SUPPORTING STATEMENT A
Notice of Disagreement: Appeal to the Board of Veterans’ Appeals
OMB Control Number
2900-0674
Summary:
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1. Explain the circumstances that make the collection of information necessary. Identify legal or administrative requirements that necessitate the collection of information.
VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) and
VA Form 9, Appeal to the Board of Veterans’ Appeals
The mission of the Board of Veterans’ Appeals (Board) is to conduct hearings and dispose of appeals properly before it in a timely manner. 38 U.S.C. § 7101. Following passage of the Veterans Appeals Improvement and Modernization Act of 2017 (AMA),1 the VA Form 10182, a Notice of Disagreement form, was created for use in the modernized review system. The VA Form 10182 is currently in use and was approved in the prior collection of information approved for OMB Control No. 2900-0674. The VA Form 10182 is used to appeal decisions by VA; to request a hearing before a Veterans Law Judge (VLJ); and to request the opportunity to submit evidence directly to the Board as part of an appeal. Under the modernized review system, the VA Form 10182 is required for claimants who receive notice of a VA decision issued on or after February 19, 2019, and who wish to appeal to the Board. Claimants who received notice of a VA decision before February 19, 2019, have remained in the legacy appeals system, unless they choose to opt into the modernized review system following the issuance of a Statement of the Case (SOC) or Supplemental Statement of the Case (SSOC) issued on or after February 19, 2019. Legacy appellants who do not opt into the modernized review system are required to use a VA Form 9 to complete their appeal to the Board.
Among other changes, the AMA requires claimants wishing to appeal a VA decision to the Board complete a VA Form 10182 and submit the completed form directly to the Board. 38 U.S.C. § 7105(a);2 38 C.F.R. § 20.202. 38 C.F.R. § 20.202(f) also provides claimants an opportunity to clarify a Notice of Disagreement if the form is not complete when initially submitted. To be accepted by the Board as a valid appeal, a Notice of Disagreement must be properly completed on the form prescribed by VA;3 identify the specific decision and issues with which the claimant disagrees; and 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 VA Form 10182 Notice of Disagreement allows appellants to request a hearing before the Board: (1) at the Board’s principal location (Central Office Hearing in Washington, D.C.); (2) by picture and voice transmission (Videoconference Hearing from the Regional Office); or (3) by virtual tele-hearing using an internet‑connected device of the claimant’s choosing. 38 C.F.R. § 20.2. Once notified of the method that VA will use to satisfy the appellant’s request, the appellant may make one request for a different method—a request that the Board will grant. 38 U.S.C. § 7107(c); 38 C.F.R. § 20.703(c), (d).
The VA Form 9, “Appeal to Board of Veterans’ Appeals,” is used 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) and 38 C.F.R. § 19.22 to complete an appeal to the Board in the legacy system. Under the legacy system, an appellant may request: (1) a Central Office hearing in Washington D.C.; (2) a live videoconference hearing at a local VA office; (3) a virtual tele-hearing using an internet‑connected device of the claimant’s choosing; (4) or a Travel Board hearing at a local VA office.
To effectuate the laws, the Board is requesting to renew and revise OMB Control No. 2900-0674. Control No. 2900-0674 contains all appeals-related information collections for the legacy and modernized review systems, with the exception of legacy appeals form VA Form 10-307, Program of Comprehensive Assistance for Family Caregivers Notice of Disagreement, which has been separately approved under OMB 2900-0894. No changes have been made to the previously approved VA Form 10182 or VA Form 9. The Board is seeking to revise the currently approved OMB Control No. 2900-0674, as there has been a decrease in the use of the VA Form 9. Because the VA Form 10182 is required to initiate Board review of decisions issued on or after February 19, 2019, the majority of incoming appeals at the Board are governed by the AMA. This has resulted in a decrease in the use of legacy forms; and it is expected that as legacy appeals continue to draw down, the use of the VA Form 9 will continue to decrease.
Withdrawal of Services by a Representative
Individuals who have received a decision on a claim for VA benefits, and who choose to appeal that decision to the Board, have the right to be represented. See 38 U.S.C. §§ 5901–5905. Appellants who appoint a representative depend upon that representative to protect their appellate interests. Additionally, VA looks to the representative for the completion of necessary representational services and is required to provide information concerning the status of the appellant’s appeal to the representative. See 38 U.S.C. § 7104(e)(2). To adequately protect an appellant’s due process rights, both the appellant and the Board must be notified when a representative seeks to withdraw from a case. 38 C.F.R. § 20.6. To protect appellants from the adverse consequences of being abandoned by their representative without good cause, representatives are required to file a motion seeking permission to withdraw representation prior to withdrawing from a case before the Board. 38 C.F.R. § 20.6.
