Claim Raven explanation
What this means
A claimant or a properly appointed representative may file a Board Notice of Disagreement. In specified disability or incompetency situations, a fiduciary or next friend may file.
A fiduciary appointment does not remove an able claimant’s right to file an appeal. The next-friend provision is protective and depends on the claimant’s inability to file and the absence or inaction of a fiduciary.
How this helps your claim
A representative needs a proper power of attorney already of record or submitted with the Notice of Disagreement. If a claimant cannot file because of physical, mental, or legal disability, an appointed fiduciary can act, and a next friend can act when no fiduciary exists or the fiduciary fails to take needed action. A claimant can still file personally despite a fiduciary appointment if able to do so.
What to check in your records
Identify who signed and filed the Notice of Disagreement and the appointment, fiduciary, disability, or next-friend authority supporting that person’s action.
- Keep the signed Notice of Disagreement and proof of receipt.
- For a representative, preserve the power of attorney in effect on the filing date.
- For a fiduciary or next friend, document the appointment or the facts showing why that person could act.
Document the filer’s authority
Put the filer’s name and role beside the signature. If a representative files, include the appointment if it is not already clearly in the record.
For a next friend, explain the claimant’s filing barrier and the fiduciary situation without disclosing unnecessary private medical detail. Supply enough evidence for VA to recognize the authority.
Can a claimant file personally after VA appoints a fiduciary?
Yes, if the claimant is able to file. Paragraph (c) says VA will accept the claimant’s appeal despite the fiduciary appointment.
Official regulatory text
38 CFR § 20.204
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 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))
Related references
- 38 CFR § 20.201: What creates a modernized Board appeal
- 38 CFR § 14.631: VA powers of attorney and access to claimant information
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