the following address: Director, Management and Administration (01E), Board of Veterans' Appeals, 810 Vermont Avenue, NW, Washington, DC 20420. (d) Decision to be by the Board. The decision on a motion under this subpart shall be made by the Board. There shall be no referral of the matter to any adjudicative or hearing official acting on behalf of the Secretary for the purpose of deciding the motion.. (e) Referral to ensure completeness of the record. Subject to the provisions of paragraph (b) of this section, the Board may use the various agencies of original jurisdiction to ensure completeness of the record in connection with a motion under this subpart. (f) General Counsel opinions. The Board may secure opinions of the General Counsel in connection with a motion under this subpart. In such cases, the Board will notify the party and his or her representative, if any. When the opinion is received by the Board, a copy of the opinion will be furnished to the party's representative or, subject to the limitations provided in 38 U.S.C. 5701(b)(1), to the party if there is no representative. A period of 60 days from the date of mailing of a copy of the opinion will be allowed for response. The date of mailing will be presumed to be the same as the date of the letter or memorandum which accompanies the copy of the opinion for purposes of determining whether a response was timely filed. (g) Decision. The decision of the Board on a motion will be in writing. The decision will include separately stated findings of fact and conclusions of law on all material questions of fact and law presented on the record, the reasons or bases for those findings and conclusions, and an order granting or denying the motion. (Authority: 38 U.S.C. 501(a), 7104(d), 7111) [64 FR 2139, Jan. 13, 1999, as amended at 64 FR 7091, Feb. 12, 1999; 66 FR 37151, July 17, 2001] $ 20.1406 Rule 1406. Effect of revision; discontinuance or reduction of ben efits. (a) General. A decision of the Board that revises a prior Board decision on the grounds of clear and unmistakable error has the same effect as if the de sion had been made on the date of i prior decision. (b) Discontinuance or reduction of b efits. Revision of a prior Board decisi under this subpart that results in i discontinuance or reduction of benef is subject to laws and regulations g erning the reduction or discontinuat of benefits by reason of errone award based solely on administrat error or errors in judgment. (Authority: 38 U.S.C. 7111(b)) § 20.1407 Rule 1407. Motions by 1 Board. If the Board undertakes, on its o motion, a review pursuant to this s part, the party to that decision a that party's representative (if any) w be notified of such motion and prović an adequate summary thereof and, applicable, outlining any proposed d continuance or reduction in benef that would result from revision of t Board's prior decision. They will be lowed a period of 60 days to file a br or argument in answer. The failure o party to so respond does not affect t finality of the Board's decision on t motion. (Authority: 38 U.S.C. 501(a), 7111) § 20.1408 Rule 1408. Special rules i simultaneously contested claims. In the case of a motion under th subpart to revise a final Board decisi in a simultaneously contested claim, that term is used in Rule 3(0) (§20.3 of this part), a copy of such moti shall, to the extent practicable, be se to all other contesting parties. Oth parties have a period of 30 days fro the date of mailing of the copy of t motion to file a brief or argument answer. The date of mailing of the co will be presumed to be the same as t date of the letter which accompani the copy. Notices in simultaneous contested claims will be forwarded the last address of record of the parti concerned and such action will co stitute sufficient evidence of notice. (Authority: 38 U.S.C. 501(a)) $20.1409 Rule 1409. Finality and appeal. (a) A decision on a motion filed by a party or initiated by the Board pursuant to this subpart will be stamped with the date of mailing on the face of the decision, and is final on such date. The party and his or her representative, if any, will be provided with copies of the decision. (b) For purposes of this section, a dismissal without prejudice under Rule 1404(a)(§ 20.1404(a) of this part), Rule 1404(b)(§ 20.1404(b)), Rule 1404(f)(§ 20.1404(f)), or a referral under Rule 1405(e) is not a final decision of the Board. or (c) Once there is a final decision on a motion under this subpart relating to a prior Board decision on an issue, that prior Board decision on that issue is no longer subject to revision on the grounds of clear and unmistakable error. Subsequent motions relating to that prior Board decision on that issue shall be dismissed with prejudice. (d) Chapter 72 of title 38, United States Code (relating to judicial review), applies with respect to final decisions on motions filed by a party or initiated by the Board pursuant to this subpart. (Authority: 38 U.S.C. 501(a); Pub. L. 105-111) [64 FR 2139. Jan. 13, 1999, as amended at 66 FR 35903, July 10, 2001] $20.1410 Rule 1410. Stays pending court action. The Board will stay its consideration of a motion under this subpart upon re Statement of policy. ceiving notice that the Board decision that is the subject of the motion has been appealed to a court of competent jurisdiction until the appeal has been concluded or the court has issued an order permitting, or directing, the Board to proceed with the motion. (Authority: 38 U.S.C. 501(a)) § 20.1411 Rule 1411. Relationship to other statutes. (a) The "benefit of the doubt" rule of 38 U.S.C. 5107(b) does not apply to the Board's decision, on a motion under this subpart, as to whether there was clear and unmistakable error in a prior Board decision. (b) A motion under this subpart is not a claim subject to reopening under 38 