108 Mass. Reg. 8.03

Current through Register 1524, June 21, 2024
Section 8.03 - Notice of Action
(1) When the veterans' agent denies, changes, or terminates benefits, he or she shall mail or deliver a Notice of Action to the applicant on a form prescribed by the Secretary containing the following information:
(a) the date the Notice of Action was mailed or delivered
(b) the effective date of the denial, termination, or change in benefits
(c) a statement of the intended action
(d) the sufficient facts in support of every reason for the intended action
(e) a reference to the regulation supporting such action
(f) a statement of the right to request a fair hearing
(g) the circumstances under which assistance is continued if a hearing is requested.
(2) The Notice of Action shall be mailed or delivered as follows:
(a) When the applicant for benefits has been denied as soon as possible, and no later than 14 days following the completion of the application for benefits.
(b) When benefits are to be terminated or changed, at least 21 days before effective date of the intended action.
(3) An Amended Notice of Action is required when a defective Notice of Action prejudices an applicant or recipient. An Amended Notice must be prepared as of the new date and could delay the termination of benefits. A defective Notice of Action is one that lacks sufficient and detailed facts so that any person could discern the reasons in support of the action. A letter may be added to the Notice of Action form detailing the facts for this action. Copies of the Notices of Action must be sent the Secretary.
(4) Routine Termination for reasons such as the recipient's return to work, recovery from illness, and completion of medical treatment requires a prompt notification on a Form VS-21A to the Secretary and a proper Notice of Action.

108 CMR 8.03