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) Form	Modified
Form VA Form 9 VA Form 9 (Legacy) Form and Instruction	Modified
30-Day FRN_2900-0674_published 03.06.2024.pdf Supplementary Document	2025-03-06
SSA_2900-0764_updated 03062025.docx Supporting Statement A	2025-03-06
60-Day FRN Published 12.16.2024.pdf Supplementary Document	2025-02-28

IC Document Collections

IC ID	Document Title	Status
28952	Decision Review Request: Board Appeal (Notice of Disagreement) Form	Modified
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: 202502-2900-012
Status: Received in OIRA	Previous ICR Reference No: 202111-2900-002
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: 03/06/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2025
Responses	119,800	126,000
Time Burden (Hours)	60,305	64,805
Cost Burden (Dollars)	0	0

---

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).

---

Authorizing Statute(s): 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
   US Code: 38 USC 7105(a) and (d)(3) Name of Law: Filing of notice of disagreement and appeal
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 101691	12/16/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 11461	03/06/2025
Did the Agency receive public comments on this ICR? Yes

---

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

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

---

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	119,800	126,000	0	-6,200	0	0
Annual Time Burden (Hours)	60,305	64,805	0	-4,500	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 Board is requesting to revise the currently approved OMB Control No. 2900-0674 as there has been a decrease in the estimated number of respondents and annual burden. There has been a decrease in the use of the VA Form 9 Appeal to the Board of Veterans’ Appeals, as the VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement) is required to initiate Board review of decisions issued on or after February 19, 2019. Consequently, the majority of incoming appeals at the Board are governed by the AMA; therefore, the estimated number of respondents who utilize the VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement) has been adjusted accordingly.

---

Annual Cost to Federal Government: $6,690,526

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

---

Common Form ICR:  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:

(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: 03/06/2025

---