Part X, Subpart v, Chapter 1, Section ACompensation Service and Pension and Fiduciary (P&F) Service Guidance

Revised August 28, 2025

X.v.1.A.1.a#Types of Guidance Available

It is important to understand the purpose of, and the differences between, each type of guidance that may be requested from Compensation Service and Pension and Fiduciary (P&F) Service (hereafter referred to as Central Office (CO), if the reference applies to both Compensation Service and P&F Service).The table below describes the purpose of each type of guidance that may be requested from CO.

Reference: For more information on differences of opinion, see

• 38 CFR 3.105(b)
• M21-1, Part V, Subpart iv, 1.E.2
• M21-1, Part X, Subpart ii, 1.A.1.f, and
• M21-1, Part X, Subpart v, 1.A.4.

X.v.1.A.1.b#Determining the Type of Guidance to Request

The table below describes the type of request to initiate based on the

• timing of the request for guidance during the claims process, and
• type of issue requiring resolution.

X.v.1.A.1.c#Requirements for Formal Requests for CO Guidance

All formal requests from ROs for CO guidance must

• relate to an actual case and not be based on a hypothetical situation
• have the concurrence of the Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM), or designee, and
• be accompanied by the letter referenced in
  • M21-1, Part X, Subpart v, 1.A.1.e for requests for P&F Service guidance, or
  • M21-1, Part X, Subpart v, 1.A.1.h for requests for Compensation Service guidance.

Identify the basic issues that require resolution before initiating a formal request for guidance. Many issues may be quickly resolved through informal contact with CO. Informal contact may also be helpful in preparing a formal request.Exception : Separate requirements for advisory opinion requests apply to

• radiation claims, as discussed in M21-1, Part VIII, Subpart iii, 4.B.5, and
• adjusting separation pay withholding due to extreme financial hardship, as discussed in M21-1, Part VI, Subpart ii, 2.7.

Reference: For more information on the types of individual cases eligible for CO guidance, see M21-1, Part X, Subpart v, 1.A.1.d.

X.v.1.A.1.d#Types of Cases Eligible for CO Guidance

The types of individual cases eligible for CO guidance are limited to the following issues:

• a matter of program policy or procedure
• the applicability of
  • a provision in the regulations
  • the rating schedule, or
  • other CO directives, such advisory opinions and instructions contained in M21-1
• the propriety of establishing service connection, other than a question involving the evaluation of evidence
• when rating schedule provisions are not adequate for evaluation
• a proposed rating or authorization action involving a difference of opinion with a prior rating or other action based on the same set of facts (per 38 CFR 3.105(b)), and
• a rating under 38 CFR 3.105(a) awarding monetary benefits for a retroactive period of more than five years.

Note: Following a 2009 decision by the U.S. Court of Appeals for the Federal Circuit, ROs are no longer required to submit pending awards of benefits to CO for review and approval (prior to final award action) for cases involving

• payments equal to or exceeding $250,000, or
• an effective date that is eight or more years in the past.

X.v.1.A.1.e#Information That Letters Requesting Guidance From P&F Service Must Contain

The table below describes the information to include in specific sections of the letter that ROs must submit when requesting the following from P&F Service:

• advisory opinion
• administrative review, or
• administrative determination on a difference of opinion under 38 CFR 3.105(b).

X.v.1.A.1.f#Submitting a Request for Guidance to P&F Service

To request guidance from P&F Service,

• upload the completed request letter referenced in M21-1, Part X, Subpart v, 1.A.1.c and e into the appropriate electronic claims folder (eFolder), and
• send an encrypted e-mail containing the following information to VAVBAWAS/CO/Pension & Fiduciary Svc.:
  • the Veteran’s name and claim number, and
  • the type of request.

Important:

• The period behind Svc must be included when addressing the e-mail to P&F Service.
• Before submitting a request for guidance to P&F Service, ensure all documents in the claims folder have been scanned (converted into an electronic format) and uploaded into the appropriate eFolder.

Reference: For more information on shipping documents for scanning, see M21-1, Part II, Subpart i, 1.B.

X.v.1.A.1.g#Submitting a Request for Guidance to Compensation Service

The table below contains instructions for submitting a request for the following to Compensation Service:

• advisory opinion
• administrative review, or
• administrative determination on a difference of opinion under 38 CFR 3.105(b).

Reference: For more information on the action described in the preceding bullet, see the Veterans Benefits Management System Core User Guide.

