Revised July 16, 2025
II.iii.2.E.1.aHow to Identify an Incorrectly Established Claim
As stated in M21-1, Part II, Subpart iii, 1.A.1.a effective March 24, 2015, the Department of Veterans Affairs (VA) will only recognize compensation, pension, survivors, and related claims if they are submitted on the required standard forms. The term “incorrectly established claim” refers to a request for benefits not submitted on a prescribed form that was received and
- established and processed under a new end product (EP), or
- added to an existing EP and processed.
In situations where a claim was incorrectly established based on receipt of a request for benefits not submitted on a prescribed form, corrective action is needed as described in this topic. Note: These instructions do not apply to a request for application that was misidentified as a claim but has not had development initiated. For these situations, follow the guidance in M21-1, Part II, Subpart iii, 2.G.
II.iii.2.E.1.bInformation to Provide the Claimant or Authorized Representative
Upon identification of a claim that has been established improperly due to non-receipt of a prescribed form, take action to resolve the issue. The claims processor must inform the claimant and/or authorized representative
- that the request for benefits was incorrectly accepted as a claim, and VA regulations require that all claims must be submitted on a prescribed form effective March 24, 2015
- which issues or conditions cannot be considered a valid claim
- which form to submit
- that VA will not continue to process a pending request for benefits until a complete claim is received on a prescribed form
- of the timeframe the claimant has to submit a prescribed form, if an active intent to file (ITF) is pending, and
- of expedited claims submission options such as
- filing the claim using a VA claims submission service website, or
- submitting a claim through their Veterans service organization.
2Handling Incorrectly Established Claims
This topic contains miscellaneous information about claims for VA benefits, including
- determining what steps to take to take to address the incorrectly established claim
- instructions for addressing incorrectly established single contention EPs when a decision
- has not been made, and
- has been made
- instructions for addressing incorrectly established contentions on a valid EP when a decision
- has not been made, and
- has been made, and
- disagreements received on incorrectly added and decided claims.
Revised May 18, 2026
II.iii.2.E.2.aDetermining What Steps to Take to Address the Incorrectly Established Claim
Refer to the table below to determine the steps for addressing an incorrectly established claim.
| If the incorrectly established claim … | And … | Then refer to … |
|---|---|---|
is the only contention on the EP | has not been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.b. |
has been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.c. | |
is a contention on a pending EP with other valid contentions | has not been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.d. |
has been addressed in a rating decision | M21-1, Part II, Subpart iii, 2.E.2.e. |
II.iii.2.E.2.bInstructions for Addressing Incorrectly Established Single Contention EPs When a Decision Has Not Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly established as an EP and a decision has not been made.
| Step | Action |
|---|---|
1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending?
References: For more information on
|
2 | Determine how VA received the request for benefits. If the request for benefits was received through
|
3 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative?
If attempts to contact are
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 , Report of General Information, and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
4 | Has a complete claim been received since the establishment of the invalid EP?
|
5 | Determine which form the claimant must submit to pursue the claim and follow the instructions in the table below. If the correct form is a(n) ... Then ... |
VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits |
Important: If the invalid EP is an Appeals Modernization Act EP, cancel the EP and establish the EP 400 , General Correspondence , and complete the remaining steps above. |
decision review form |
|
[incorrectly established issue(s)].“Please disregard our prior correspondence regarding these issues. In order for us to adjudicate your request for benefits, you must submit an application. We apologize for any confusion this may have caused. ”, and
- clear the EP 400.
Reference : For more information on when a previously decided issue requires a decision review claim form, see M21-1, Part X, Subpart ii, 2.A.1.b.
II.iii.2.E.2.cInstructions for Addressing Incorrectly Established Single Contention EPs When a Decision Has Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly established as an EP, when a decision has been made.
| Step | Action |
|---|---|
1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP. Was an active ITF pending?
References: For more information on
|
2 | Determine how VA received the request for benefits. If the request for benefits was received through
|
3 | Has the rating decision that addressed the incorrectly established claim been promulgated and authorized?
|
4 | Review the claimant’s record to determine if a complete claim has been received and a valid EP is pending. If a complete claim ... and the invalid EP … Then ... |
has been received since the establishment of the invalid EP | is still pending
|
has been cleared and the current EP is controlling a valid claim |
|
has not been received | is still pending change the invalid EP to the appropriate variant of EP 930 – Correction of National Quality Error. |
has been cleared |
Note: For corrections identified at the RO level, use the appropriate variant of EP 930 - Correction of Local Quality Error. Reference: For more information on associating a permanent note to an EP, see
|
5 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative?
