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

Forms and Documents

Document Name	Status
Form VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement) (New) Form	Modified
Form VA Form 9 VA Form 9 (Legacy) Form and Instruction	New
Supporting Statement_2900-0674 (NOD) 2018 (2).docx Supporting Statement A	2019-02-08
30-day FRN 2900-0674.pdf Supplementary Document	2018-11-19
60 Day RN 2900-0674.pdf Supplementary Document	2018-09-29

IC Document Collections

IC ID	Document Title	Status
28952	Decision Review Request: Board Appeal (Notice of Disagreement) (New) Form	Modified
234863	Notice of Disagreement (Legacy)	New
234852	Motions for Reconsideration	New
234851	Requests for Change to Hearing Dates or Methods	New
234850	Withdrawal of Services by Representative	New
234849	VA Form 9 (Legacy) Form and Instruction	New

ICR Details

OMB Control No: 2900-0674	ICR Reference No: 201805-2900-009
Status: Active	Previous ICR Reference No: 201412-2900-006
Agency/Subagency: VA	Agency Tracking No: 2900-0674
Title: Notice of Disagreement (NOD)/Appeal to the Board of Veterans' Appeals
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/08/2019
	Date Received in OIRA: 12/14/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2022	36 Months From Approved
Responses	168,800	0	0
Time Burden (Hours)	146,365	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): 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
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 42769	08/23/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 56918	11/14/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
VA Form 9 (Legacy)	VA Form 9	Appeal to the Board of Veterans' Appeals
Requests for Change to Hearing Dates or Methods
Motions for Reconsideration
Withdrawal of Services by Representative
Notice of Disagreement (Legacy)
Decision Review Request: Board Appeal (Notice of Disagreement) (New)	VA Form 10182	Decision Review Request: Board Appeal (Notice of Disagreement)

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ICR Summary of Burden

	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

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Using Information Technology

Short Statement: 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:

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Annual Cost to Federal Government: $10,008,479

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/14/2018

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