correct form is a(n) ...Then ...
VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits
  • change the invalid EP to EP 400, General Correspondence
  • send the Incorrectly Established Claim letter, and
  • clear the EP 400.
Important: If the invalid EP is an Appeals Modernization Act EP, cancel the EP and establish the EP 400, General Correspondence, and complete the remaining steps above.
decision review form
  • change the invalid EP to EP 400, Request for Application - Manual
  • send the AMA Request for Application letter inputting the following free text in the PREVIOUSLY DENIED ISSUES text field:
[incorrectly established issue(s)]. “Please disregard our prior correspondence regarding these issues. In order for us to adjudicate your request for benefits, you must submit an application. We apologize for any confusion this may have caused.”, and
  • clear the EP 400.
Reference: For more information on when a previously decided issue requires a decision review claim form, see M21-1, Part X, Subpart ii, 2.A.1.b.

II.iii.2.E.2.c. Instructions for Addressing Incorrectly Established Single Contention EPs When a Decision Has Been Made

Follow the steps in the table below to address requests for benefits that were incorrectly established as an EP, when a decision has been made.
StepAction
1Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending?
  • If yes,
    • ensure that the ITF status is correctly reflected in the claimant corporate record
    • submit requests to correct an ITF status to the ESD, and
    • go to Step 3.
  • If no, go to Step 2.
References: For more information on
2Determine how VA received the request for benefits. If the request for benefits was received through
  • CM, go to Step 3, or
  • telephone or in-person contact with a VA representative,
    • establish an ITF effective the date of the contact, and
    • go to Step 3.
3Has the rating decision that addressed the incorrectly established claim been promulgated and authorized?
  • If yes, go to Step 4.
  • If no,
    • return the case to the rating activity, and
    • the rating activity will
      • pull the rating back into Veterans Benefits Management System-Rating (VBMS-R) for corrections
      • delete the issues that were invalid to ensure the conditions are removed from the master record
      • return the rating with update
      • follow the instructions in M21-1, Part II, Subpart ii, 2.A.2.b to request deletion of the rating decision Narrative and Codesheet, and
      • route the case to the development activity to complete the actions in M21-1, Part II, Subpart iii, 2.E.2.b beginning with Step 3.
4Review the claimant’s record to determine if a complete claim has been received and a valid EP is pending.
If a complete claim ...and the invalid EP …Then ...
has been received since the establishment of the invalid EPis still pending
  • change the invalid EP to the appropriate variant of EP 930 – Correction of National Quality Error
  • establish a new EP with a DOC based on receipt of the complete claim, and
  • finish development of the complete claim under the new EP.
has been cleared and the current EP is controlling a valid claim
  • establish the appropriate variant of EP 930 – Correction of National Quality Error, and
  • leave a permanent VBMS note explaining why the EP 930 is being established and associate the note with the EP 930.
has not been receivedis still pendingchange the invalid EP to the appropriate variant of EP 930 – Correction of National Quality Error.
has been cleared
  • establish the appropriate variant of EP 930 – Correction of National Quality Error, and
  • leave a permanent VBMS note explaining why the EP 930 is being established and associate the note with the EP 930.
Note: For corrections identified at the RO level, use the appropriate variant of EP 930 - Correction of Local Quality Error. Reference: For more information on associating a permanent note to an EP, see
5Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative?
  • If yes, call, e-mail, or if co-located at the RO, meet the authorized representative in person.
  • If no, call the claimant.
If attempts to contact are
  • successful, wait two business days for receipt of the complete claim on a prescribed form, then go to the next step, or
  • unsuccessful, go to Step 7.
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder.
6Review the claimant’s record to determine if a complete claim has been received in response to the actions taken in Step 5.
If a complete claim ...Then ...
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form
  • update the EP 930 contention list with the issues/conditions
  • edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment, and
  • clear the EP 930. No further action is required for addressing the incorrect claims.
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form and includesnew issues or contentions
  • update the EP 930 contention list with the issues/conditions
  • edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment with new issues
  • process the new issues or conditions under the appropriate EP, establishing one if necessary, and
  • clear the EP 930. No further action is required for addressing the incorrect claims.
has not been receivedgo to Step 7.
7Create the Incorrectly Adjudicated Claim letter, and
  • attach the required form(s)
  • send the letter to the claimant, and
  • clear the EP 930.

II.iii.2.E.2.d. Instructions for Addressing Incorrectly Established Contentions on a Valid EP When a Decision Has Not Been Made

Follow the steps in the table below to address requests for benefits that were incorrectly added to a valid EP and a decision has not been made.
StepAction
1Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP.Was an active ITF pending?
  • If yes,
    • ensure that the ITF status is correctly reflected in the claimant corporate record
    • submit requests to correct an ITF status to ESD, and
    • go to Step 3.
  • If no, go to Step 2.
References: For more information on
2Determine how VA received the request for benefits. If the request for benefits was received through
  • CM, go to Step 3, or
  • telephone or in-person contact with a VA representative,
    • establish an ITF effective the date of the contact, and
    • go to Step 3.
3Remove the issues or conditions from the pending EP and establish EP 400 - General Correspondence to track the actions taken in Steps 4 and 5.
4Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative?
  • If yes, call, e-mail, or if co-located at the RO, meet the authorized representative in person.
  • If no, call the claimant.
If attempts to contact are
  • successful, wait two business days for receipt of the complete claim, then go to the next step, or
  • unsuccessful, go to the next step.
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder.
5Has a complete claim for the previously identified issues or conditions been received?
  • If yes,
    • add the issues or conditions to the pending rating EP, and
    • continue processing the claim.
  • If no,
    • send the Incorrectly Established Claim letter, and
    • clear the EP 400.