If attempts to contact are
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
6 | Review the claimant’s record to determine if a complete claim has been received in response to the actions taken in Step 5. If a complete claim ... Then ... |
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form |
|
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form and includesnew issues or contentions |
|
has not been received | go to Step 7. |
7 | Create the Incorrectly Adjudicated Claim letter, and
|
II.iii.2.E.2.dInstructions for Addressing Incorrectly Established Contentions on a Valid EP When a Decision Has Not Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly added to a valid EP and a decision has not been made.
| Step | Action |
|---|---|
| 1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP.Was an active ITF pending?
References: For more information on
|
| 2 | Determine how VA received the request for benefits. If the request for benefits was received through
|
| 3 | Remove the issues or conditions from the pending EP and establish EP 400 - General Correspondence to track the actions taken in Steps 4 and 5. |
| 4 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b. Does the claimant have an authorized representative?
If attempts to contact are
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
| 5 | Has a complete claim for the previously identified issues or conditions been received?
|
II.iii.2.E.2.eInstructions for Addressing Incorrectly Established Contentions on a Valid EP When a Decision Has Been Made
Follow the steps in the table below to address requests for benefits that were incorrectly added to a valid EP and a decision was made.
| Step | Action |
|---|---|
1 | Review the claimant’s record to determine whether an active ITF (for the same general benefit as the incorrectly established claim) was pending prior to the incorrect establishment of the EP.Was an active ITF pending?
References: For more information on
|
2 | Determine how VA received the request for benefits. If the request for benefits was received through
|
3 | Has the rating decision that addressed the incorrectly added contention(s) been promulgated and authorized?
|
4 | Make two attempts in a 24-hour period to contact the claimant and/or authorized representative and provide the information in M21-1, Part II, Subpart iii, 2.E.1.b.Does the claimant have an authorized representative?
If attempts to contact are
Important: All successful telephone or in-person contact must be documented on VA Form 27-0820 and included in the claims folder. All e-mail correspondence must be included in the claims folder. |
5 | Review the claimant’s record to determine if a complete claim on a prescribed form has been received and the valid EP the issues or conditions were erroneously adjudicated under is still pending. If a complete claim ... and the valid EP … Then ... |
has been received | is still pending
|
has been cleared and the current EP has been established to control the receipt of the complete claim resulting from the actions in Step 4 |
|
has not been received | is still pending go to Step 6. |
has been cleared |
Note: For corrections identified at the RO level, use the appropriate variant of EP 930 - Correction of Local Quality Error. Reference: For more information on associating a permanent note to an EP, see M21-1, Part II, Subpart ii, 2.A.1.c. |
6 | Review the claimant’s record to determine if a complete claim has been received in response to the actions taken in Step 4. If a complete claim ... Then ... |
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form |
|
has been received for the issues or conditions previously submitted on correspondence other than a prescribed form and includesnew issues or contentions |
|
has not been received | go to Step 7. |
7 | Create the Incorrectly Adjudicated Claim letter, and
|
8 | If a claim is
|
Note: When a claimant fails to submit the prescribed form solicited in Step 7, do not take further action to revise any claim or issue that was decided without the proper submission of a prescribed claim form. Specifically, no further action is necessary to sever service connection or otherwise revise the prior decision unless the decision was otherwise erroneous.
II.iii.2.E.2.fDisagreements Received on Incorrectly Added and Decided Claims
When a claimant has been notified of a decision, even when the decision was made without the claim having been submitted on a required prescribed form, accept any timely and otherwise appropriately submitted legacy appeal or decision review request on the decision. References: For more information on
- legacy appeals, see M21-5, Chapter 7, and
- decision review options, see 38 CFR 3.2500.
3Receipt of Claims in Response to Incorrectly Established Claims Procedures
Revised June 24, 2021
II.iii.2.E.3.aReceipt of a Prescribed Form in Response to Incorrect Claims Guidance After the EP 930 Has Been Cleared
When an RO receives a prescribed form in response to the incorrectly established claims guidance provided by M21-1, Part II, Subpart iii, 2.E.2 and the corrective EP 930 has already been cleared, the claims processor must determine if the EP established upon receipt of the form is still required.
| If the prescribed form lists … | Then ... |
|---|---|
only the issues or conditions previously submitted on correspondence other than a prescribed form |
|
new issues or contentions |
|
Important: Claims processors may be able to identify these forms by the phrase RO Request – Signature Needed written at the top of each page, however, not every form will state this.
End of Part II, Subpart iii, Chapter 2, Section E