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Regulation · 38 CFR § 20.200

38 CFR 20.200: VA notice of the right to appeal

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

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Claim Raven explanation

What this means

When an agency of original jurisdiction decides entitlement or nonentitlement to VA benefits, it must notify the claimant and representative of appellate rights, including hearing and representation rights.

A notice defect and disagreement with the merits are different questions. The record should show what VA decided, why, and what procedure it told the claimant to use next.

How this helps your claim

The notice should explain the review or appeal choices that apply to the decision. This section does not select a review option for the claimant or replace the procedural rules for the chosen lane.

What to check in your records

Read the complete decision packet for the available review options, forms, destinations, and filing periods, and confirm the representative received notice.

  • Keep the full decision, cover letter, review-rights pages, and every enclosed form.
  • Preserve the envelope or electronic notice showing when and where VA sent it.
  • Compare the representative listed on the notice with the appointment then in effect.

Keep the review instructions with the decision

Do not separate the reasons section from the rights pages. The right form and destination can depend on the decision type and review system.

If the packet is incomplete, request the missing pages promptly and preserve that request. Do not infer a new deadline without checking the rule governing defective or missing notice.

Does VA have to tell me about hearing and representation rights?

Yes. This section requires notice of appellate rights that includes the right to a personal hearing and the right to representation.

Put this information to use

See what your claim document supports

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Official regulatory text

38 CFR § 20.200

eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.

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

The claimant and his or her representative, if any, will be informed of appellate rights provided by 38 U.S.C. chapters 71 and 72, including the right to a personal hearing and the right to representation. The agency of original jurisdiction will provide this information in each notification of a determination of entitlement or nonentitlement to Department of Veterans Affairs benefits, pursuant to 38 U.S.C. 5104, 5104B, and 5108.

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

Related references

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