Requests for Changes in Hearing Dates or Methods
VA will continue to provide hearings to appellants, as required by 38 U.S.C. § 7107. In legacy appeals, an appellant may request an optional Board hearing on their VA Form 9, Substantive Appeal. For appeals under the AMA, VA only accepts a request for a hearing when such request is received on a VA Form 10182 Notice of Disagreement— including by way of a request to amend a previously submitted Notice of Disagreement. 38 C.F.R. § 20.202(c)(2). Appellants may request to change their hearing dates and/or times and withdraw hearing requests by contacting the Board to inform VA of their intent. 38 C.F.R. § 20.704(c), (e).
Motions for Reconsideration
Pursuant to 38 U.S.C. § 7103(a), decisions by the Board are final “unless the Chairman orders reconsideration of the decision” either “on the Chairman’s initiative, or upon motion of a claimant.” To challenge the finality of a Board decision without appealing that decision to the United States Court of Appeals for Veterans Claims, appellants may file a motion for reconsideration with the Board. The procedures for filing a motion for reconsideration are set forth in 38 C.F.R. § 20.1002.
2. Indicate how, by whom, and for what purposes the information is to be used; indicate actual use the agency has made of the information received from current collection.
VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) and
VA Form 9, Appeal to the Board of Veterans’ Appeals
The respondents are claimants seeking to appeal a VA decision to the Board. To do so in the modernized review system, they must submit a VA Form 10182. To perfect an appeal in the legacy review system, they must submit a VA Form 9. The VA Form 10182 is included with the notice of a VA decision issued on or after February 19, 2019, and a VA Form 9 is attached to SOCs issued for ongoing legacy appeals. Both forms may be accessed online here: https://www.va.gov/find-forms/. Completed VA Forms 10182 may be mailed to the Board at its address as identified in 38 C.F.R. § 20.203, faxed to the Board, or submitted electronically to VA’s centralized mail portal. VA Forms 9 are processed by the VA office that issues the SOC, and instructions for submission of the VA Form 9 by mail, fax, or electronically are provided with the SOC. Both VA Forms 10182 and VA Forms 9 are completed and filed by either the claimant or their appointed representative. There are no invitations or other communications sent to the respondent associated with the information collection.
Once returned by the respondent, the
information collected will be used by the Board to identify the
issues in dispute that the claimant seeks to appeal, and to determine
whether the appeal is properly before the Board (e.g., to verify that
the Notice of Disagreement was adequately completed and timely
filed). Where a claimant presents arguments in a VA Form 10182 or VA
Form 9, the Board will consider and weigh these arguments when
adjudicating the appeal.
In addition, appeals to the Board will be adjudicated in the order in which they are received, but divided into separate “dockets.” AMA appeals will be assigned to a docket based on the hearing and evidence submission elections made on the VA Form 10182. Specifically: (1) appeals in which there is no request for the opportunity to submit additional evidence, or request for a hearing before a VLJ (Direct Review docket); (2) appeals in which there is a request for the opportunity to submit additional evidence, but no request for a hearing (Evidence Submission docket); and (3) appeals in which there is a request for both the opportunity to submit additional evidence and a hearing before a VLJ (Hearing docket). 38 U.S.C. § 7107(a); 38 C.F.R. § 20.800. Legacy appeals will be assigned to a separate docket. Under the AMA, the VA Form 10182 Notice of Disagreement is the only form that may be used to request a hearing before a VLJ, 38 C.F.R. § 20.202(c), and will be used by Board staff to determine the appellant’s intent to do so. Legacy appellants may request a hearing on the VA Form 9 or in a separate statement..
Withdrawal of Services by a Representative
The respondents are appointed representatives. Because this information is not required on a standard form, there is no specific format for providing this information to the Board. This information can be provided to the Board by mail or fax or may be submitted electronically to VA’s centralized mail portal. There are no invitations or other communications sent to the respondent associated with the information collection. Once returned by the respondent, the request to withdraw services is processed by the Board. 38 C.F.R. § 20.6. In processing this information, the Board will determine if withdrawal of services by a representative is appropriate. This information keeps both the appellant and VA apprised of an appellant’s representation and assists in protecting appellants from professionally unethical conduct by their representatives.
