(2) Time limit. The Director or comparable official must file an administrative appeal within 6 months from the date of mailing notice of the determination to the claimant. Officials below the level of Director must do so within 60 days from such date.

(c) The date of mailing. With respect to paragraphs (a) and (b) of this section, the date of mailing notice of the determination to the claimant will be presumed to be the same as the date of the letter of notification to the claimant.

(Authority: 38 U.S.C. 7106)

[57 FR 4104. Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996]

§ 19.52

Notification to claimant of filing of administrative appeal.

When an administrative appeal is entered, the claimant and his or her representative, if any, will be promptly furnished a copy of the memorandum entitled "Administrative Appeal," or an adequate summary thereof, outlining the question at issue. They will be allowed a period of 60 days to join in the appeal if they so desire. The claimant will also be advised of the effect of such action and of the preservation of normal appeal rights if he or she does not elect to join in the administrative appeal.

(Authority: 38 U.S.C. 7106)

$ 19.53 Restriction as to change in payments pending determination of administrative appeals.

If an administrative appeal is taken from a review or determination by the agency of original jurisdiction pursuant to §§19.50 and 19.51 of this part, that review or determination may not be used to effect any change in payments until after a decision is made by the Board of Veterans' Appeals. (Authority: 38 U.S.C. 7106)

§§ 19.54-19.74 [Reserved]

Subpart D-Hearings Before the Board of Veterans' Appeals at Department of Veterans Affairs Field Facilities

§ 19.75 Field hearing docket.

Hearings on appeal held at Department of Veterans Affairs field facilities will be scheduled for each area served by a regional office in accordance with the place of each case on the Board's docket, established under $20.900 of this chapter, relative to other cases for which hearings are scheduled to be held within that area. Such scheduling is subject to §20.704(f) of this chapter pertaining to advancement of a case on the hearing docket.

(Authority: 38 U.S.C. 7107) [65 FR 14471, Mar. 17, 2000]

§ 19.76 Notice of time and place of hearing before the Board of Veterans' Appeals at Department of Veterans Affairs field facilities.

The agency of original jurisdiction will notify the appellant and his or her representative of the place and time of a hearing before the Board of Veterans Appeals at a Department of Veterans Affairs field facility not less than 30 days prior to the hearing date. This time limitation does not apply to hearings which have been rescheduled due to a postponement requested by an appellant, or on his or her behalf, or due to the prior failure of an appellant to appear at a scheduled hearing before the Board of Veterans' Appeals at a Department of Veterans Affairs field facility with good cause. The right to notice at least 30 days in advance will be deemed to have been waived if an appellant accepts an earlier hearing date due to the cancellation of another previously scheduled hearing.

(Authority: 38 U.S.C. 7107)

[61 FR 20449, May 7, 1996, as amended at 61 FR 43008, Aug. 20, 1996]

§§19.77-19.99 [Reserved]

Subpart E-Simultaneously
Contested Claims

§ 19.100 Notification of right to appeal in simultaneously contested claims. All interested parties will be specifically notified of the action taken by the agency of original jurisdiction in a simultaneously contested claim and of the right and time limit for initiation of an appeal, as well as hearing and representation rights.

(Authority: 38 U.S.C. 7105A(a))

§ 19.101 Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims.

Upon the filing of a Notice of Disagreement in a simultaneously contested claim, all interested parties and their representatives will be furnished a copy of the Statement of the Case. The Statement of the Case so furnished will contain only information which directly affects the payment or potential payment of the benefit(s) which is (are)

Cross-reference

38 CFR 14.507(b)

Sec.

19.5

the subject of that contested claim. The interested parties who filed Notices of Disagreement will be duly notified of the right to file, and the time limit within which to file, a Substantive Appeal and will be furnished with VA Form 9, "Appeal to Board of Veterans' Appeals."

(Authority: 38 U.S.C. 7105A(b))

[57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996]

§ 19.102 Notice of appeal to other contesting parties in simultaneously contested claims.

When a Substantive Appeal is filed in a simultaneously contested claim, the content of the Substantive Appeal will be furnished to the other contesting parties to the extent that it contains information which could directly affect the payment or potential payment of the benefit which is the subject of the contested claim.

