Notice2025-21703
Agency Information Collection Activity: Notice of Disagreement: Appeal to the Board of Veterans' Appeals
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 1, 2025
Issuing agencies
Veterans Affairs Department
Abstract
The Board of Veterans' Appeals (Board), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. DATES: Comments must be received on or before January 30, 2026.
Full Text
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<title>Federal Register, Volume 90 Issue 228 (Monday, December 1, 2025)</title>
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[Federal Register Volume 90, Number 228 (Monday, December 1, 2025)]
[Notices]
[Pages 55244-55245]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21703]
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DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0674]
Agency Information Collection Activity: Notice of Disagreement:
Appeal to the Board of Veterans' Appeals
AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.
ACTION: Notice.
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SUMMARY: The Board of Veterans' Appeals (Board), Department of Veterans
Affairs (VA), is announcing an opportunity for public comment on the
proposed collection of certain information by the agency. Under the
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to
publish notice in the Federal Register concerning each proposed
collection of information, including each proposed extension of a
currently approved collection, and allow 60 days for public comment in
response to the notice. DATES: Comments must be received on or before
January 30, 2026.
ADDRESSES: Comments must be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Program-Specific information: Michael Nanez, 202-382-2785,
<a href="/cdn-cgi/l/email-protection#c78aaea4afa6a2abe989a6a9a2bd87b1a6e9a0a8b1"><span class="__cf_email__" data-cfemail="9cd1f5fff4fdf9f0b2d2fdf2f9e6dceafdb2fbf3ea">[email protected]</span></a>.
VA PRA information: Dorothy Glasgow, 202-461-1084, <a href="/cdn-cgi/l/email-protection#5c0a1d0c0e1d1c2a3d723b332a"><span class="__cf_email__" data-cfemail="f3a5b2a3a1b2b38592dd949c85">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must
obtain approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. This request for
comment is being made pursuant to Section 3506(c)(2)(A) of the PRA.
With respect to the following collection of information, the Board
invites comments on: (1) whether the proposed collection of information
is necessary for the proper performance of the Board's functions,
including whether the information will have practical utility; (2) the
accuracy of the Board's estimate of the burden of the proposed
collection of information; (3) ways to enhance the quality, utility,
and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or the use
of other forms of information technology.
Title: Notice of Disagreement (NOD)/Appeal to the Board of
Veterans' Appeals, VA Form 10182 and VA Form 9.
OMB Control Number: 2900-0674. <a href="https://www.reginfo.gov/public/do/PRASearch">https://www.reginfo.gov/public/do/PRASearch</a> (Once at this link, you can enter the OMB Control Number to
find the historical versions of this Information Collection).
Type of Review: Revision of a currently approved collection.
Abstract: OMB Control No. 2900-0674 was recently approved on April
30, 2025. The VA Form 10182 Decision Review Request: Board Appeal
(Notice of Disagreement), which is required to initiate Board review of
an appeal in the modernized review system as implemented by the
Veterans Appeals Improvement and Modernization Act of 2017 (AMA), was
one of the forms approved for information collection. The Board is
requesting to revise the currently approved VA Form 10182, to include
an additional checkbox under Part III, number 11. The proposed checkbox
will state: ``Check here if you want the Board to issue a decision as
soon as possible, even if it is within the period to request a
different review option in Part II. By checking this box, you
acknowledge that once the Board issues a decision, you will not be
permitted to change your Board review option.'' The ``Overview of
Notice of Disagreement Form Sections'' on page three will be amended to
include further explanation of the checkbox. The Board additionally
requests to remove the checkbox from Part III, number 11, which states:
``Check here if you are appealing a denial of benefits by the Veterans
Health Administration (VHA).'' Finally, the Board seeks to amend the VA
Form 10182 to clarify that selecting the Evidence Submission or Hearing
with a Veterans Law Judge review option may extend the time it takes
for the Board to decide an appeal; the VA Form 10182 currently states
that selecting those review options will extend the time to receive a
Board decision. The Board does not request to revise any of the other
items included in the previously approved collection.
The Board is requesting to revise the VA Form 10182, by adding a
checkbox to Part III, number 11, in response to a recent case issued by
the U.S. Court of Appeals for Veterans Claims (CAVC). When appellants
file a VA Form 10182, Decision Review Request: Board Appeal (Notice of
Disagreement), they have the choice of three Board review options, or
``dockets.'' Pursuant to 38 CFR 20.202(c)(2), appellants may request to
modify their Notice of Disagreement and change review options until the
later of one year from the date the agency of original jurisdiction
mails notice of the decision on appeal, or within 60 days of the date
the Board receives the Notice of Disagreement. In Williams v.
McDonough, 37 Vet. App. 305, 310-311 (2024), the CAVC interpreted 38
CFR 20.202(c)(2) as preventing the Board from issuing a decision until
the period to request to change Board review options elapses. As a
result, the Board has been forced to delay issuing decisions in cases
that are otherwise ready for adjudication until that period elapses or
sends a letter and ask appellants whether they wish to waive the
remaining time, which places additional burdens on appellants and the
Board.
The requested revision provides appellants with the option to
request that the Board issue a decision prior to the end of the period
to request to switch dockets set out in 38 CFR Sec. 20.202(c)(2). By
selecting the checkbox on the VA Form 10182, appellants can receive a
decision in their appeal as soon as possible based on their place in
docket order while also retaining the right to request a different
Board review option up until the Board promulgates a decision on the
appeal.
The Board is requesting to remove the checkbox under Part III,
number 11, that states: ``Check here if you are appealing a denial of
benefits by the Veterans Health Administration (VHA),'' because it
leads to confusion with appellants and provides little benefit to the
Board.
Revising the VA Form 10182 by adding a checkbox is the most
Veteran-friendly approach as no new form would be required, and
appellants can avoid delays resulting from the Williams decision by
requesting that the Board issue a decision in their appeal using an
already-familiar form. Removing the checkbox concerning denial of
benefits by the VHA will eliminate the need for appellants to consider
which Administration issued the decision they are appealing when
completing the VA Form 10182. The explanation that selecting the
Evidence Submission or Hearing review option may extend the time it
takes for the Board to decide an appeal will help appellants make a
fully informed decision on selecting the Board review option that is
best for them.
Any appellant who files a VA Form 10182 may utilize the checkbox
and review the explanation of the time required for the review options.
Therefore, the estimated number of respondents and annual burden are
the same estimates as those provided for the number of respondents who
may utilize the VA Form 10182 Decision Review Request: Board Appeal
(Notice of Disagreement). Because the Board is seeking to add a
checkbox and remove a checkbox, it is estimated that a
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respondent's burden would be unchanged by the requested revisions. The
estimates are consistent with those provided in the previously approved
collection, because the requested changes to the VA Form 10182 do not
add any additional burden to the processing of the form. Rather, the
checkbox will eliminate the need to delay issuing decisions in appeals
that are otherwise ready for adjudication and send appellants letters
of clarification, thereby decreasing the overall administrative burden
caused by Williams, supra.
Affected Public: Individuals and households.
Estimated Annual Burden: 55,000 hours.
Estimated Average Burden per Respondent: 30 minutes.
Frequency of Response: Once.
Estimated Number of Respondents: 110,000.
Authority: 44 U.S.C. 3501 et seq.
Dorothy Glasgow,
Acting, VA PRA Clearance Officer, Office of Information Technology,
Data Governance and Analytics, Department of Veterans Affairs.
[FR Doc. 2025-21703 Filed 11-28-25; 8:45 am]
BILLING CODE 8320-01-P
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