Claim Raven explanation
What this means
In a legacy appeal, the agency of original jurisdiction reviews relevant evidence received before the record transfers to the Board and usually issues a Supplemental Statement of the Case when the evidence is new and pertinent.
This provision belongs to the legacy appeal framework. Modernized appeals have different evidence windows and procedures, so this rule should not be applied to an AMA docket without confirming the governing system.
How this helps your claim
A Supplemental Statement of the Case is not required when the evidence duplicates material already discussed or is not relevant to the appealed issues. Evidence received by the agency after transfer is forwarded to the Board when it bears on an issue, and the Board decides what action is required.
What to check in your records
Identify when VA received the evidence, whether the record had transferred to the Board, and how the evidence relates to a specific appealed issue.
- Keep the evidence submission and proof of the date and VA office that received it.
- Preserve certification or transfer notices showing where the appeal was pending.
- Compare the evidence with prior Statements of the Case and Supplemental Statements to show whether it was new and relevant.
Tie the evidence to the appeal’s location and issue
Label the submission with the appealed issue and explain what new fact it addresses. This helps distinguish relevant evidence from a duplicate medical record.
If the appeal had already transferred, confirm that the evidence reached the Board’s record. Do not assume sending it to the regional office after transfer completed that step.
Does every new document require a Supplemental Statement of the Case?
No. Before transfer, the rule generally requires one when the evidence is relevant and not duplicative of material already discussed. Timing and content both matter.
Official regulatory text
38 CFR § 19.37
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 19.37 Consideration of additional evidence received by the agency of original jurisdiction after an appeal has been initiated.
(a) Evidence received prior to transfer of records to Board of Veterans' Appeals. Evidence received by the agency of original jurisdiction prior to transfer of the records to the Board of Veterans' Appeals after an appeal has been initiated (including evidence received after certification has been completed) will be referred to the appropriate rating or authorization activity for review and disposition. If the Statement of the Case and any prior Supplemental Statements of the Case were prepared before the receipt of the additional evidence, a Supplemental Statement of the Case will be furnished to the appellant and his or her representative as provided in § 19.31 of this part, unless the additional evidence received duplicates evidence previously of record which was discussed in the Statement of the Case or a prior Supplemental Statement of the Case or the additional evidence is not relevant to the issue, or issues, on appeal.
(b) Evidence received after transfer of records to the Board of Veterans' Appeals. Additional evidence received by the agency of original jurisdiction after the records have been transferred to the Board of Veterans' Appeals for appellate consideration will be forwarded to the Board if it has a bearing on the appellate issue or issues. The Board will then determine what action is required with respect to the additional evidence.
(c) The provisions of this section do not apply in proceedings before the General Counsel conducted under part 14 of this chapter to cancel accreditation or to review fee agreements and expenses for reasonableness.
(Authority: 38 U.S.C. 5902, 5903, 5904; 38 U.S.C. 7105(d)(1) (2016))
[57 FR 4104, Feb. 3, 1992, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019]
Related references
- 38 CFR § 19.38: What VA does after a legacy Board remand
- 38 CFR § 19.54: New evidence usually does not extend a legacy appeal deadline
- 38 CFR § 20.904: When the Board remands or refers a matter
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