Claim Raven explanation
What this means
A modernized Hearing appeal permits the agency-decision record plus evidence submitted at the hearing and within 90 days after it. This rule also addresses withdrawn hearings and missed hearings that are not rescheduled.
Evidence submitted at another time is not automatically part of the permitted Board record. When a hearing is withdrawn or missed, a different event can start the applicable 90-day period.
How this helps your claim
Keep the hearing and submission dates together. If the hearing did not occur, use the subsection matching what happened instead of assuming the original post-hearing window still applies.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Confirm the hearing date or the date of withdrawal or missed hearing.
- Keep receipts for evidence submitted within the applicable period.
- Check whether the Board considered only the record permitted by the relevant subsection.
Use the actual hearing event to track the evidence period
A Hearing appeal has a defined record and an evidence period tied to the hearing. Keep the hearing date and submission receipts together. A report received between the agency decision and hearing may raise a different timing question from evidence submitted at the hearing.
Withdrawal or a missed hearing can change which event starts the applicable period under the regulation. Read the actual scheduling history and docket correspondence. Do not reuse the originally planned hearing date without checking what happened and whether the hearing was rescheduled.
Does choosing a hearing keep the evidence record open continuously?
No. The regulation specifies which evidence can be considered and when. Pending hearing status does not create an unrestricted submission window. The document's medical date and the date it was submitted should both be retained so the record question can be assessed accurately.
Official regulatory text
38 CFR § 20.302
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 20.302 Rule 302. Appeals with a request for a Board hearing.
(a) Except as described in paragraphs (b) and (c) of this section, for appeals in which the appellant requested, on the Notice of Disagreement, a Board hearing, the Board's decision will be based on a review of the following:
(1) Evidence of record at the time of the agency of original jurisdiction's decision on the issue or issues on appeal;
(2) Evidence submitted by the appellant or his or her representative at the hearing, to include testimony provided at the hearing; and
(3) Evidence submitted by the appellant or his or her representative within 90 days following the hearing.
(b) In the event that the hearing request is withdrawn pursuant to § 20.704(e), the Board's decision will be based on a review of evidence described in paragraph (a)(1) of this section, and evidence submitted by the appellant or his or her representative within 90 days following receipt of the withdrawal.
(c) In the event that the appellant does not appear for a scheduled hearing, and the hearing is not rescheduled subject to § 20.704(d), the Board's decision will be based on a review of evidence described in paragraph (a)(1) of this section, and evidence submitted by the appellant or his or her representative within 90 days following the date of the scheduled hearing.
(Authority: 38 U.S.C. 7105, 7107, 7113(b))
[84 FR 182, Jan. 18, 2019]
Related references
- 38 CFR § 20.704: Board Hearing Notices and Rescheduling
- 38 USC § 7105: Filing a Board Appeal
- 38 CFR § 3.2400: Modernized and Legacy VA Appeals Explained
- 38 CFR § 3.159: VA duty to assist: records and examinations
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