X.v.1.A.1.h#Format of Letter for Requesting Guidance From Compensation Service

Follow the format of the letter below when preparing a letter to request guidance from Compensation Service. — DEPARTMENT OF VETERANS AFFAIRS[RO name][RO address][current date] Executive Director In Reply Refer To:Compensation Service (214D) [RO number] Department of Veterans Affairs [file number] Central Office [Veteran’s name] 810 Vermont Ave. NWWashington, DC 20420 SUBJECT : [Identify the type of request: advisory opinion, administrative decision, or administrative determination on a difference of opinion under 38 CFR 3.105.]BACKGROUND INFORMATION AND REQUEST : [Provide relevant information about the claimant and the type of claim at issue. Provide pertinent service information, such as branch(es), date(s) and place(s) of service.]DISCUSSION : [Address how the facts relate to the laws, regulations and procedures involved.]QUESTION AT ISSUE : [Clearly and concisely state the question(s). Do not combine multiple questions; number each question.]RECOMMENDATION :[Provide a recommendation and/or comments on the presented question(s).]

X.v.1.A.1.i#Handling an Apparent Conflict or Issue of General Interest

If a letter, advisory opinion, or other directive by a CO element, including a Board of Veterans’ Appeals (BVA) decision, conflicts with a prior decision, instruction, or guideline, or is of general interest to other ROs, then

• forward a copy of the document(s) containing the conflicting information, or information of general interest to other ROs, to the Executive Director of Compensation Service (21C) or the Executive Director of P&F Service (21PF) (whichever service authored the directive), and
• include a cover letter explaining how the information is in conflict or why it would be of general interest to other ROs.

Important:

• Do not postpone action on a case affected by a CO directive in order to take the action described in the preceding paragraph. Take both actions concurrently.
• The procedure described in this block is not for application based on mere differences in the interpretation of the facts of a case.

To obtain clarification of a BVA decision, e-mail a request for clarification to BVAFieldRepresentative@va.gov, identifying the specific matter that requires clarification.

2Requesting an Advisory Opinion

This topic contains information on requesting an advisory opinion, including

• requesting an advisory opinion, and
• considering an advisory opinion when deciding a claim.

Revised November 18, 2019

X.v.1.A.2.a#Requesting an Advisory Opinion

Request an advisory opinion before making a formal decision on the issue in question. Requesting an advisory opinion is appropriate if

• doubts exist regarding the correct application of rating, authorization, or other principles or policies, and
• a case involves complicated or obscure medical or legal issues.

Important:

• Requests for advisory opinions must comply with the general guidelines applicable to all requests for CO advice listed in M21-1, Part X, Subpart v, 1.A.1.c.
• Requests for advisory opinions to Compensation Service must
  • be submitted as provided in M21-1, Part X, Subpart v, 1.A.1.g, and
  • follow the form shown in M21-1, Part X, Subpart v, 1.A.1.h.
• Requests for advisory opinions to P&F Service must
  • be submitted as provided in M21-1, Part X, Subpart v, 1.A.1.f, and
  • contain the content shown in M21-1, Part X, Subpart v, 1.A.1.e.

Reference: For more information on advisory opinions, see M21-1, Part X, Subpart v, 1.A.1.

X.v.1.A.2.b#Considering an Advisory Opinion When Deciding a Claim

While not directive in nature, consider an advisory opinion along with all other evidence of record, assigning it significant weight in the final adjudication of the claim.

3Requesting an Administrative Review

This topic contains general information on requesting an administrative review, including

• requesting an administrative review
• who may request an administrative review
• handling non-Department of Veterans Affairs (VA) requests for an administrative review
• rejection of a request for an administrative review, and
• significance of an administrative review decision.

Revised November 18, 2019

X.v.1.A.3.a#Requesting an Administrative Review

Limit requests for administrative review to

• situations involving policy or procedure of more than local importance, or
• questions concerning the adequacy or applicability of regulations and other instructions to the field.

Important:

• Do not request an administrative review merely to affirm a prior decision.
• Requests for administrative reviews to Compensation Service must
  • be submitted as provided in M21-1, Part X, Subpart v, 1.A.1.g, and
  • follow the form shown in M21-1, Part X, Subpart v, 1.A.1.h.
• Requests for advisory opinions to P&F Service must
  • be submitted as provided in M21-1, Part X, Subpart v, 1.A.1.f, and
  • contain the content shown in M21-1, Part X, Subpart v, 1.A.1.e.

Reference: For more information on administrative reviews, see M21-1, Part X, Subpart v, 1.A.1.

