M21-1 Manual / Part VI, Subpart i, Chapter 1, Section B
Decision Notices
M21-1, Part VI, Subpart i, Chapter 1, Section B
Overview
In This Section | This section contains the following topics:
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1. Notification Requirements
Introduction | This topic contains information on notification requirements, including
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Change Date | March 26, 2025 |
VI.i.1.B.1.a. Notifying a Claimant or Beneficiary of a Potentially Adverse Decision | In most cases, the Department of Veterans Affairs (VA) must give claimants or beneficiaries advance notice of a decision that might adversely affect them. The legal term for this is “due process.” Decisions that may require advance notice include, but are not limited to, those involving the
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VI.i.1.B.1.b. Decision Notice Requirements | After making a decision on a claim, prepare a decision notice thatindependently, or in combination with its enclosures (such as a rating decision or administrative decision),
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VI.i.1.B.1.c. Failure to Issue a Decision Notice | If a regional office (RO) decides a claim but fails to notify the claimant of the decision, the claim remains open, legally, even if the RO clears the corresponding end product (EP). Under such circumstances, if VA denied entitlement to a benefit, failed to notify the claimant of the denial, and then granted entitlement to the same benefit years later, the claimant might be entitled to benefits retroactive to the initial date of claim, because the decision on the initial claim never became binding.In order to avoid the situation described in the preceding paragraph, claims processors must follow the
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VI.i.1.B.1.d. Requirement to Use a Single Decision Notice | Use a single decision notice to notify a claimant of a VA decision, even if the decision involves both an award and a denial of benefits. Important: All decision notices must meet the requirements of M21-1, Part VI, Subpart i, 1.B.1.b in accordance with 38 CFR 3.103(f). Examples: The following illustrate decisions that involve both an award and a denial of benefits:
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VI.i.1.B.1.e. Rules for Preparing a Decision Notice | When preparing a decision notice
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VI.i.1.B.1.f. Requirement to Provide a Summary of Evidence in a Decision Notice | Claims processors must summarize (for the benefit of the claimant) the evidence VA considered in reaching a decision in the corresponding decision notice. Notes:
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VI.i.1.B.1.g. Rules for Summarizing Evidence in a Decision Notice | When formulating a summarized list of relevant evidence for inclusion in the decision notice,
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VI.i.1.B.1.h. Rules for Providing the Reason(s) for a Decision in a Decision Notice | The table below describes the action claims processors must take to meet the requirement to provide in a decision notice the reason(s) for a decision.
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VI.i.1.B.1.i. Denials of Entitlement to One Benefit That Imply a Denial of Entitlement to Other Benefits | There is no requirement to specifically address in a decision notice the issue of entitlement to additional benefits for one or more dependents if VA ultimately denies the underlying claim for disability or survivors benefits. Example: Scenario: A Veteran submits an original claim for SC for six disabilities and additional compensation for a spouse and minor child. The rating activity subsequently renders a decision denying SC for all six disabilities. Result: The associated decision notice must adequately communicate the denial of SC for the six disabilities but need not separately or specifically address entitlement to (or summarize evidence submitted in support of a claim for) additional compensation for dependents. Rationale: The decision to deny SC carries with it an implied denial of additional compensation for dependents. It is reasonable to conclude the Veteran comprehends that a principal denial of disability compensation precludes entitlement to additional compensation for dependents. Reference: For information on handling claims for additional compensation for dependents from Veterans with a combined disability rating that is less than 30 percent, see M21-1, Part VII, Subpart i, 1.A.4.c. |
VI.i.1.B.1.j. Providing Review Rights in a Decision Notice | To meet the requirement to provide review rights in a decision notice,
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VI.i.1.B.1.k. Notifying Claimants of Potential Entitlement to Additional Benefits | When preparing a decision notice, notify the claimant of any additional benefit(s) to which potential entitlement exists and, if applicable, the form or website available for applying for the benefit(s).The table below lists
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VI.i.1.B.1.l. Other Decision-Related Issues to Consider | The table below lists
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VI.i.1.B.1.m. Steps to Follow After Preparing a Decision Notice | After preparing a decision notice,