Requests for Changes in Hearing Dates or Methods
The respondents are appellants who have requested a hearing before the Board and wish to reschedule a hearing or change the method of Board hearing selected. As noted above, under the AMA, the VA Form 10182 Notice of Disagreement, is the only form that may be used to request a hearing before a VLJ, 38 C.F.R. § 20.202(c). However, requests for changes in the hearing date or method are not required to be on a standard form. There is no specific format for providing this information to the Board. This information can be provided to the Board by mail or fax or may be submitted electronically to VA’s centralized mail portal. There are no invitations or other communications sent to the respondent associated with the information collection. The information provided will be used by the Board to identify hearing requests, schedule hearings to meet those requests, make arrangements to reschedule hearings, and to fulfill requests for an alternative method of hearing.
Motions for Reconsideration
The respondents are appellants who have received a final Board decision on their appeals with which they disagree and would like the Board to reconsider. Because this information is not required on a standard form, there is no specific format for providing this information to the Board. This information can be provided to the Board by mail or fax or may be submitted electronically to VA’s centralized mail portal. Although notice of appellate rights is attached to all final Board decisions and these appellate rights provide instructions for filing motions for reconsideration, there are no invitations or other communications sent to the respondent associated with the information collection. The Chairman of the Board, or their designee, will use the information provided to decide whether a motion for reconsideration of a Board decision should be granted.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
The VA Form 10182 and VA Form 9 are available at the following web address: https://www.va.gov/find-forms/.
In addition to accepting all forms contained in this information collection by mail or fax, in 2021, the Board started accepting electronic submission of documents to VA’s centralized mail portal. That change allowed appellants and/or their appointed representative to submit documents without having to mail or fax the document to the Board. VA now provides several tools to assist in electronic submission. In 2021, approximately 12 percent of the responses in this information collection were submitted to the Board electronically. Currently, approximately 48 percent of responses in this information collection are submitted to the Board electronically.
The Board notes that many of the veterans and other appellants the Board serves may have limited access to internet services. Therefore, it is in the best interest of the Board in serving appellants to remain flexible by accepting submissions by mail and fax. Moreover, accepting submissions by mail is consistent with regulations that direct appellants to file correspondence at the Board’s mailing address. See 38 C.F.R. §§ 20.6, 20.203, 20.1002.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
The information obtained through this collection is unique and is not already available for use or adaptation from another cleared source.
5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
Some claimants’ representatives, small service organizations, or attorneys-at-law doing business as solo practitioners or at small firms, might qualify as small entities. However, the information requested is narrowly tailored to be the least required for the protection of a claimant’s rights and the fulfillment of statutory requirements, and the burden on these small entities will be minimal. Therefore, this information collection does not impose a significant economic impact on a substantial number of small businesses or entities.
6. Describe the consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
The frequency of the collection is once. As it is not possible for there to be a frequency less than once, the consequences of collecting at a frequency less than once would be that appellants would be unable to file the forms included in this information collection.
7. Explain any special circumstances that would cause an information collection to be conducted more often than quarterly or require respondents to prepare written responses to a collection of information in fewer than 30 days after receipt of it; submit more than an original and two copies of any document; retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years; in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study and require the use of a statistical data classification that has not been reviewed and approved by OMB.
This collection of information does not require collection to be conducted in a manner inconsistent with the guidelines delineated in 5 C.F.R. § 1320.5(d)(2).
8. a. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the sponsor’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the sponsor in responses to these comments. Specifically address comments received on cost and hour burden.
A 60-Day Federal Register Notice (FRN) for the collection published on Monday, December 16, 2024. The 60-Day FRN citation is 89 FR 101691. VA received one public comment on the 60-day FRN and is providing a response.
One comment was received during the 60-Day Comment Period. The commentor expressed general frustration with the filing requirements for VA benefits. The commentor did not identify any concerns with the currently approved VA Form 10182 or VA Form 9. Indeed, these previously approved forms are necessary for the Board to determine the decisions and issues being appealed; and they are narrowly tailored to protect a claimant’s rights while also fulfilling statutory requirements.
A 30-Day Federal Register Notice for the collection published on Thursday, March 6, 2025. The 30-Day FRN citation is 90 FR 11461.
b. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, clarity of instructions and recordkeeping, disclosure or reporting format, and on the data elements to be recorded, disclosed or reported. Explain any circumstances which preclude consultation every three years with representatives of those from whom information is to be obtained.