(Authority: 38 U.S.C. 7105A(b))

APPENDIX A TO PART 19-CROSSREFERENCES

Title of cross-referenced material or comment

20.300 Rule 300. Place of filing Notice of Disagreement and Substantive Appeal.

20.301 Rule 301. Who can file an appeal. 20.302 Rule 302. Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case. 20.303

Rule 303. Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case. 20.304 Rule 304. Filing additional evidence does not extend time limit for appeal. 20.305 Rule 305. Computation of time limit for filing.

20.306 Rule 306. Legal holidays. 20.307-20.399 [Reserved]

Subpart E-Administrative Appeals

20.400 Rule 400. Action by claimant or representative on notification of administrative appeal.

20.401 Rule 401. Effect of decision on administrative or merged appeal on claimant's appellate rights.

20.402-20.499 [Reserved]

Subpart F-Simultaneously Contested Claims

20.500 Rule 500. Who can file an appeal in simultaneously contested claims.

20.501 Rule 501. Time limits for filing Notice of Disagreement, Substantive Appeal. and response to Supplemental Statement of the Case in simultaneously contested claims.

20.502 Rule 502. Time limit for response to appeal by another contesting party in a simultaneously contested claim.

20.503 Rule 503. Extension of time for filing a Substantive Appeal in simultaneously contested claims.

20.504 Rule 504. Notices sent to last addresses of record in simultaneously contested claims.

20.505-20.599 [Reserved]

Subpart G-Representation

20.600 Rule 600. Right to representation. 20.601 Rule 601. Only one representative recognized.

20.602 Rule 602. Representation by recognized organizations.

20.603 Rule 603. Representation by attorneys-at-law.

20.604 Rule 604. Representation by agents. 20.605 Rule 605. Other persons as representative.

20.606 Rule 606. Legal interns, law students and paralegals.

20.607 Rule 607. Revocation of a representative's authority to act.

20.608 Rule 608. Withdrawal of services by a representative.

20.609 Rule 609. Payment of representative's fees in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals. 20.610 Rule 610. Payment of representative's expenses in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals.

20.612-20.699 [Reserved]

Subpart H-Hearings on Appeal

20.700 Rule 700. General.

20.701 Rule 701. Who may present oral argument. 20.702 Rule 702. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals in Washington, DC. 20.703 Rule 703. When a hearing before the Board of Veterans' Appeals at a Department of Veterans Affairs field facility may be requested.

20.704 Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities.

20.705 Rule 705. Where hearings are conducted.

20.706 Rule 706. Functions of the presiding Member.

20.707 Rule 707. Designation of Member or Members to conduct the hearing.

20.708 Rule 708. Prehearing conference. 20.709 Rule 709. Procurement of additional evidence following a hearing.

20.710 Rule 710. Witnesses at hearings. 20.711 Rule 711. Subpoenas.

20.712 Rule 712. Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government.

20.713 Rule 713. Hearings in simultaneously contested claims.

20.714 Rule 714. Record of hearing. 20.715 Rule 715. Recording of hearing by appellant or representative.

20.716 Rule 716. Correction of hearing transcripts.

20.717 Rule 717. Loss of hearing tapes or transcripts-motion for new hearing.

20.718-20.799 [Reserved]

20.1107-20.1199 [Reserved]

Subpart M-Privacy Act

20.1200 Rule 1200. Privacy Act request-appeal pending.

20.1201 Rule 1201. Amendment of appellate decisions.

20.1202-20.1299 [Reserved]

Subpart N Miscellaneous

20.1300 Rule 1300. Removal of Board records. 20.1301 Rule 1301. Disclosure of information. 20.1302 Rule 1302. Death of appellant during pendency of appeal.

20.1303 Rule 1303. Nonprecedential nature of Board decisions.

20.1304 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.

Subpart O-Revision of Decisions on Grounds of Clear and Unmistakable Error 20.1400 Rule 1400. Motions to revise Board decisions.

20.1401 Rule 1401. Definitions. 20.1402 Rule 1402. Inapplicability of other rules.

20.1403 Rule 1403. What constitutes clear and unmistakable error; what does not. 20.1404 Rule 1404. Filing and pleading requirements; withdrawal.