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VI.i.1.B.1.n. Erroneous Notification of SC | If VA mistakenly notifies a claimant that it has established SC for a claimed disability then later corrects the notice to state VA denied SC, the decision review period begins on the date VA sent the corrected decision notice to the claimant.Important: The Supreme Court held in OPM v. Richmond, 496 U.S. 414 (1990) thatpayments of money from the Federal Treasury are limited to those authorized by statute, and erroneous advice given by a Government employee to a benefit claimant cannot stop the Government from denying benefits not otherwise permitted by law.Note: Since the rating decision is not in question, the
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VI.i.1.B.1.o. Restrictions Placed on the Disclosure of Draft Rating Decisions | Draft rating decisions and decision notices are not intended to be binding on VA and must not be shared with or transmitted to VA claimants or beneficiaries. Important: ROs and call centers must ensure that decisions and notices that have not yet been finalized are not provided or communicated to claimants. Reference: For more information on the binding nature of decisions, see 38 CFR 3.104. |
VI.i.1.B.1.p. Forgoing Notice of Backfill Rating Decisions | Do not prepare or release a decision notice or rating decision that is generated solely for the purpose of
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2. Decision Notices Containing FTI
Introduction | This topic contains information about decision notices containing FTI, including
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Change Date | March 26, 2025 |
VI.i.1.B.2.a. Protecting FTI | Agencies or agents that legally receive FTI directly from the Internal Revenue Service, or secondary sources such as the Social Security Administration, must have adequate programs in place to protect the data received. Reference: For more information on safeguarding FTI, see M21-1, Part XIV, 4.B. |
VI.i.1.B.2.b. Process for Handling Decision Notices Containing FTI | The table below describes the process for handling decision notices that contain FTI.
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3. Decision Notices Prepared Using the RADL Process
Introduction | This topic contains information on decision notices generated using RADL, including
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Change Date | March 26, 2025 |
VI.i.1.B.3.a. Overview of RADL | The RADL functionality within the VBMS – Awards (VBMS-A) provides for the automated generation of decision notices. Rules-based logic inserts into decision notices system-generated language based on the specific decision(s) VA made on a claim. The use of system-generated language allows for the standardization of decision notices, while streamlining the process for the end-user. Important:
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VI.i.1.B.3.b. Types of Decisions for Which Claims Processors May Use RADL to Generate a Decision Notice | Claims processors may use RADL to generate a decision notice for the following types of decisions:
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VI.i.1.B.3.c. Types of Decisions for Which Claims Processors May Not Use RADL to Generate a Decision Notice | Claims processors may not use RADL to generate decision notices for the following types of decisions:
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VI.i.1.B.3.d. Sections of a RADL-Generated Decision Notice | The table below describes the purpose/content of individual sections of a RADL-generated decision notice.
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VI.i.1.B.3.e. Using RADL to Prepare a Decision Notice in VBMS-A | Follow the steps in the table below for using RADL to prepare a decision notice regarding a rating decision VA made.
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VI.i.1.B.3.f. Development Functionality Within RADL | Claims processors may use a feature within RADL that allows them to include in decision notices a request for
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VI.i.1.B.3.g. Soliciting Claims in a RADL-Generated Decision Notice | Follow the instructions in the VBMS Awards User Guide to solicit a claim in a RADL-generated decision notice. Reference: For more information about soliciting claims for chronic, unclaimed disabilities, see M21-1, Part II, Subpart iii, 2.G.2. |
VI.i.1.B.3.h. Including in a RADL-Generated Decision Notice a Summary of the Evidence the Authorization Activity Considered in Making a Decision | Follow the instructions in the VBMS Awards User Guide to include in a RADL-generated decision notice a summary of the evidence the authorization activity considered in making a decision (such as entitlement to additional benefits for a dependent). |
VI.i.1.B.3.i. Adding Free Text to a RADL-Generated Decision Notice | Follow the instructions in the VBMS Awards User Guide to add free text to a RADL-generated decision notice. Limit the use of free text to those situations in which
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4. Exhibit: Review Rights Language for PCGL When Notifying Claimants of a Decision on a Contested Claim
Change Date | April 18, 2022 |
VI.i.1.B.4.a. Review Rights Language for Notifying Claimants of a Decision on a Contested Claim | Paragraphs addressing review rights for decisions on contested claims are shown below.
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Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VI, Subpart i, Chapter 1, Section B (U.S. government work, reproduced for reference). Browse all sections →