38 CFR § 20.204 - Rule 204. Who can file a Notice of Disagreement.

---
identifier: "/us/cfr/t38/s20.204"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 20.204 - Rule 204. Who can file a Notice of Disagreement."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "20.204"
section_name: "Rule 204. Who can file a Notice of Disagreement."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "20"
part_name: "BOARD OF VETERANS' APPEALS: RULES OF PRACTICE"
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) and as noted in specific sections."
regulatory_source: "57 FR 4109, Feb. 3, 1992, unless otherwise noted."
cfr_part: "20"
---


# 20.204 Rule 204. Who can file a Notice of Disagreement.

(a) *Persons authorized.* A Notice of Disagreement may be filed by a claimant personally, or by his or her representative if a proper Power of Attorney is on record or accompanies such Notice of Disagreement.

(b) *Claimant rated incompetent by Department of Veterans Affairs or under disability and unable to file.* If an appeal is not filed by a person listed in paragraph (a) of this section, and the claimant is rated incompetent by the Department of Veterans Affairs or has a physical, mental, or legal disability which prevents the filing of an appeal on his or her own behalf, a Notice of Disagreement may be filed by a fiduciary appointed to manage the claimant's affairs by the Department of Veterans Affairs or a court, or by a person acting as next friend if the appointed fiduciary fails to take needed action or no fiduciary has been appointed.

(c) *Claimant under disability and able to file.* Notwithstanding the fact that a fiduciary may have been appointed for a claimant, an appeal filed by a claimant will be accepted.

(Authority: 38 U.S.C. 7105(b)(2)(A))