View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2900-0674
ICR Reference No:
202502-2900-012
Status:
Active
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
OIRA Conclusion Action:
Approved with change
Conclusion Date:
04/10/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/06/2025
Terms of Clearance:
OMB is approving this information collection request for a period of three years during which time the agency will request approval to extend or revise the collection if the agency seeks to continue the information collection activity beyond the period approved under this action.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2028
36 Months From Approved
04/30/2025
Responses
119,800
0
126,000
Time Burden (Hours)
60,305
0
64,805
Cost Burden (Dollars)
0
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 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
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
Agency Contact:
Sue Hamlin 202 632-5100 Sue.hamlin@va.gov
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
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