Part X, Subpart v, Chapter 1, Section CAdministrative Decisions

Revised March 9, 2026

X.v.1.C.1.a#Issues Requiring an Administrative Decision

The table below lists

• the types of issues that require a formal administrative decision, and
• references to additional information about the issues.

Unless otherwise specified, complete an administrative decision regardless of whether the decision is favorable or unfavorable. Important:

• The information in this table may not be all-inclusive.
• Instructions for handling specific issues found elsewhere in the M21-1 may vary from the general guidelines in this section. Those specific instructions override the general instructions provided here.

X.v.1.C.1.b#Organizational Responsibility for Making Administrative Decisions

The development activity is generally responsible for making and documenting administrative decisions except where the guidance relating to a particular type of administrative decision assigns that responsibility to another activity. Important : The wording above, assigning general responsibility for administrative decisions to the development activity, is not intended to imply that a specific adjudicative office or division is required to make administrative determinations. The determinations can be assigned to another activity, staff, office, or center subject to capacity and the availability of claims processors who are appropriately qualified as provided in M21-1, Part X, Subpart v, 1.C.2.h. References: For more information on

• issues requiring an administrative decision, see M21-1, Part X, Subpart v, 1.C.1.a, and
• approval of administrative decisions, see M21-1, Part X, Subpart v, 1.C.2.h.

X.v.1.C.1.c#Finality of Administrative Decisions

Administrative decisions, made in accordance with existing guidance and by application of the same criteria and based on the same facts are binding when issued under 38 CFR 3.104(b). Those include administrative decisions on

• line of duty
• COD
• relationship
• dependency
• domestic relations questions
• homicide
• findings of fact of death, and
• presumptions of death.

A binding administrative determination can be appealed. It can also be changed when there is/was clear and unmistakable error (CUE), a change in law, or new and relevant evidence. References: For more information on

• finality of decision and related concepts, see M21-1, Part X, Subpart ii, 1.A
• revision based on specific types of submissions including assertions of CUE and new and relevant evidence, see M21-1, Part X, Subpart ii, 2.A
• supplemental claims, see M21-1, Part X, Subpart ii, 2.A.2
• relevance determinations, see M21-1, Part III, Subpart i, 2.E.1.b
• reviewing for finality in COD determinations, see M21-1, Part X, Subpart iv, 1.A.1.p and q, and
• decision and notice requirements involving final administrative decisions, see Harris v. McDonough, 33 Vet.App. 269 (2021).

2Making, Documenting, and Issuing Administrative Decisions

This topic contains information on making, documenting, and issuing administrative decisions, including

• general guidelines for
  • making administrative decisions, and
  • documenting administrative decisions
• format for administrative decisions
• required elements of administrative decisions
• providing adequate reasons and bases for administrative decisions
• addressing favorable findings
• template for an administrative decision
• approval requirements for administrative decisions
• process for electronically signing administrative decisions in the Veterans Benefits Management System (VBMS), and
• notifying claimants of an unfavorable administrative decision.

Revised March 9, 2026

X.v.1.C.2.a#General Guidelines for Making Administrative Decisions

When making administrative decisions, refer to the guidance pertaining to the specific determination required (for example COD) and the guidance on evaluating evidence in M21-1, Part V, Subpart ii, 1. It is also important for decision makers to consider the particular standard of proof that applies. Some administrative decisions, such as a person’s relationship to a Veteran, require “a preponderance of the evidence” favoring a matter in order for it to be established or proven. Where a standard of proof is not stated, the default standard of proof is relative equipoise. When there is an approximate balance of evidence for and against a matter, the reasonable doubt rule is applied, the benefit of the doubt is given, and the matter is established. References: For more information on

• issues that require administrative decisions, see M21-1, Part X, Subpart v, 1.C.1.a
• standards of evidentiary proof, see M21-1, Part V, Subpart ii, 1.A.1.i
• issues that require a preponderance of the evidence to decide, see
  • M21-1, Part VII, Subpart i, 2.A.5.d (finding of death under 38 CFR 3.212), and
  • M21-1, Part VII, Subpart i, 2.D.8.c (knowledge of impediments to marriage, and
• relative equipoise and the reasonable doubt rule, see M21-1, Part V, Subpart ii, 1.A.1.i and j.

