Title 38, Part 20 — Board of Veterans' Appeals: Rules of Practice

Rule 1. Purpose and construction of Rules of Practice.

Rule 2. Procedure in absence of specific Rule of Practice.

Rule 3. Definitions.

Rule 4. Appeal systems definitions and applicability provisions.

Rule 5. Right to representation.

Rule 6. Withdrawal of services by a representative.

§§ 20.7-20.99 [Reserved]

Rule 100. Establishment of the Board.

Rule 101. Composition of the Board; titles.

Rule 102. Name, business hours, and mailing address of the Board.

Rule 103. Principal functions of the Board.

Rule 104. Jurisdiction of the Board.

Rule 105. Criteria governing disposition of appeals.

Rule 106. Assignment of proceedings.

Rule 107. Disqualification of Members.

Rule 108. Delegation of authority to Chairman and Vice Chairman, Board of Veterans' Appeals.

Rule 109. Delegation of authority to Vice Chairman, Deputy Vice Chairmen, or Members of the Board.

Rule 110. Computation of time limit for filing.

Rule 111. Legal holidays.

§§ 20.112-20.199 [Reserved]

Rule 200. Notification by agency of original jurisdiction of right to appeal.

Rule 201. What constitutes an appeal.

Rule 202. Notice of Disagreement.

Rule 203. Place and time of filing of Notice of Disagreement.

Rule 204. Who can file a Notice of Disagreement.

Rule 205. Withdrawal of appeal.

§§ 20.206-20.299 [Reserved]

Rule 300. General.

Rule 301. Appeals with no request for a Board hearing and no additional evidence.

Rule 302. Appeals with a request for a Board hearing.

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 400. Notification of the right to appeal in a simultaneously contested claim.

Rule 401. Who can file an appeal in simultaneously contested claims.

Rule 402. Time limits for filing Notice of Disagreement in simultaneously contested claims.

Rule 403. Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims.

Rule 404. Time limit for response to appeal by another contesting party in a simultaneously contested claim.

Rule 405. Docketing of simultaneously contested claims at the Board.

Rule 406. Notices sent to last addresses of record in simultaneously contested claims.

Rule 407. Favorable findings are not binding in contested claims.

§§ 20.408-20.499 [Reserved]

Rule 500. Applicability.

Rule 501. Who can file an appeal in simultaneously contested claims.

Rule 502. Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims.

Rule 503. Time limit for response to appeal by another contesting party in a simultaneously contested claim.

Rule 504. Extension of time for filing a Substantive Appeal in simultaneously contested claims.

Rule 505. Notices sent to last addresses of record in simultaneously contested claims.

§§ 20.506-20.599 [Reserved]

Rule 600. Applicability.

Rule 601. Methods by which hearings in legacy appeals are conducted; scheduling and notice provisions for such hearings.

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.

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.

Rule 604. Designation of Member or Members to conduct the hearing in a legacy appeal.

Rule 605. Procurement of additional evidence following a hearing in a legacy appeal.

§§ 20.606-20.699 [Reserved]

Rule 700. General.

Rule 701. Who may present oral argument.

Rule 702. Methods by which hearings are conducted.

Rule 703. When a hearing before the Board of Veterans' Appeals may be requested; procedure for requesting a change in method of hearing.

Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals.

Rule 705. Functions of the presiding Member.

Rule 706. Designation of Member or Members to conduct the hearing.

Rule 707. Prehearing conference.

Rule 708. Witness at hearings.

Rule 709. Subpoenas.

Rule 710. Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government.

Rule 711. Hearings in simultaneously contested claims.

Rule 712. Record of hearing.

Rule 713. Recording of hearing by appellant or representative.

Rule 714. Correction of hearing transcripts.

Rule 715. Loss of hearing recordings or transcripts—request for new hearing.

§§ 20.716-20.799 [Reserved]

Rule 800. Order of consideration of appeals.

Rule 801. The decision.

Rule 802. Remand for correction of error.

Rule 803. Content of Board decision, remand, or order in simultaneously contested claims.

Rule 804. Opinions of the General Counsel.

§§ 20.805-20.899 [Reserved]

Rule 900. Applicability.

Rule 901. Submission of additional evidence after initiation of appeal.

Rule 902. Order of consideration of appeals.

Rule 903. The decision.

Rule 904. Remand or referral for further action.

Rule 905. Content of Board decision, remand, or order in simultaneously contested claims.

Rule 906. Medical opinions and opinions of the General Counsel.

Rule 907. Filing of requests for the procurement of opinions.

Rule 908. Notification of evidence to be considered by the Board and opportunity for response.

§§ 20.909-20.999 [Reserved]

Rule 1000. Vacating a decision.

Rule 1001. When reconsideration is accorded.

Rule 1002. Filing and disposition of motion for reconsideration.

Rule 1003. Hearings on reconsideration.

Rule 1004. Reconsideration panel.

§§ 20.1005-20.1099 [Reserved]

Rule 1100. Finality of decisions of the Board.

Rule 1101. [Reserved]

Rule 1102. Harmless error.

Rule 1103. Finality of determinations of the agency of original jurisdiction where issue is not appealed.

Rule 1104. Finality of determinations of the agency of original jurisdiction affirmed on appeal.

Rule 1105. Supplemental claim after promulgation of appellate decision.

Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime.

§§ 20.1107-20.1199 [Reserved]

Rule 1200. Privacy Act request—appeal pending.

Rule 1201. Amendment of appellate decisions.

§§ 20.1202-20.1299 [Reserved]

Rule 1300. Removal of Board records.

Rule 1301. Disclosure of information.

Rule 1302. Death of appellant during pendency of appeal before the Board.

Rule 1303. Nonprecedential nature of Board decisions.

Rule 1304. Request for a change in representation.

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 1400. Motions to revise Board decisions.

Rule 1401. Definitions.

Rule 1402. Inapplicability of other rules.

Rule 1403. What constitutes clear and unmistakable error; what does not.

Rule 1404. Filing and pleading requirements; withdrawal.

Rule 1405. Disposition.

Rule 1406. Effect of revision; discontinuance or reduction of benefits.

Rule 1407. Motions by the Board.

Rule 1408. Special rules for simultaneously contested claims.

Rule 1409. Finality and appeal.

Rule 1410. Stays pending court action.

Rule 1411. Relationship to other statutes.

§§ 20.1412-20.1499 [Reserved]