« PreviousContinue »
$8 19.54–19.74 [Reserved]
Subpart D-Hearings Before the
Board of Veterans' Appeals at Department of Veterans Affairs Field Facilities
(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)
$19.75 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)
8 19.52 Notification to claimant of fil.
ing 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 pay
ments pending determination of administrative appeals. If an administrative appeal is taken from a review or determination by the agency of original jurisdiction pursuant to $8 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)
$19.76 Notice of time and place of
hearing before the Board of Vet. erans' 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)
$ 19.100 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))
the subject of that contested claim.
$ 19.101 Notice to contesting parties on
$ 19.102 Notice of appeal to other con
testing 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.
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)
(Authority: 38 U.S.C. 7105A(b))
APPENDIX A TO PART 19/CROSS
Title of cross-referenced material or comment
38 CFR 14.507(b)
38 CFR 20.1303
38 CFR 19.50-19.53
See re "precedent opinions" of the General Counsel of the Department of Veterans
sponse to Supplemental Statement of the Case.
sponse to Supplemental Statement of the Case.
sponse to Supplemental Statement of the Case in simultaneously contested
claims. See re administrative appeals. Restriction as to change in payments pending determination of administrative ap
Board of Veterans' Appeals at Department of Veterans Affairs field facilities.
38 CFR 20.501
38 CFR 19.50–19.53
38 CFR 20.704
38 CFR 20.713
PART 20-BOARD OF VETERANS APPEALS: RULES OF PRACTICE
Sec. 20.1 Rule 1. Purpose and construction of
Rules of Practice. 20.2 Rule 2. Procedure in absence of specific
Rule of Practice. 20.3 Rule 3. Definitions. 20.4–20.99 [Reserved)
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 address
es of record in simultaneously contested
claims. 20.505–20.599 (Reserved]
Subpart B—The Board 20.100 Rule 100. Name, business hours, and
mailing address of the Board. 20.101 Rule 101. Jurisdiction of the Board. 20.102 Rule 102. Delegation of authority
Rules of Practice. 20.103–20.199 (Reserved]
Subpart C—Commencement and
Perfection of Appeal
20.200 Rule 200. What constitutes an appeal. 20.201 Rule 201. Notice of Disagreement. 20.202 Rule 202. Substantive Appeal. 20.203 (Reserved] 20.204 Rule 204. Withdrawal of Notice of Dis
agreement or Substantive Appeal. 20.205–20.299 [Reserved]
20.600 Rule 600. Right to representation. 20.601 Rule 601. Only one representative rec
ognized. 20.602 Rule 602. Representation by recog
nized organizations. 20.603 Rule 603. Representation by attor
neys-at-law. 20.604 Rule 604. Representation by agents. 20.605 Rule 605. Other persons as representa
tive. 20.606 Rule 606. Legal interns, law students
and paralegals. 20.607 Rule 607. Revocation of a representa
tive'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 be
fore 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' Ap
peals. 20.612–20.699 [Reserved]
Subpart D-Filing 20.300 Rule 300. Place of filing Notice of Dis
agreement 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 Sup
plemental 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 rep
resentative on notification of adminis
trative appeal. 20.401 Rule 401. Effect of decision on admin
istrative or merged appeal on claimant's
appellate rights. 20.402–20.499 (Reserved)
Subpart H-Hearings on Appeal 20.700 Rule 700. General. 20.701 Rule 701. Who may present oral argu
ment. 20.702 Rule 702. Scheduling and notice of
hearings conducted by the Board of Vet
erans' 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 Vet
erans Affairs field facilities. 20.705 Rule 705. Where hearings are con
ducted. 20.706 Rule 706. Functions of the presiding
Member. 20.707 Rule 707. Designation of Member or
Members to conduct the hearing.
Subpart F-Simultaneously Contested
Claims 20.500 Rule 500. Who can file an appeal in si
multaneously contested claims.
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, rep
resentatives, and witnesses incident to hearings not reimbursable by the Gov
ernment. 20.713 Rule 713. Hearings in simultaneously
contested claims. 20.714 Rule 714. Record of hearing. 20.715 Rule 715. Recording of hearing by ap
pellant or representative. 20.716 Rule 716. Correction of hearing tran
scripts. 20.717 Rule 717. Loss of hearing tapes or
transcripts-motion for new hearing. 20.718-20.799 [Reserved)
Subpart 1–Evidence 20.800 Rule 800. Submission of additional
evidence after initiation of appeal. 20.801–20.899 [Reserved]
Subpart M—Privacy Act 20.1200 Rule 1200. Privacy Act request-ap
peal 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 rep
resentation, request for personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals.
