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38 CFR § 19.34 - Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative.

---
identifier: "/us/cfr/t38/s19.34"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 19.34 - Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "19.34"
section_name: "Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "19"
part_name: "BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "38 U.S.C. 501(a), unless otherwise noted."
regulatory_source: "57 FR 4104, Feb. 3, 1992, unless otherwise noted."
cfr_part: "19"
---

# 19.34 Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative.

Whether a Notice of Disagreement or Substantive Appeal has been filed on time is an appealable issue. If the claimant or his or her representative protests an adverse determination made by the agency of original jurisdiction with respect to timely filing of the Notice of Disagreement or Substantive Appeal, the claimant will be furnished a Statement of the Case.

(Authority: 38 U.S.C. 7105 (2016))

[57 FR 4104, Feb. 3, 1992, as amended at 84 FR 178, Jan. 18, 2019]