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 (Feb. 20 VA Form 9 (Legacy) Form and Instruction	Modified
30-Day FedRegNotice-Published 1-28-2022.pdf Supplementary Document	2022-01-28
30-Day FedRegNotice (11-8-21).docx Supplementary Document	2022-01-25
Supporting Statement 2900-0674 (NOD) 2021.docx Supporting Statement A	2022-01-24
Electronic Option for VA Form 10182 (2021).docx Supplementary Document	2022-01-13
60-Day FedRegNotice (11-15-21).pdf Supplementary Document	2021-11-17
White Paper OMB Control No. 2900-0674 (2021).docx Supplementary Document	2021-11-07

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)	Removed
234852	Motions for Reconsideration	Modified
234851	Requests for Change to Hearing Dates or Methods	Modified
234850	Withdrawal of Services by Representative	Modified
234849	VA Form 9 (Legacy) Form and Instruction	Modified

ICR Details

OMB Control No: 2900-0674	ICR Reference No: 202111-2900-002
Status: Received in OIRA	Previous ICR Reference No: 201805-2900-009
Agency/Subagency: VA	Agency Tracking No: 2900-0674
Title: Notice of Disagreement (NOD)/Appeal to the Board of Veterans' Appeals
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/28/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2022
Responses	126,000	168,800
Time Burden (Hours)	64,805	146,365
Cost Burden (Dollars)	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).

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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:
	86 FR 63107	11/15/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 4718	01/28/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Decision Review Request: Board Appeal (Notice of Disagreement) (New)	VA Form 10182	Decision Review Request: Board Appeal (Notice of Disagreement
Motions for Reconsideration
Notice of Disagreement (Legacy)
Requests for Change to Hearing Dates or Methods
VA Form 9 (Legacy)	VA Form 9 (Feb. 2019)	Appeal to Board of Veterans' Appeals
Withdrawal of Services by Representative

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ICR Summary of Burden

	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

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: Miscellaneous Actions

Short Statement: 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.

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Annual Cost to Federal Government: $5,919,517

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? No

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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: 01/28/2022

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