II.iii.2.E.2.e. Instructions for Addressing Incorrectly Established Contentions on a Valid EP When a Decision Has Been Made

Follow the steps in the table below to address requests for benefits that were incorrectly added to a valid EP and a decision was made.
StepAction
1Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP.Was an active ITF pending?
  • If yes,
    • ensure that the ITF status is correctly reflected in the claimant corporate record
    • submit requests to correct an ITF status to ESD, and
    • go to Step 3.
  • If no, go to Step 2.
References: For more information on
2Determine how VA received the request for benefits. If the request for benefits was received through
  • CM, go to Step 3, or
  • telephone or in-person contact with a VA representative,
    • establish an ITF effective the date of the contact, and
    • go to Step 3.
3Has the rating decision that addressed the incorrectly added contention(s) been promulgated and authorized?
  • If yes, go to Step 4.
  • If no,
    • return the case to the rating activity, and
    • the rating activity will
      • pull the rating back into VBMS-R for corrections
      • delete the issues that were invalid to ensure the conditions are removed from the master record
      • return the rating with update
      • follow the instructions in M21-1, Part II, Subpart ii, 2.A.2.b to request deletion of the rating decision Narrative and Codesheet, and
      • route the case to the development activity to complete the actions in M21-1, Part II, Subpart iii, 2.E.2.b beginning with Step 3.
4Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b.Does the claimant have an authorized representative?
  • If yes, call, e-mail, or if co-located at the RO, meet the authorized representative in person.
  • If no, call the claimant.
If attempts to contact are
  • successful, wait two business days for receipt of the complete claim on a prescribed form, then go to the next step, or
  • unsuccessful, go to Step 7.
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder.
5Review the claimant’s record to determine if a complete claim on a prescribed form has been received and the valid EP the issues or conditions were erroneously adjudicated under is still pending.
If a complete claim ...and the valid EP …Then ...
has been receivedis still pending
  • add the issues or conditions back onto the EP
  • finish development of the complete claim as needed, and
  • go to Step 6.
has been cleared and the current EP has been established to control the receipt of the complete claim resulting from the actions in Step 4
  • change the EP to the appropriate variant of EP 930 – Correction of National Quality Error, and
  • leave a permanent VBMS note explaining why the EP is being changed to EP 930 and associate the note with the EP 930.
has not been receivedis still pendinggo to Step 6.
has been cleared
  • establish the appropriate variant of EP 930 – Correction of National Quality Error, and
  • leave a permanent VBMS note explaining why the EP 930 is being established and associate the note with the EP 930.
Note: For corrections identified at the RO level, use the appropriate variant of EP 930 - Correction of Local Quality Error. Reference: For more information on associating a permanent note to an EP, see M21-1, Part II, Subpart ii, 2.A.1.c.
6Review the claimant’s record to determine if a complete claim has been received in response to the actions taken in Step 4.
If a complete claim ...Then ...
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form
  • update the EP 930 contention list with the issues/conditions
  • edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment, and
  • clear the EP 930. No further action is required for addressing the incorrect claims.
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form and includesnew issues or contentions
  • update the EP 930 contention list with the issues/conditions
  • edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment with new issues
  • process the new issues or conditions under the appropriate EP, establishing one if necessary, and
  • clear the EP 930. No further action is required for addressing the incorrect claims.
has not been receivedgo to Step 7.
7Create the Incorrectly Adjudicated Claim letter, and
  • attach the required form(s)
  • send the letter to the claimant, and
  • clear the EP 930.
8If a claim is
  • received, follow the procedures in M21-1, Part II, Subpart iii, 2.E.3.a, or
  • not received, no further action is required.
Note: When a claimant fails to submit the prescribed form solicited in Step 7, do not take further action to revise any claim or issue that was decided without the proper submission of a prescribed claim form. Specifically, no further action is necessary to sever service connection or otherwise revise the prior decision unless the decision was otherwise erroneous.

II.iii.2.E.2.f. Disagreements Received on Incorrectly Added and Decided Claims

When a claimant has been notified of a decision, even when the decision was made without the claim having been submitted on a required prescribed form, accept any timely and otherwise appropriately submitted legacy appeal or decision review request on the decision. References: For more information on
  • legacy appeals, see M21-5, Chapter 7, and
  • decision review options, see 38 CFR 3.2500.

3. Receipt of Claims in Response to Incorrectly Established Claims Procedures


Change Date

June 24, 2021

II.iii.2.E.3.a. Receipt of a Prescribed Form in Response to Incorrect Claims Guidance After the EP 930 Has Been Cleared

When an RO receives a prescribed form in response to the incorrectly established claims guidance provided by M21-1, Part II, Subpart iii, 2.E.2 and the corrective EP 930 has already been cleared, the claims processor must determine if the EP established upon receipt of the form is still required.
If the prescribed form lists …Then ...
only the issues or conditions previously submitted on correspondence other than a prescribed form
  • edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment
  • leave a permanent note in VBMS indicating that the form was received in response to incorrect claim establishment guidance and no adjudication action is required, and
  • cancel the tracking EP.
new issues or contentions
  • edit the DOCUMENT PROPERTIES and change the SUBJECT of the claim document to response to Incorrect Claim Establishment with new issues
  • leave a permanent note in VBMS indicating that the form was received in response to incorrect claim establishment guidance but contains new issues or conditions for adjudication, and
  • process the new issues or conditions under the appropriate EP.
Important: Claims processors may be able to identify these forms by the phrase RO Request – Signature Needed written at the top of each page, however, not every form will state this.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part II, Subpart iii, Chapter 2, Section E (U.S. government work, reproduced for reference). Browse all sections →