Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 38 - Pensions, Bonuses, and Veterans' Relief |
Chapter I - Department of Veterans Affairs |
Part 20 - Board of Veterans' Appeals: Rules of Practice |
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 - xxx |
§ 20.5 - Rule 5. Right to representation. |
§ 20.6 - Rule 6. Withdrawal of services by a representative. |
§§ 20.4--20.99 - [Reserved] |
§§ 20.5--20.99 - [Reserved] |
§§ 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] |
§§ 20.103--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. |
§§ 20.205--20.299 - [Reserved] |
§§ 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 - 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. |
§§ 20.304--20.399 - [Reserved] |
§§ 20.307--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. |
§§ 20.402--20.499 - [Reserved] |
§§ 20.408--20.499 - [Reserved] |
Subpart F - 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. |
§§ 20.505--20.599 - [Reserved] |
§§ 20.506--20.599 - [Reserved] |
Subpart G - Representation |
§ 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 - 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. |
§ 20.611 - Rule 611. Continuation of representation following death of a claimant or appellant. |
§§ 20.601--20.607 - [Reserved] |
§§ 20.612--20.699 - [Reserved] |
§§ 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 - Rule 716. Correction of hearing transcripts. |
§ 20.717 - Rule 717. Loss of hearing tapes or transcripts - motion for new hearing. |
§§ 20.716--20.799 - [Reserved] |
§§ 20.718--20.799 - [Reserved] |
Subpart I - Evidence |
§ 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. |
§§ 20.801--20.899 - [Reserved] |
§§ 20.805--20.899 - [Reserved] |
Subpart J - Action by the Board |
§ 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. |
§§ 20.905--20.999 - [Reserved] |
§§ 20.909--20.999 - [Reserved] |
Subpart K - 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. |
§§ 20.1004--20.1099 - [Reserved] |
§§ 20.1005--20.1099 - [Reserved] |
Subpart L - Finality |
§ 20.1100 - Rule 1100. Finality of decisions of the Board. |
§ 20.1101 - Rule 1101. |
§ 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. |
§§ 20.1306--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 - Expedited Claims Adjudication Initiative - Pilot Program |
§ 20.1500 - Rule 1500. Expedited Claims Adjudication Initiative. |
§ 20.1501 - Rule 1501. Definitions. |
§ 20.1502 - Rule 1502. Eligibility. |
§ 20.1503 - Rule 1503. Election, identification of evidence, and representation. |
§ 20.1504 - Rule 1504. Time limits. |
§ 20.1505 - Rule 1505. Review of initial benefits claim decision. |
§ 20.1506 - Rule 1506. Board review of cases. |
§ 20.1507 - Rule 1507. Hearings. |
§ 20.1508 - Rule 1508. Waiver. |
§ 20.1509 - Rule 1509. Compliance and revocation of participation. |
§ 20.1510 - Rule 1510. Termination of the Initiative. |
Appendix A to Part 20 - Cross-References |