Revised April 24, 2015
V.i.1.B.1.aReferring Claims to the Rating Activity After Development Is Complete
If the issue requires a rating decision and a claimant is
- otherwise eligible for benefits from the Department of Veterans Affairs (VA), and
- VA has received new, competent medical or lay evidence in support of the claim,
refer the claim to the rating activity after all development actions, to include VA examinations as necessary, are complete. Note: Although evidence to decide all contentions associated with the Veteran’s claim may not be of record, the rating activity should decide any contention for which sufficient evidence exists to award the benefit sought. Exception: If a claimant is seeking service connection for the cause of death or for a disability, VA may not deny a claim until it has obtained the Veteran’s service treatment records (STRs) or determined the STRs are unavailable. If VA determines the STRs are unavailable, refer the claim to the rating activity after all other development actions are complete, even if VA received no medical or lay evidence in support of the claim. References: For more information on
- developing for STRs, see M21-1, Part III, Subpart ii, 2.A-H
- using the Personnel Information Exchange System (PIES) to develop for STRs, see the PIES User Guide
- final notification to claimants regarding the unavailability of STRs, see M21-1, Part III, Subpart ii, 1.A.1.g
- the rating activity, see M21-1, Part V, Subpart i, 1.A
- specific issues requiring a rating decision, see M21-1, Part V, Subpart i, 1.A.1.b
- partial rating decisions, see M21-1, Part V, Subpart ii, 3.B, and
- identifying the issues, to include inferred issues, see M21-1, Part V, Subpart ii, 3.A.
End of Part V, Subpart i, Chapter 1, Section B