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Regulation · 38 CFR § 20.6

38 CFR 20.6: When a representative may withdraw from a Board appeal

§ 20.6 Rule 6. Withdrawal of services by a representative.

Claim Raven explanation

What this means

After an appeal is filed with the Board, a representative generally must show good cause in a written motion before withdrawing.

The appellant may respond within 30 days after receiving the motion. Before certification of a legacy appeal, withdrawal follows section 14.631 instead of the post-filing motion standard described here.

How this helps your claim

Good cause can include extended illness or incapacity, failure of the appellant to cooperate, or circumstances making continued representation impossible, impractical, or unethical. The motion must identify the matter, explain the reason without exposing privileged information, and certify that a copy was mailed to the appellant. A separate rule applies before certification of a legacy appeal.

What to check in your records

Review the timing, stated good cause, service on the appellant, and whether the Board granted the withdrawal.

  • Keep the appointment and the representative’s actions showing acceptance of the appeal.
  • Preserve the withdrawal motion, mailing certification, address used, and any appellant response.
  • Save the Board’s ruling and later correspondence showing whether the representative remained on the case.

Do not assume a withdrawal request ended representation

Check the Board docket and ruling. A representative’s request is not the same as a granted withdrawal when Board permission is required.

If the appellant needs replacement representation, keep the new appointment separate from any response opposing withdrawal. Each filing performs a different function.

Can a representative simply stop acting after the Board appeal is filed?

Generally no. Once the rule applies, withdrawal requires good cause shown by motion and notice to the appellant, unless the legacy pre-certification provision controls.

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Official regulatory text

38 CFR § 20.6

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

§ 20.6 Rule 6. Withdrawal of services by a representative.

(a)

(1) Applicability. The restrictions on a representative's right to withdraw contained in this paragraph apply only to those cases in which the representative has previously agreed to act as representative in an appeal. In addition to express agreement, orally or in writing, such agreement shall be presumed if the representative makes an appearance in the case by acting on an appellant's behalf before the Board in any way after the appellant has designated the representative as such as provided in § 14.630 or § 14.631 of this chapter. The preceding sentence notwithstanding, an appearance in an appeal solely to notify the Board that a designation of representation has not been accepted will not be presumed to constitute such consent.

(2) Procedures. Except as otherwise provided in paragraph (b) of this section, after an appeal to the Board of Veterans' Appeals has been filed, a representative may not withdraw services as representative in the appeal unless good cause is shown on motion. Good cause for such purposes is the extended illness or incapacitation of an agent admitted to practice before the Department of Veterans Affairs, an attorney-at-law, or other individual representative; failure of the appellant to cooperate with proper preparation and presentation of the appeal; or other factors which make the continuation of representation impossible, impractical, or unethical. Such motions must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and the reason why withdrawal should be permitted, and a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which the copy was mailed. Such motions should not contain information which would violate privileged communications or which would otherwise be unethical to reveal. Such motions must be filed at the following address: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. The appellant may file a response to the motion with the Board at the same address not later than 30 days following receipt of the copy of the motion and must include a signed statement certifying that a copy of the response was sent by first-class mail, postage prepaid, to the representative, setting forth the address to which the copy was mailed.

(b) Withdrawal of services prior to certification of a legacy appeal. A representative may withdraw services as representative in a legacy appeal at any time prior to certification of the appeal to the Board of Veterans' Appeals by the agency of original jurisdiction by complying with the requirements of § 14.631 of this chapter.

(Approved by the Office of Management and Budget under control number 2900-0085)

(Authority: 38 U.S.C. 5901-5904, 7105(a))

[84 FR 184, Jan. 18, 2019, as amended at 84 FR 4337, Feb. 15, 2019]

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