Appellate review of the denial of VA
benefits may only be initiated by filing a Notice of Disagreement
with the Board. 38 U.S.C. 7105(a). The VA Form 9, "Appeal to Board
of Veterans' Appeals," is required to complete a legacy appeal to
the Board. The completed form becomes the "substantive appeal" (or
"formal appeal"), which is required by 38 U.S.C. 7105(a) and (d)(3)
in order to complete an appeal to the Board. Additionally, the
proposed information collections allow for withdrawal of services
by a representative, requests for changes in hearing dates and
methods under 38 U.S.C.7107, and motions for reconsideration
pursuant to 38 U.S.C. 7103(a). The Board is requesting to revise
the currently approved OMB Control No. 2900-0674, adding four
information collections previously approved under OMB Control No.
2900-0085, and one new information collection. Revised Control No.
2900-0674 would contain all appeals-related information collections
for the legacy and new systems. 2900-0085 will be discontinued upon
approval of this request to renew 2900-0674.
US Code:
38 USC 7105(a) and (d)(3) Name of Law: Filing of notice of
disagreement and appeal
US Code: 38
USC 7107 Name of Law: Appeals; dockets; hearings
US Code: 38
USC 7103(a) Name of Law: Reconsideration; correction of obvious
errors
US Code:
38 USC 7104(e)(2) Name of Law: Jurisdiction of the Board
As amended by the Veterans
Appeals Improvement and Modernization Act of 2017, appellate review
of the denial of VA benefits may only be initiated by filing a
Notice of Disagreement with the Board. 38 U.S.C. § 7105(a);
proposed 38 C.F.R. § 20.202. To be accepted by the Board as an
appeal, the Notice of Disagreement must be in a form prescribed by
VA, identify the specific determination with which the claimant
disagrees, and must indicate if the claimant requests to have a
hearing before the Board, an opportunity to submit additional
evidence, or neither. 38 U.S.C. § 7105(b)(2). The Jeff Miller and
Richard Blumenthal Veterans Health Care and Benefits Improvement
Act of 2016, Pub. L. 114-315, amends 38 U.S.C. § 7107 to establish
the Board’s authority, upon request for a hearing, to determine
what type of hearing it will provide an appellant, while affording
the appellant the opportunity to request an alternative type of
hearing once the Board makes its initial determination. 4 Forms
that are now included:
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement) (New)
Supporting Statement_2900-0674 (NOD) 2018 (2).docx
30-day FRN 2900-0674.pdf
Decision Review Request: Board Appeal (Notice of Disagreement) (New)