20.1405 Rule 1405. Disposition.

20.1406 Rule 1406. Effect of revision; discontinuance or reduction of benefits. 20.1407 Rule 1407. Motions by the Board. 20.1408 Rule 1408. Special rules for simultaneously contested claims.

20.1409 Rule 1409. Finality and appeal. 20.1410 Rule 1410. Stays pending court action.

20.1411 Rule 1411. Relationship to other statutes.

APPENDIX A TO PART 20-CROSS-REFERENCES

AUTHORITY: 38 U.S.C. 501(a) and as noted in specific sections.

SOURCE: 57 FR 4109, Feb. 3, 1992, unless otherwise noted.

Subpart A-General

§ 20.1 Rule 1. Purpose and construction of Rules of Practice.

(a) Purpose. These rules establish the practices and procedures governing appeals to the Board of Veterans' Appeals.

(Authority: 38 U.S.C. 501(a), 7102, 7104)

(b) Construction. These rules are to be construed to secure a just and speedy decision in every appeal.

(Authority: 38 U.S.C. 501(a), 5107, 7104)

$20.2 Rule 2. Procedure in absence of specific Rule of Practice.

Where in any instance there is no applicable rule or procedure, the Chairman may prescribe a procedure which is consistent with the provisions of title 38, United States Code, and these rules.

(Authority: 38 U.S.C. 501(a), 512(a), 7102, 7104)

§ 20.3 Rule 3. Definitions.

As used in these Rules:

(a) Agency of original jurisdiction means the Department of Veterans Affairs regional office, medical center, clinic, cemetery, or other Department of Veterans Affairs facility which made the initial determination on a claim or, if the applicable records are later permanently transferred to another Department of Veterans Affairs facility, its successor.

(b) Agent means a person who has met the standards and qualifications for accreditation outlined in §14.629(b) of this chapter and who has been properly designated under the provisions of Rule 604 (§ 20.604 of this part). It does not include representatives recognized under Rules 602, 603, or 605 (§ 20.602, 20.603, or § 20.605 of this part).

(c) Appellant means a claimant who has initiated an appeal to the Board of Veterans' Appeals by filing a Notice of Disagreement pursuant to the provisions of 38 U.S.C. 7105.

(d) Attorney-at-law means a member in good standing of a State bar.

(e) Benefit means any payment, service, commodity, function, or status, entitlement to which is determined under laws administered by the Department of Veterans Affairs pertaining to veterans and their dependents and survivors.

(f) Claim means application made under title 38, United States Code, and implementing directives for entitlement to Department of Veterans Affairs benefits or for the continuation or increase of such benefits, or the defense of a proposed agency adverse action concerning benefits.

(g) Claimant means a person who has filed a claim, as defined by paragraph (f) of this section.

(h) Electronic hearing means a hearing on appeal in which an appellant or a representative participates, through voice transmission or through picture and voice transmission, by electronic or other means, in a hearing with a Member or Members sitting at the Board's principal location in Washington, DC.

(i) Hearing on appeal means a hearing conducted after a Notice of Disagreement has been filed in which argument and/or testimony is presented concerning the determination, or determinations, by the agency of original jurisdiction being appealed.

(j) Law student means an individual pursuing a Juris Doctor or equivalent degree at a school approved by a recognized accrediting association.

(k) Legal intern means a graduate of a law school, which has been approved by a recognized accrediting association, who has not yet been admitted to a State bar.

(1) Motion means a request that the Board rule on some question which is subsidiary to the ultimate decision on the outcome of an appeal. For example, the questions of whether a representative's fees are reasonable or whether additional evidence may be submitted more than 90 days after certification of an appeal to the Board are raised by motion (see Rule 609, paragraph (i), and Rule 1304, paragraph (b) §§ 20.609(i) and 20.1304(b) of this part). Unless raised orally at a personal hearing before Members of the Board, motions for consideration by the Board must be made in writing. No formal type of document is required. The motion may be in the form of a letter which contains the necessary information.

(m) Paralegal means a graduate of a course of paralegal instruction given by a school which has been approved by a recognized accrediting association, or an individual who has equivalent legal experience.

(n) Past-due benefits means a nonrecurring payment resulting from a benefit, or benefits, granted on appeal or awarded on the basis of a claim reopened after a denial by the Board of Veterans' Appeals or the lump sum