X.v.1.C.2.b#General Guidelines for Documenting Administrative Decisions

Due to the importance of administrative decisions and the fact they are subject to review by beneficiaries and their representatives, all formal decisions must be documented according to the instructions in M21-1, Part X, Subpart v, 1.C.2.c. When issuing a decision notice regarding an administrative decision, claims processors must attach a copy of the administrative decision to the decision notice for the claimant’s review unless superseded by instructions specific to the particular type of administrative decision. Always ensure when discussing the underlying issue that the tone of the administrative decision is

• audience-appropriate, and
• non-adversarial.

Exception: PMCs are not required to attach administrative decisions to decision notices. Reference: For more information about electronically signing an administrative decision in the Veterans Benefits Management System (VBMS), see M21-1, Part X, Subpart v, 1.C.2.i.

X.v.1.C.2.c#Format for Administrative Decisions

Use the table below to determine the proper format for documenting an administrative decision, depending upon its subject and content.

X.v.1.C.2.d#Required Elements of Administrative Decisions

Administrative decisions must include the following elements:

• identification of the issue(s) adjudicated
• summary of the
  • evidence considered, and
  • laws and regulations applicable to the claim
• a listing of findings that are favorable to the claimant under 38 CFR 3.104(c), if any, and
• identification of the element(s) required to grant the claim that were not met.

Exception: PMCs are not required to list favorable findings in administrative decisions. Favorable findings are addressed in PMC decision notices.

X.v.1.C.2.e#Providing Adequate Reasons and Bases for Administrative Decisions

In a well-written decision, with valid reasons and bases, the conclusion should be obvious to the reader. Follow the instructions that follow the bullets below when citing the reasons and bases for an administrative decision.

• State the reasons and bases in clear, simple, easy-to-understand terms. Fully describe the reasoning that led to the decision.
• Support conclusions by analysis and explanation of the credibility and value of the evidence on which they are based. The assertion of unsupported conclusions is unnecessary.
• Acknowledge contentions that argue against the decision, and explain why they did not prevail.
• Quote directly from relevant laws and regulations, if/as needed, to support the conclusion reached, but do not rely on the citing of regulatory text in its entirety as a substitute for a qualitative discussion.
• Impartially list all evidence, both favorable and unfavorable. Generally, identify and paraphrase pertinent information from the available evidence instead of quoting from it at length.
• Evaluate all the evidence, including sworn oral testimony and certified statements submitted by claimants, and clearly explain why that evidence is found to be persuasive or unpersuasive.
• Explicitly address each item of evidence and each of the claimant’s contentions.

Important:

• In all favorable administrative decisions, include the following statement as part of the reasons and bases: All elements required to decide the issue of[issue] were met, and all findings were favorable to the claimant.
• In all unfavorable administrative decisions,
  • discuss as part of the reasons and bases all unmet elements that were required to grant the claim
  • clearly label and identify findings that were favorable to the claimant pursuant to 38 CFR 3.103(f), if any exist, under a FAVORABLE FINDINGS heading.

References: For more information on

• favorable findings in COD determinations, see M21-1, Part X, Subpart iv, 1.A.1.k and l
• required elements of administrative decisions, see M21-1, Part X, Subpart v, 1.C.2.d, and
• the format for documenting an administrative decision, see M21-1, Part X, Subpart v, 1.C.2.g.

X.v.1.C.2.f#Addressing Favorable Findings

Findings (conclusions on a fact, or application of law to facts made by the adjudicator concerning the issue) that are favorable, are binding on subsequent Department of Veterans Affairs (VA) adjudicators unless rebutted by evidence showing that they are clearly and unmistakably erroneous. In unfavorable administrative decisions, address any favorable findings under the decision sub-heading FAVORABLE FINDINGS. Example(for parental relationship): FAVORABLE FINDINGS:

• You are service-connected with an evaluation of 30 percent or more.
• You provided the name of your claimed foster parent.
• You provided the Social Security number of your claimed foster parent.

In unfavorable administrative decisions where there are no favorable findings the FAVORABLE FINDINGS sub-heading is not required. In fully favorable administrative decisions, the FAVORABLE FINDINGS sub-heading is not required. The regulatory requirement of a listing of favorable findings is satisfied with a general statement under the REASONS AND BASES sub-heading that all findings were favorable. Exception: PMCs address favorable findings in the decision notice rather than in the body of the administrative decision. References: For more information on

• the requirement to list favorable findings, see 38 CFR 3.103(f)
• the binding effect of favorable findings, see
  • 38 CFR 3.104(c), and
  • M21-1, Part X, Subpart ii, 1.A.2, and
• addressing favorable findings in COD determinations, see M21-1, Part X, Subpart iv, 1.A.1.k and l.

