---
kind: "section"
citation: "38 C.F.R. § 21.420"
title: "38"
number: "21.420"
heading: "Informing the veteran."
url: "https://uscodex.org/cfr/38/21.420"
---

# §21.420. Informing the veteran.

- (a) **General.** VA will inform a veteran in writing of findings affecting receipt of benefits and services under Chapter 31. This includes veterans:
  - (1) Requesting benefits and services; or
  - (2) **In receipt of benefits and services.**
- (b) **Notification—** Each notification should include the following:
  - (1) **Identification of the issues adjudicated.**
  - (2) **A summary of the evidence considered by the Secretary.**
  - (3) **A summary of the applicable laws and regulations relevant to the decision.**
  - (4) **Identification of findings favorable to the veteran.**
  - (5) **In the case of a denial of a claim, identification of elements not satisfied leading to the denial.**
  - (6) **An explanation of how to obtain or access evidence used in making the decision.**
  - (7) A summary of the applicable review options available for the veteran to seek further review of the decision.
- (c) **Adverse action.** An adverse action is one, other than an interim action such as a suspension of benefits pending development, which:
  - (1) Denies Chapter 31 benefits, when such benefits have been requested;
  - (2) Reduces or otherwise diminishes benefits being received by the veteran; or
  - (3) Terminates receipt of benefits for reasons other than scheduled interruptions which are a part of the veteran's plan.
- (d) **Prior notification of adverse action.** VA shall give the veteran a period of at least 30 days to review, prior to its promulgation, an adverse action other than one which arises as a consequence of a change in training time or other such alteration in circumstances. During that period, the veteran shall be given the opportunity to:
  - (1) Meet informally with a representative of VA;
  - (2) Review the basis for VA decision, including any relevant written documents or material; and
  - (3) Submit to VA any material which he or she may have relevant to the decision.
- (e) **Favorable findings.** Any finding favorable to the veteran is binding on all subsequent agency of original jurisdiction and Board of Veterans' Appeals adjudicators, unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding.

## Notes

### Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 40872, Oct. 4, 1989; 84 FR 193, Jan. 18, 2019]

### Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

### Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

### Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 40872, Oct. 4, 1989; 84 FR 193, Jan. 18, 2019]