Notice of Disagreement (NOD)/Appeal to the Board of Veterans' Appeals

ICR 201805-2900-009

OMB: 2900-0674

Federal Form Document

Forms and Documents
Document
Name
Status
Form
Modified
Form and Instruction
New
Supporting Statement A
2019-02-08
Supplementary Document
2018-11-19
Supplementary Document
2018-09-29
ICR Details
2900-0674 201805-2900-009
Active 201412-2900-006
VA 2900-0674
Notice of Disagreement (NOD)/Appeal to the Board of Veterans' Appeals
Reinstatement with change of a previously approved collection   No
Regular
Approved with change 02/08/2019
Retrieve Notice of Action (NOA) 12/14/2018
  Inventory as of this Action Requested Previously Approved
02/28/2022 36 Months From Approved
168,800 0 0
146,365 0 0
0 0 0

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
  
None

Not associated with rulemaking

  83 FR 42769 08/23/2018
83 FR 56918 11/14/2018
Yes

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 168,800 0 0 46,313 0 122,487
Annual Time Burden (Hours) 146,365 0 0 23,878 0 122,487
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
Yes
Using Information Technology
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:

$10,008,479
No
    No
    No
No
No
No
Uncollected
Sue Hamlin 202 632-5100 Sue.hamlin@va.gov

  No

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.
12/14/2018


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