--- title: "Part I, Subpart i, Chapter 1, Section B General Information on Due Process" document: "M-21-1" section: "Part I, Subpart i, Chapter 1, Section B" canonical: "https://veteranai.co/va-regulations/m21-1/i.i.1.b-general-information-on-due-process" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000181468/M21-1-Part-I-Subpart-i-Chapter-1-Section-B-General-Information-on-Due-Process" updated: "2026-09-07T14:36:57.421963Z" --- January 29, 2018 ### I.i.1.B.1.a. Due Process and the U.S. Constitution The Fifth Amendment to the _U.S. Constitution_ ensures that citizens have the right of due process. “ _No person shall be deprived of life, liberty or property without due process of law_.” ### I.i.1.B.1.b. Due Process and VA Due process in the administration of Department of Veterans Affairs (VA) benefits informs the beneficiary of a proposed adverse action that could reduce or terminate benefits, and provides the beneficiary with the opportunity to * provide additional evidence to contest the action, and/or * hold a hearing before VA decision-makers. In most instances, due process applies when VA proposes to reduce or terminate a benefit. In a few situations, such as a character of discharge determination, due process applies before VA determines eligibility for benefits. **Exceptions:** Contemporaneous notice is allowed in lieu of a notice of proposed adverse action (due process) in specific situations as listed in [M21-1, Part X, Subpart ii, 3.C.1](), and [38 CFR 3.103(b)(3)]() **References:** For more information on * definitions of notice of proposed adverse action and contemporaneous notice, see M21-1, Part I, Subpart i, 1.B.2.a, and * due process, see [38 CFR 3.103](). ### I.i.1.B.1.c. Entitlement to Notification The following parties are entitled to notification of any decision made by VA that affects the payment of benefits or the granting of relief * beneficiaries * fiduciaries of minor or incompetent beneficiaries, and * beneficiaries’ designated representatives. ### I.i.1.B.1.d. Definition: Third Party Information **_Third party information_** is any information that is not received from the beneficiary or from the beneficiary’s fiduciary. Written correspondence is considered third party when received without the beneficiary’s signature or the signature of the beneficiary’s fiduciary. The table below lists the types of third party informants and provides examples of the types of information they provide.| **Third Party Informant**| **Examples** VA medical facilities| Admission notices and reports that may result in hospital rate adjustments.**Exception:** A formal written notice of death.**References:** For more information on * hospitalization adjustments, see [38 CFR 3.551](), and * adjustment of allowance for aid and attendance, see [38 CFR 3.552](). * Field Examiners * Legal Instrument Examiner (LIE), and * beneficiary’s survivors | Notices and reports.**Exceptions:** * Notices and reports may be considered first party sources when accompanied by * documents provided by the beneficiary, such as copies of award letters or marital or dependency status certificates, or * a signed, written statement from the beneficiary. * A notice of proposed adverse action is not required when an LIE requests that a beneficiary’s award be suspended because of the fiduciary’s failure to furnish accounting activities. **Important:** Notices from Field Examiners may be considered first party notices when reported on a fully complete [_VA Form 27-0820_ , _Report of General Information_]().**Reference:** For more information on completing a [_VA Form 27-0820_](), see [M21-1, Part III, Subpart i, 2.D.1.f](). other possible sources| * VA computer matches * letters from friends and relatives * reports from employers * reports from other government and private agencies * Social Security’s third party query system, or * computer application used by VA. **Note:** The third party information submitted on any forms, documents, or signed statements must, in and of itself, justify the adverse action. **Reference:** For more information on handling mail that could result in a reduction or termination of benefits, see [M21-1, Part II, Subpart i, 2.D.3](). ## 2. Types of Notification March 17, 2016 ### I.i.1.B.2.a. Types of Notification Concerning Change in Benefits Two types of notification are used to inform a beneficiary of a change in benefits. They are * ** _notice of proposed adverse action_** , which informs a beneficiary of a proposed reduction or termination of benefits, and * ** _contemporaneous notice_** , which informs a beneficiary of a change in benefits that was implemented at the time the notice was sent. Use the table below to determine the type of notice that should be used when information is received that would result in a reduction or termination of a beneficiary’s award.| **If the source of information is ...**| **Then use a ...** the beneficiary| contemporaneous notice to tell the beneficiary that the information submitted has affected entitlement and to what extent.**Exception:** All income verification matches (IVM) which identify a reduction or termination of benefits require a notice of proposed adverse action.**References:** For more information about * contemporaneous notices, see [M21-1, Part X, Subpart ii, 3.C](), and * IVM, see [M21-1, Part XIV, 4.D](). a designated power of attorney (POA) submitting information originating from a beneficiary| contemporaneous notice to tell the beneficiary that the information submitted has affected entitlement and to what extent. a designated POA submitting information _not_ originating from a beneficiary | notice of proposed adverse action to tell the beneficiary of a proposed change, about the information received, and the effect it may have on benefits.**Reference:** For more information on general duties of a POA, see [M21-1, Part I, Subpart i, 2.A.4.a](). a third party** _Reference_** : For more information on third party information, see M21-1, Part I, Subpart i, 1.B.1.d.| notice of proposed adverse action to tell the beneficiary of a proposed change, about the information received, and the effect it may have on benefits.**References:** For more information on * notices of proposed adverse action, see [M21-1, Part X, Subpart ii, 3.A](), and * sending a notice of proposed adverse action to a hospitalized Veteran, see [M21-1, Part X, Subpart ii, 3.A.3.c](). **Note:** When it is unclear whether information submitted by the POA originated from the beneficiary, the beneficiary may be contacted via telephone to verify the origin of the information. If the claimant cannot be reached, process as information not originating from a beneficiary. **References:** For more information on * receiving information via telephone that would reduce or discontinue benefits, see * [M21-1, Part X, Subpart ii, 3.C.2.a](), and * [M21-1, Part III, Subpart i, 2.D.1]() * providing notice of proposed adverse action, see * [38 CFR 3.103(b)(2)](), and * [M21-1, Part X, Subpart ii, 3.A]() * providing contemporaneous notice, see * [38 CFR 3.103(b)(3)](), and * [M21-1, Part X, Subpart ii, 3.C](), and * handling notification from a beneficiary that will result in removal of a dependent, see [M21-1, Part VII, Subpart i, 1.A.4.g]().