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

ICR 202111-2900-002

OMB: 2900-0674

Federal Form Document

Forms and Documents
ICR Details
2900-0674 202111-2900-002
Received in OIRA 201805-2900-009
VA 2900-0674
Notice of Disagreement (NOD)/Appeal to the Board of Veterans' Appeals
Revision of a currently approved collection   No
Regular 01/28/2022
  Requested Previously Approved
36 Months From Approved 02/28/2022
126,000 168,800
64,805 146,365
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).

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

  86 FR 63107 11/15/2021
87 FR 4718 01/28/2022
Yes

  Total Request 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 126,000 168,800 0 -42,800 0 0
Annual Time Burden (Hours) 64,805 146,365 0 -81,560 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
Yes
Miscellaneous Actions
The burden has decreased since the previous approval due to a variety of factors. Most notably, the prior submission included the nonstandard legacy Notice of Disagreement while this submission does not. Consistent with the implementation of the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) on February 19, 2019, and the continuing wind-down of legacy appeals, the Board does not seek to renew the prior nonstandard legacy Notice of Disagreement in this information collection. Likewise additional changes in burden hours are consistent with the wind-down of legacy appeals following implementation of the AMA. A growing majority of appeals are submitted to the Board through filing a VA Form 10182 (an AMA form) which takes less time to complete than the VA Form 9, a legacy appeals form.

$5,919,517
No
    No
    No
No
No
No
No
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.
01/28/2022


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