Outside consultation is conducted with the public through the 60- and 30-day Federal Register notices and as needed through consultation with Veterans Service Organizations.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
No payment or gift is provided to respondents.
10. Describe any assurance of privacy, to the extent permitted by law, provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
A Privacy Act Statement is included in the instructions section of VA Form 9 and VA Form 10182.
A System of Records Notice (SORN) for the Veterans Benefits Management System (VBMS) is currently published here: VBMS SORN. Information that appears in VBMS is also maintained in Caseflow, a web-based application that tracks both legacy and AMA appeals. However, VBMS is the system of record for any documents submitted through information collection.
A Privacy Impact Assessment (PIA) for VBMS is currently published here: FY25 Veterans Benefits Management Systems (VBMS) Cloud Assessing PIA. As reflected in the SORN for VBMS listed above, VA waits three years after the final adjudication of any claim or appeal before destroying the paper duplicate copies that have been scanned into the VBMS eFolder. The electronic image of the paper document is retained indefinitely as a permanent record either by VA or the National Archives and Records Administration (NARA).
Caseflow also has a PIA, which is published here: FY24 Caseflow Assessing PIA.
For any data pulled from other VA systems, Caseflow relies on the retention schedules of those systems.
11. Provide additional justification for any questions of a sensitive nature (Information that, with a reasonable degree of medical certainty, is likely to have a serious adverse effect on an individual's mental or physical health if revealed to him or her), such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private; include specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Estimate of the hour burden of the collection of information:
a. The number of respondents, frequency of responses, annual hour burden, and explanation for each form is reported as follows:
Total Submission Burden Hours:
Total Number of Annual Responses: 119,800
Total Respondent Burden Hours: 60,305 hrs
Collection Instruments: VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (AMA); VA Form 9, Appeal to the Board of Veterans’ Appeals (legacy); Withdrawal of Services by a Representative (Nonstandard Form); Requests for Change to Hearing Dates or Methods (Nonstandard Form); Motions for Reconsideration (Nonstandard Form)
VA Form 10182 - Decision Review Request: Board Appeal (Notice of Disagreement) (AMA):
Number of Respondents (annually): 110,000
Number of Responses Per Respondent: 1
Number of Total Annual Responses: 110,000
Respondent Burden Hours: 55,000 hrs
VA Form 9 - Appeal to the Board of Veterans’ Appeals (legacy):
Number of Respondents (annually): 700
Number of Responses Per Respondent: 1
Number of Total Annual Responses: 700
Response Time: 60 minutes (1 hour)
Withdrawal of Services by a Representative (Nonstandard Form):
Number of Respondents (annually): 1,000
Number of Responses Per Respondent: 1
Number of Total Annual Responses: 1,000
Response Time: 20 minutes (.33 hours)
Requests for Change to Hearing Dates or Methods (Nonstandard Form):
Number of Respondents (annually): 5,100
Number of Responses Per Respondent: 1
Number of Total Annual Responses: 5,100
Response Time: 15 minutes (.25 hours)
Motions for Reconsideration (Nonstandard Form):
Number of Respondents (annually): 3,000
Number of Responses Per Respondent: 1
Number of Total Annual Responses: 3,000
Response Time: 60 minutes (1 hour)
Respondent Burden Hours: 3,000 hrs
b. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13.
See list in subparagraph 12a above.
c. Provide estimates of annual cost to respondents for the hour burdens for collections of information. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.
VA cannot make assumptions about the population of respondents because of the variability of factors, such as the educational background and wage potential of respondents. Therefore, VHA used general wage data to estimate the respondents’ costs associated with completing the information collection.
The Bureau of Labor Statistics (BLS) gathers information on full-time wage and salary workers. According to the latest available BLS data, the mean hourly wage is $31.48 based on the BLS wage code – “00-0000 All Occupations.” This information was taken from the following website: https://www.bls.gov/oes/current/oes_nat.htm.
Legally, respondents may not pay a person or business for assistance in completing the information collection. Therefore, there are no expected overhead costs for completing the information collection. VHA estimates the total cost to all respondents to be $1,898,401.40 (60,305 burden hours x $31.48 per hour).