X.v.1.A.3.b#Who May Request an Administrative Review

A request for CO’s administrative review of an RO decision may come from any internal or non-Department of Veterans Affairs (VA) source, such as

• service organizations
• recognized attorneys or agents, and
• other accredited representatives.

Reference: For more information on handling non-VA requests for an administrative review, see M21-1, Part X, Subpart v, 1.A.3.c.

X.v.1.A.3.c#Handling Non-VA Requests for an Administrative Review

Advise non-VA sources, such as those enumerated in M21-1, Part X, Subpart v, 1.A.3.b, to address requests for administrative review to the Executive Director of the service with jurisdiction over the issue for which administrative review is requested. If a non-VA source erroneously addresses a request to an RO,

• forward it, with a brief cover letter, to the Executive Director of the service with jurisdiction over the issue for which administrative review is requested, and
• advise the requesting party of the referral.

Exception: Local service organizations that have national representation must request an administrative review through the organization’s national headquarters.

X.v.1.A.3.d#Rejection of a Request for an Administrative Review

CO may reject a request for an administrative review that

• is inconsistent with the provisions of M21-1, Part X, Subpart v, 1.A.1.c or d, or
• merely affords an additional, intermediate step in the legacy appeal or decision review process.

Reference: For more information on when it is appropriate to submit a request for an administrative review, see M21-1, Part X, Subpart v, 1.A.3.a.

X.v.1.A.3.e#Significance of an Administrative Review Decision

Administrative review decisions are directive in nature and binding on RO decision makers.

4Requesting an Administrative Determination on a Difference of Opinion Under 38 CFR 3.105(b)

This topic contains information on requesting an administrative determination on a difference of opinion under 38 CFR 3.105(b), including

• when to request an administrative determination on a difference of opinion
• overview of supervisory review
• handling a difference of opinion, and
• decision review rights and notification requirements.

Revised February 19, 2019

X.v.1.A.4.a#When to Request an Administrative Determination on a Difference of Opinion

Request an administrative determination on a difference of opinion under 38 CFR 3.105(b) to revise a prior decision when

• the sole reason for the contemplated change is a difference of opinion, or
• a difference of opinion arises during supervisory review of a rating or DRO decision.

Note: If a clear and unmistakable error (CUE) was made in reaching the prior decision, the provisions of 38 CFR 3.105(a) apply. Correct it as explained in M21-1, Part X, Subpart ii, 5.A without referral to CO, unless the action awards monetary benefits for a retroactive period of five or more years.

X.v.1.A.4.b#Overview of Supervisory Review

Supervisory review of decisions RO personnel make is one of the methods VSCMs and PMCMs may use to

• monitor the quality of RO decisions, and
• ensure that RO personnel clearly understand and uniformly apply laws, regulations, and other directives.

The interpretation of laws, regulations, and general policy by a VSCM or PMCM is binding and controlling on all authorization actions, subject to decision review pursuit by the claimant, except for substantive decisions on individual cases by the rating activity or a DRO. Important: Whenever possible, VSCMs and PMCMs must bring errors and deficiencies identified during supervisory review to the attention of the responsible claims processor. That person must then take whatever corrective action is necessary.

X.v.1.A.4.c#Handling a Difference of Opinion

A VSCM or PMCM cannot direct a change to a substantive decision of the rating activity or a DRO solely on the basis of a difference of opinion. The table below describes the stages of the process that a VSCM, PMCM, the rating activity, and/or DRO must follow to resolve a difference of opinion.

Note: DROs do not have authority to request administrative review based on a difference of opinion. A DRO may recommend that the VSCM or PMCM submit a case to the Executive Director of Compensation Service or the Executive Director of P&F Service. However, the VSCM’s or PMCM’s decision is controlling, and the DRO must abide by it.

References: For more information on

• requesting an administrative review, see M21-1, Part X, Subpart v, 1.A.3
• handling dissent and differences of opinion in rating decisions, see M21-1, Part V, Subpart iv, 1.E.2
• revising binding decisions, see M21-1, Part X, Subpart ii, 1.A.1.f, and
• DRO authority, see M21-5, Chapter 7, Section C.3.

X.v.1.A.4.d#Decision Review Rights and Notification Requirements

A claimant has the right to seek further review of any decision resulting from a review under 38 CFR 3.105(b). Regardless of the outcome of the case,

• notify the claimant that the review was conducted
• explain the reasons for the decision, and
• furnish review rights.