U.S.C. 5108 (relating to reopening claims on the grounds of new and material evidence). (c) A motion under this subpart is not an application for benefits subject to any duty associated with 38 U.S.C. 5103(a) (relating to applications for benefits). (d) A motion under this subpart is not a claim for benefits subject to the requirements and duties associated with 38 U.S.C. 5107(a) (requiring "wellgrounded" claims and imposing a duty to assist). (Authority: 38 U.S.C. 501(a)) APPENDIX A TO PART 20-CROSSREFERENCES Title of cross-referenced material or comment Rule 306. Legal holidays. Rule 201, Notice of Disagreement. Rule 202. Substantive Appeal. See re filing Notices of Disagreement and Substantive Appeals. Statement of the Case. Supplemental Statement of the Case. Rule 500. Who can file an appeal in simultaneously contested claims. Rule 602. Representation by recognized organizations. Rule 603. Representation by attorneys-at-law. Rule 604. Representation by agents. Rule 605. Other persons as representative. Rule 501. Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims. Rule 304. Filing additional evidence does not extend time limit for appeal. Rule 503. Extension of time for filing a Substantive Appeal in simultaneously contested claims. Rule 306. Legal holidays. See also re administrative appeals. See also re administrative appeals. 38 CFR 20.610 20.610 38 CFR 20.609 20.611 20.701 38 CFR 20.710 Title of cross-referenced material or comment See re time limits for perfecting an appeal. See re time limits for perfecting an appeal in simultaneously contested claims. Rule 305. Computation of time limit for filing. Rule 306. Legal holidays. Rule 713. Hearings in simultaneously contested claims. Rule 713. Hearings in simultaneously contested claims. Rule 602. Representation by recognized organizations. Rule 604. Representation by agents. Rule 605. Other persons as representative. Recognition of organizations. Powers of attorney. Rule 100. Name, business hours, and mailing address of the Board. Rule 607. Revocation of a representative's authority to act. Rule 608. Withdrawal of services by a representative. Rule 609. Payment of representative's fees in proceedings before Department of Rule 100. Name, business hours, and mailing address of the Board. Rule 606. Legal interns, law students and paralegals. Rule 607. Revocation of a representative's authority to act. Rule 608. Withdrawal of services by a representative. Rule 609. Payment of representative's fees in proceedings before Department of Rule 100. Name, business hours, and mailing address of the Board. Rule 608. Withdrawal of services by a representative. Rule 609. Payment of representative's fees in proceedings before Department of Powers of attorney. Rule 100. Name, business hours, and mailing address of the Board. Rule 607. Revocation of a representative's authority to act. Rule 608. Withdrawal of services by a representative. Rule 609. Payment of representative's fees in proceedings before Department of See also re revocation of powers of attorney. Requirements for accreditation of representatives, agents, and attorneys. Rule 606. Legal interns, law students and paralegals. Rule 610. Payment of representative's expenses in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals. Rule 609. Payment of representative's fees in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals. 38 CFR 1.525(d), 14.631(e) See also re continuation of authority conferred by powers of attorney upon the death of a claimant. Rule 710. Witnesses at hearings. Rule 704. Scheduling and notice of hearings conducted by traveling Sections of the Rule 713. Hearings in simultaneously contested claims. Rule 201. Notice of Disagreement. Rule 702. Scheduling and notice of hearings conducted by the Board of Veterans' Title of cross-referenced material or comment Rule 709, Procurement of additional evidence following a hearing. See re the prehearing conference required when a legal intern, law student, or paralegal is to participate in a hearing held before a traveling Section of the Board. Consideration of additional evidence received by the agency of original jurisdiction after an appeal has been initiated. Rule 1304. Request for change in representation, request for personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals. Rule 711. Subpoenas. See for further information on subpoenas, including action to be taken in the event of noncompliance. Rule 702 Scheduling and notice of hearings conducted by the Board of Veterans' Rule 704. Scheduling and notice of hearings conducted by traveling Sections of the Rule 304. Filing additional evidence does not extend time limit for appeal. Rule 1304. Request for change in representation, request for personal hearing, or See re opinions of the General Counsel of the Department of Veterans Affairs. Rule 306. Legal holidays. See re submission of written brief and of oral argument on audio cassette. Reopened claim. See re request for a personal hearing or submission of additional evidence more than 60 days after a case has been certified to the Board of Veterans' Appeals as possible basis for a reopened claim. See re correction of a rating, after a veteran's death, based on clear and unmistakable error, in cases involving claims for benefits under the provisions of 38 U.S.C. 1318. See re the release of information from Department of Veterans Affairs claimant records. See re the release of information from Department of Veterans Affairs records other See re safeguarding personal information in Department of Veterans Affairs records. Access to records. Rule 611. Continuation of representation following death of a claimant or appellant. New and material evidence. Reopened claim. Rule 305. Computation of time limit for filing. Rule 306. Legal holidays. PART 21-VOCATIONAL REHABILITATION AND EDUCATION |