a decision of the Board. The denial will satisfy the procedural requirements of § 1.579 of this title. If otherwise appropriate, the request will be considered one for Reconsideration under Rules 85 through 90 (§§ 19.185 through 19.190). (5 U.S.C. 552a(d); 38 U.S.C. 4003, 4008)

MISCELLANEOUS

§ 19.200 Rule 100; Index to appellate decisions.

(a) Index. The appellate decisions of the Board of Veterans Appeals have been indexed to facilitate access to the contents of the decisions (BVA Index I-01-1). The index is published quarterly in microfiche form with an annual cummulation. It is organized to provide citations to Board of Veterans Appeals decisions under subject terms chosen to describe the issues adjudicated in the appeals. Cases which pertain to the same issues are grouped together in the index under alphabetically arranged subject terms. The index is available at Veterans Administration regional offices and at the Board of Veterans Appeals in Washington, D.C. Microfiche copies can be obtained by writing to the Appellate Index and Retrieval Staff (01C1), Board of Veterans Appeals, Washington, DC 20420.

(b) Copies of decisions. The index can be used to locate citations to decisions with issues similar to those of concern to an appellant. Each indexed decision has a locator number assigned to it, e.g., 82-07-0001. This number should be used when requesting a paper copy of that decision. These request should be directed to the Appellate Index and Retrieval Staff (01C1), Board of Veterans Appeals, Washington, DC 20420. (5 U.S.C. 552a(2))

§ 19.201 Rule 101; Vacating a decision.

An appellate decision may be vacated by the Board of Veterans Appeals at any time upon request of the appellant or his/her representative or on the Board's own motion.

(a) Due process. Where there has been a prejudicial failure to afford the appellant a personal hearing, a statement of the case, or notification of the right to representation. Where there

has been a failure to honor a request for a hearing, and a hearing is subsequently scheduled but the appellant fails to appear, the decision will not be vacated.

(b) False or fraudulent evidence. Where it is determined that an allowance of benefits by the Board has been materially influenced by false or fraudulent evidence submitted by or on behalf of the appellant, the prior decision will be vacated only with respect to the issue or issues to which, within the judgment of the Board, the false or fraudulent evidence was material. (38 U.S.C. 4004(a))

CROSS REFERENCE. The decision. See Rule 80; § 19.180. When reconsideration is accorded. See Rule 85; § 19.185.

(38 U.S.C. 210(c)(1); Pub. L. 97-377, sec. 156) [50 FR 36993, Sept. 11, 1985; 50 FR 38653, Sept. 24, 1985]