38 CFR Part 20
PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
- PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
- Chapter I—Department of Veterans Affairs
- Subpart A—General
- § 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 Rule 4. Appeal systems definitions and applicability provisions.
- § 20.5 Rule 5. Right to representation.
- § 20.6 Rule 6. Withdrawal of services by a representative.
- §§ 20.7-20.99 [Reserved]
- Subpart B—The Board
- § 20.100 Rule 100. Establishment of the Board.
- § 20.101 Rule 101. Composition of the Board; titles.
- § 20.102 Rule 102. Name, business hours, and mailing address of the Board.
- § 20.103 Rule 103. Principal functions of the Board.
- § 20.104 Rule 104. Jurisdiction of the Board.
- § 20.105 Rule 105. Criteria governing disposition of appeals.
- § 20.106 Rule 106. Assignment of proceedings.
- § 20.107 Rule 107. Disqualification of Members.
- § 20.108 Rule 108. Delegation of authority to Chairman and Vice Chairman, Board of Veterans' Appeals.
- § 20.109 Rule 109. Delegation of authority to Vice Chairman, Deputy Vice Chairmen, or Members of the Board.
- § 20.110 Rule 110. Computation of time limit for filing.
- § 20.111 Rule 111. Legal holidays.
- §§ 20.112-20.199 [Reserved]
- Subpart C—Commencement and Filing of Appeals
- § 20.200 Rule 200. Notification by agency of original jurisdiction of right to appeal.
- § 20.201 Rule 201. What constitutes an appeal.
- § 20.202 Rule 202. Notice of Disagreement.
- § 20.203 Rule 203. Place and time of filing of Notice of Disagreement.
- § 20.204 Rule 204. Who can file a Notice of Disagreement.
- § 20.205 Rule 205. Withdrawal of appeal.
- §§ 20.206-20.299 [Reserved]
- Subpart D—Evidentiary Record
- § 20.300 Rule 300. General.
- § 20.301 Rule 301. Appeals with no request for a Board hearing and no additional evidence.
- § 20.302 Rule 302. Appeals with a request for a Board hearing.
- § 20.303 Rule 303. Appeals with no request for a Board hearing, but with a request for submission of additional evidence.
- §§ 20.304-20.399 [Reserved]
- Subpart E—Appeal in Simultaneously Contested Claims
- § 20.400 Rule 400. Notification of the right to appeal in a simultaneously contested claim.
- § 20.401 Rule 401. Who can file an appeal in simultaneously contested claims.
- § 20.402 Rule 402. Time limits for filing Notice of Disagreement in simultaneously contested claims.
- § 20.403 Rule 403. Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims.
- § 20.404 Rule 404. Time limit for response to appeal by another contesting party in a simultaneously contested claim.
- § 20.405 Rule 405. Docketing of simultaneously contested claims at the Board.
- § 20.406 Rule 406. Notices sent to last addresses of record in simultaneously contested claims.
- § 20.407 Rule 407. Favorable findings are not binding in contested claims.
- §§ 20.408-20.499 [Reserved]
- Subpart F—Legacy Appeal in Simultaneously Contested Claims
- § 20.500 Rule 500. Applicability.
- § 20.501 Rule 501. Who can file an appeal in simultaneously contested claims.
- § 20.502 Rule 502. Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims.
- § 20.503 Rule 503. Time limit for response to appeal by another contesting party in a simultaneously contested claim.
- § 20.504 Rule 504. Extension of time for filing a Substantive Appeal in simultaneously contested claims.
- § 20.505 Rule 505. Notices sent to last addresses of record in simultaneously contested claims.
- §§ 20.506-20.599 [Reserved]
- Subpart G—Legacy Hearings on Appeal
- § 20.600 Rule 600. Applicability.
- § 20.601 Rule 601. Methods by which hearings in legacy appeals are conducted; scheduling and notice provisions for such hearings.
