VA has a legal duty to notify you at several key points in the claims process. When you file a claim, VA must send you a notice explaining what evidence is needed to establish your claim, what evidence VA will obtain on your behalf, and what evidence you are responsible for providing. This notice is part of the duty to assist and is intended to make sure you understand what is needed to support your claim. When VA makes a decision on your claim, you must receive a written notification that includes the decision itself, the reasons and bases for the decision, and information about your appeal rights and deadlines. The notification must be specific enough for you to understand why your claim was granted or denied and what you can do if you disagree. If VA proposes to reduce your rating, you must receive a proposed reduction notice with 60 days to respond before the reduction takes effect. If VA proposes to find you incompetent, you must receive similar notice and opportunity to respond. Failure to provide adequate notice can be grounds for challenging a VA decision. If you were denied a claim and did not receive proper notice of the evidence needed, or if your decision letter does not adequately explain the reasons for the denial, raise this issue in your appeal. Inadequate notice is a procedural error that can result in the decision being overturned.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).