Subpart J-Action by the Board 20.900 Rule 900. Order of consideration of ap
peals. 20.901 Rule 901. Medical opinions and opin
ions of the General Counsel. 20.902 Rule 902. Filing of requests for the
procurement of opinions. 20.903 Rule 903. Notification of evidence se
cured and law to be considered by the
Board and opportunity for response. 20.904 Rule 904. Vacating a decision. 20.905–20.999 [Reserved]
Subpart 0-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 re
quirements; withdrawal. 20.1405 Rule 1405. Disposition. 20.1406 Rule 1406. Effect of revision; dis
continuance or reduction of benefits. 20.1407 Rule 1407. Motions by the Board. 20.1408 Rule 1408. Special rules for simulta
neously contested claims. 20.1409 Rule 1409. Finality and appeal. 20.1410 Rule 1410. Stays pending court ac
tion. 20.1411 Rule 1411, Relationship to other stat
utes. 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 K-Reconsideration 20.1000 Rule 1000. When reconsideration is
accorded. 20.1001 Rule 1001. Filing and disposition of
motion for reconsideration. 20.1002 Rule 1002. [Reserved] 20.1003 Rule 1003. Hearings on reconsider
ation. 20.1004–20.1099 (Reserved]
Subpart L-Finality 20.1100 Rule 1100. Finality of decisions of
the Board. 20.1101 Rule 1101. (Reserved] 20.1102 Rule 1102. Harmless error. 20.1103 Rule 1103. Finality of determinations
of the agency of original jurisdiction
where appeal is not perfected. 20.1104 Rule 1104. Finality of determinations
of the agency of original jurisdiction af
firmed on appeal. 20.1105 Rule 1105. New claim after promulga
tion of appellate decision. 20.1106 Rule 1106. Claim for death benefits
by survivor-prior unfavorable decisions during veteran's lifetime.
8 20.1 Rule 1. Purpose and construc
tion 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 (g) Claimant means a person who has construed to secure a just and speedy filed a claim, as defined by paragraph decision in every appeal.
(f) of this section.
(h) Electronic hearing means a hearing (Authority: 38 U.S.C. 501(a), 5107, 7104)
on appeal in which an appellant or a
representative participates, through $ 20.2 Rule 2. Procedure in absence of
voice transmission or through picture specific Rule of Practice.
and voice transmission, by electronic Where in any instance there is no ap
or other means, in a hearing with a plicable rule or procedure, the Chair
Member or Members sitting at the man may prescribe a procedure which
Board's principal location in Washis consistent with the provisions of
ington, DC. title 38, United States Code, and these (i) Hearing on appeal means a hearing rules
conducted after a Notice of Disagree(Authority: 38 U.S.C. 501(a), 512(a), 7102, 7104) ment has been filed in which argument
and/or testimony is presented con$ 20.3 Rule 3. Definitions.
cerning the determination, or deterAs used in these Rules:
minations, by the agency of original (a) Agency of original jurisdiction jurisdiction being appealed. means the Department of Veterans Af
(j) Law student means an individual fairs regional office, medical center, pursuing a Juris Doctor or equivalent clinic, cemetery, or other Department degree at a school approved by a recogof Veterans Affairs facility which made
nized accrediting association. the initial determination on a claim (k) Legal intern means a graduate of a or, if the applicable records are later law school, which has been approved by permanently transferred to another a recognized accrediting association, Department of Veterans Affairs facil who has not yet been admitted to a ity, its successor.
State bar. (b) Agent means a person who has (1) Motion means a request that the met the standards and qualifications Board rule on some question which is for accreditation outlined in $14.629(b) subsidiary to the ultimate decision on of this chapter and who has been prop the outcome of an appeal. For example, erly designated under the provisions of the questions of whether a representaRule 604 (820.604 of this part). It does tive's fees are reasonable or whether not include representatives recognized additional evidence may be submitted under Rules 602, 603, or 605 (820.602, more than 90 days after certification of 20.603, or $20.605 of this part).
an appeal to the Board are raised by (c) Appellant means a claimant who motion (see Rule 609, paragraph (i), and has initiated an appeal to the Board of Rule 1304, paragraph (b) 88 20.609(i) and Veterans' Appeals by filing a Notice of 20.1304(b) of this part). Unless raised Disagreement pursuant to the provi orally at a personal hearing before sions of 38 U.S.C. 7105.
Members of the Board, motions for con(d) Attorney-at-law means a member sideration by the Board must be made in good standing of a State bar.
in writing. No formal type of document (e) Benefit means any payment, serv- is required. The motion may be in the ice, commodity, function, or status, en form of a letter which contains the titlement to which is determined under nece laws administered by the Department (m) Paralegal means a graduate of a of Veterans Affairs pertaining to vet course of paralegal instruction given erans and their dependents and sur by a school which has been approved by vivors.
a recognized accrediting association, or (f) Claim means application made an individual who has equivalent legal under title 38, United States Code, and experience. implementing directives for entitle (n) Past-due benefits means a nonment to Department of Veterans Af- recurring payment resulting from a fairs benefits or for the continuation or benefit, or benefits, granted on appeal increase of such benefits, or the defense or awarded on the basis of a claim reof a proposed agency adverse action opened after a denial by the Board of concerning benefits.
Veterans' Appeals or the lump sum