- § 20.602 Rule 602. When a hearing before the Board of Veterans' Appeals may be requested in a legacy appeal; procedure for requesting a change in method of hearing.
- § 20.603 Rule 603. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities in a legacy appeal.
- § 20.604 Rule 604. Designation of Member or Members to conduct the hearing in a legacy appeal.
- § 20.605 Rule 605. Procurement of additional evidence following a hearing in a legacy appeal.
- §§ 20.606-20.699 [Reserved]
- Subpart H—Hearings on Appeal
- § 20.700 Rule 700. General.
- § 20.701 Rule 701. Who may present oral argument.
- § 20.702 Rule 702. Methods by which hearings are conducted.
- § 20.703 Rule 703. When a hearing before the Board of Veterans' Appeals may be requested; procedure for requesting a change in method of hearing.
- § 20.704 Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals.
- § 20.705 Rule 705. Functions of the presiding Member.
- § 20.706 Rule 706. Designation of Member or Members to conduct the hearing.
- § 20.707 Rule 707. Prehearing conference.
- § 20.708 Rule 708. Witness at hearings.
- § 20.709 Rule 709. Subpoenas.
- § 20.710 Rule 710. Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government.
- § 20.711 Rule 711. Hearings in simultaneously contested claims.
- § 20.712 Rule 712. Record of hearing.
- § 20.713 Rule 713. Recording of hearing by appellant or representative.
- § 20.714 Rule 714. Correction of hearing transcripts.
- § 20.715 Rule 715. Loss of hearing recordings or transcripts—request for new hearing.
- §§ 20.716-20.799 [Reserved]
- Subpart I—Appeals Processing
- § 20.800 Rule 800. Order of consideration of appeals.
- § 20.801 Rule 801. The decision.
- § 20.802 Rule 802. Remand for correction of error.
- § 20.803 Rule 803. Content of Board decision, remand, or order in simultaneously contested claims.
- § 20.804 Rule 804. Opinions of the General Counsel.
- §§ 20.805-20.899 [Reserved]
- Subpart J—Action by the Board in Legacy Appeals
- § 20.900 Rule 900. Applicability.
- § 20.901 Rule 901. Submission of additional evidence after initiation of appeal.
- § 20.902 Rule 902. Order of consideration of appeals.
- § 20.903 Rule 903. The decision.
- § 20.904 Rule 904. Remand or referral for further action.
- § 20.905 Rule 905. Content of Board decision, remand, or order in simultaneously contested claims.
- § 20.906 Rule 906. Medical opinions and opinions of the General Counsel.
- § 20.907 Rule 907. Filing of requests for the procurement of opinions.
- § 20.908 Rule 908. Notification of evidence to be considered by the Board and opportunity for response.
- §§ 20.909-20.999 [Reserved]
- Subpart K—Vacatur and Reconsideration
- § 20.1000 Rule 1000. Vacating a decision.
- § 20.1001 Rule 1001. When reconsideration is accorded.
- § 20.1002 Rule 1002. Filing and disposition of motion for reconsideration.
- § 20.1003 Rule 1003. Hearings on reconsideration.
- § 20.1004 Rule 1004. Reconsideration panel.
- §§ 20.1005-20.1099 [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 issue is not appealed.
- § 20.1104 Rule 1104. Finality of determinations of the agency of original jurisdiction affirmed on appeal.
- § 20.1105 Rule 1105. Supplemental claim after promulgation of appellate decision.
- § 20.1106 Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime.
- §§ 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 before the Board.
- § 20.1303 Rule 1303. Nonprecedential nature of Board decisions.
- § 20.1304 Rule 1304. Request for a change in representation.
- § 20.1305 Rule 1305. Procedures for legacy appellants to request a change in representation, personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals.
- §§ 20.1306-20.1399 [Reserved]
- 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.
- §§ 20.1412-20.1499 [Reserved]
- Subpart P [Reserved]
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