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e-CFR data is current as of November 25, 2020

Title 38Chapter IPart 20


TITLE 38—Pensions, Bonuses, and Veterans' Relief

CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)

PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

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]
rule

Subpart P—[RESERVED]

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