X.v.1.C.2.g#Template for an Administrative Decision

The following exhibit contains a template for documenting an administrative decision: — **[Designation of VA Office] [File Number][Location of VA Office] [Veteran’s Name]**ADMINISTRATIVE DECISION ISSUE: [State the question at issue.]EVIDENCE: [List all documents and information reviewed in making the decision by

• giving specific data about each to distinguish it from other evidence, and

• following the evidentiary naming conventions prescribed in M21-1, Part V, Subpart iv, 1.A.4.c.]Example:**

• Maryland Highway Patrol Accident Report of November 9, 2000, received on January 17, 2017.

• VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits , received on January 17, 2017.

PERTINENT LAWS AND REGULATIONS: [List all laws and regulations applicable to the decided issue.]Examples:

• 38 CFR 3.301 (line of duty/misconduct)
• 38 CFR 3.53 (continuous cohabitation)

[Reproduce only the relevant portion of the regulations necessary to the decision.]DECISION: [Clearly and briefly state the decision.]REASONS AND BASES: [The reasons and bases section must be included on all administrative decisions, including favorable ones.]FAVORABLE FINDINGS: [In all unfavorable decisions, list any favorable findings. This heading is not required in fully favorable decisions or unfavorable decisions where no favorable findings are made.]_ _Note: If an electronic claims folder (eFolder) exists, the claims processor will use a VA Form 21-0961, Rating Decision/Administrative Decision/Formal Finding/Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) (Electronic Signatures) , to obtain electronic signatures, using the same process described in M21-1, Part X, Subpart v, 1.C.2.i.

References: For more information on

• providing adequate reasons and bases for an administrative decision, see M21-1, Part X, Subpart v, 1.C.2.e, and

• listing favorable findings in an administrative decision, see M21-1, Part X, Subpart v, 1.C.2.d-f.

X.v.1.C.2.h#Approval Requirements for Administrative Decisions

Most administrative decisions require approval by a person specified by the VSCM or PMCM (the VSCM/PMCM designee). Exception: Types of administrative decisions where VSCM or PMCM designee approval is not required are listed in the table in M21-1, Part X, Subpart v, 1.C.1.a. Where approval by a VSCM/PMCM designee is required, it does not mean that the VSCM or PMCM must personally review and sign the administrative decision. The VSCM or PMCM may designate another employee such as a Coach or even a lower graded employee to perform those actions. Administrative decisions affecting permanent entitlement to benefits (notably including decisions on COD or willful misconduct) require the following approval:

• A Certified VSR at General Schedule (GS) 11 (or higher) who maintains monthly quality, and who has been given single signature authority requires no further approval or concurrence signature for grants (favorable administrative determinations).
• A Certified GS-11 (or higher) VSR requires concurrence by a second Certified VSR at the same (or a higher) GS level for a denial (unfavorable administrative determination) or for a grant if the VSR did not have single signature authority.
• When either a favorable or unfavorable administrative determination is prepared by a lower-grade claims processor, the decision requires second-signature by a certified GS 11 (or higher) VSR.

The GS-11 or higher VSR who approves the decision (either as a single signature or a second signature) satisfies the requirement for approval of the determination by a VSCM or PMCM designee. Do not refer COD or willful misconduct determinations for the additional signature of a supervisory employee such as a coach. Reference: For more information on delegations of authority, see 38 CFR 3.100(a) and 38 CFR 2.6.

X.v.1.C.2.i#Process for Electronically Signing Administrative Decisions in VBMS

The table below describes the process for electronically signing an administrative decision in VBMS.

X.v.1.C.2.j#Notifying Claimants of an Unfavorable Administrative Decision

When an administrative decision is unfavorable, send notice to the claimant in a letter containing the elements in M21-1, Part VI, Subpart i, 1.B.1.b, including options for decision review. An unfavorable decision includes a determination that

• new and relevant evidence was not submitted
• new and material evidence does not change a prior determination, or
• CUE did not exist in a prior determination.

Important: A single decision notice will be prepared and released to the claimant after the administrative decision is completed and the claims processor

• denies benefits, or
• denies benefits based on a rating decision.

References: For more information on

• claimant notification following a COD determination, see M21-1, Part X, Subpart iv, 1.A.1.n
• notification that a prior final COD determination cannot be changed, see M21-1, Part X, Subpart iv, 1.A.1.q, and
• decision and notice requirements involving final administrative decisions, see Harris v. McDonough, 33 Vet.App. 269 (2021).