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).
a. There are no capital, start-up, operation, or maintenance costs.
b. Cost estimates are not expected to vary widely. The only cost is that for the time of the respondent.
c. There is no anticipated recordkeeping burden beyond that which is considered usual and customary.
14. Provide estimates of annual cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operation expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.
Total cost to the Federal Government: $6,690,526
VA Form 10182 - Decision Review Request: Board Appeal (Notice of Disagreement) (AMA); VA Form 9 - Appeal to the Board of Veterans’ Appeals (legacy)
Number of Annual Responses: 110,700 (both forms)
Processing Time per Response: 60 minutes (1 hour)
Hourly Wage of Workers Processing Responses:4
Hearing Specialist (GS 12, Step 3): $38.17
Attorney Advisor (GS 13, Step 3): $45.40
Veterans Law Judge (AL-3 A-F average): $73.52
Cost to Process Each Response: $46.26
Hearing Specialist (.25 X $38.17): $9.54
Attorney Advisor (.25 x $45.40): $11.35
Veterans Law Judge (.25 x $73.52): $18.38
Total: $46.26
Withdrawal of Services by a Representative (Nonstandard Form):
Number of Annual Responses: 1,000
Processing Time per Response: 60 minutes (1 hour)
Attorney Advisor: 30 minutes (.5 hours)
Veterans Law Judge (AL-3 A-F average): 30 minutes (.5 hours)
Hourly Wage of Workers Processing Responses:
Attorney Advisor (GS 13, Step 3): $45.40
Veterans Law Judge (AL-3 A-F average): $73.53
Cost to Process Each Response: $59.47
Cost to Process Withdrawal Responses: $59,470
Requests for Change to Hearing Dates or Methods (Nonstandard Form):
Number of Annual Responses: 5,100
Processing Time per Response: 10 minutes (.17 hours)
Hourly Wage of Workers Processing Responses (GS 11, Step 5): $33.84
Cost to Process Each Response: $5.64
Cost to Process Hearing Responses: $28,764
Motions for Reconsideration:
Number of Annual Responses: 3,000
Processing Time per Response: 660 minutes (11 hours)
General Attorney (GS 11, Step 5): 420 minutes (7 hours)
Attorney Advisor (GS 15, Step 2): 180 minutes (3 hours)
Hourly Wage of Workers Processing Responses:
General Attorney (GS 11, Step 5): $33.84
Attorney Advisor (GS 15, Step 2): $61.12
Cost to Process Each Response: $493.77
General Attorney (7 x $33.84): $236.88
Supervisory Attorney Advisor (3 x $61.12): $183.36
Veterans Law Judge (1 x $73.53): $73.53
Total: $493.77
Cost to Process Reconsideration Responses: $1,481,310
15. Explain the reason for any burden hour changes or adjustments reported in items 13 or 14.
The burden has decreased since the previous approval due to a variety of factors. Most notably, 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. Because the VA Form 10182 takes less time to complete than the VA Form 9, there has been a decrease in the estimated burden hours since the prior submission.
16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
Regarding the VA Form 10182 Notice of Disagreement and VA Form 9, final Board decisions are made available on websites accessible through the internet to assist in complying with 5 U.S.C. § 552(a)(2). While VA will present some data on publicly accessible internet websites relating to processing times for appeals and the level of appellate evidentiary development requested, the specific information gathered in the information collections described herein will not be published. The results of the other information collections will not be published for statistical use.
17. If seeking approval to omit the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
VA will include the expiration date on all forms.
18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submissions,” of OMB 83-I.
There are no exceptions.
1 Pub. L. 115-55 (2017).
2 Unless otherwise noted, all citations to Title 38 of the U.S. Code refer to the text of the Code as amended by Pub. L. 115-55.
3 38 C.F.R. § 20.202 requires the use of a “Notice of Disagreement” form to appeal from a VA decision. The Board will not accept as a Notice of Disagreement an expression of dissatisfaction or disagreement with an adjudicate determination by the agency of original jurisdiction and a desire to contest the result that is submitted in any format other than a “Notice of Disagreement” form.
4Hourly wages are based on the 2024 General Schedule (Base Pay) available here: SALARY TABLE 2024-GS. This rate does not include any locality adjustment as applicable. The within grade step used to calculate hourly wage represents the average experience of employees within each grade. For Veterans Law Judges, the rate of basic pay (excluding locality adjustments) is calculated based on the average basic pay as reflected here: SALARY TABLE 2024-ALJ .
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