Claim Raven explanation
What this means
The Board grants a requested hearing so the appellant and witnesses can give relevant testimony and argument on appealed issues. The proceeding is nonadversarial and does not use courtroom cross-examination.
The hearing is ex parte and nonadversarial. Participants may ask witnesses relevant follow-up questions, but cross-examination is not permitted and formal evidence rules do not control.
How this helps your claim
An appellant is generally limited to one Board hearing after the Notice of Disagreement, with additional hearings possible for good cause. A hearing is not normally scheduled only for a representative’s oral argument because written briefs are available. The presiding Veterans Law Judge can limit irrelevant or repetitive material.
What to check in your records
Identify the appealed issues and prepare testimony that supplies relevant facts, explains existing evidence, or identifies a specific unresolved point.
- Keep the hearing request, docket choice, scheduling notice, and any request for an additional hearing.
- Prepare a short issue list and identify which witness has personal knowledge of each fact.
- Preserve the hearing transcript and compare any promised evidence or correction with what was later submitted.
Use testimony for facts and explanation
Organize testimony by issue. State what happened, when, how the witness knows, and where supporting records can be found. Do not use limited hearing time to reread documents the Board already has.
After the hearing, review the transcript for names, dates, and technical terms that may have been transcribed incorrectly. Follow the Board’s process for any correction or permitted evidence submission.
Is a Board hearing a trial against a VA lawyer?
No. The rule describes a nonadversarial proceeding. There is no cross-examination, though the presiding judge keeps testimony and argument relevant to the appealed issues.
Official regulatory text
38 CFR § 20.700
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 20.700 Rule 700. General.
(a) Right to a hearing. A hearing on appeal will be granted if an appellant, or an appellant's representative acting on his or her behalf, expresses a desire to testify before the Board. An appellant is limited to one Board hearing following the filing of a Notice of Disagreement with a decision of the agency of original jurisdiction. Requests for additional Board hearings may be granted for good cause shown.
(b) Purpose of hearing. The purpose of a hearing is to receive argument and testimony relevant and material to the appellate issue or issues. It is contemplated that the appellant and witnesses, if any, will be present. A hearing will not normally be scheduled solely for the purpose of receiving argument by a representative. Such argument may be submitted in the form of a written brief. Requests for appearances by representatives alone to personally present argument to Members of the Board may be granted if good cause is shown. Whether good cause has been shown will be determined by the presiding Member assigned to conduct the hearing.
(c) Nonadversarial proceedings. Hearings conducted by the Board are ex parte in nature and nonadversarial. Parties to the hearing will be permitted to ask questions, including follow-up questions, of all witnesses but cross-examination will not be permitted. Proceedings will not be limited by legal rules of evidence, but reasonable bounds of relevancy and materiality will be maintained. The presiding Member may set reasonable time limits for the presentation of argument and may exclude documentary evidence, testimony, and/or argument which is not relevant or material to the issue, or issues, being considered or which is unduly repetitious.
(Authority: 38 U.S.C. 7102, 7105(a), 7107)
[57 FR 4109, Feb. 3, 1992, as amended at 58 FR 27935, May 12, 1993; 61 FR 20450, May 7, 1996; 84 FR 184, Jan. 18, 2019]
Related references
- 38 CFR § 20.702: How the Board conducts appeal hearings
- 38 CFR § 20.703: When to request a Board hearing and change its method
- 38 CFR § 20.5: The right to representation in a Board appeal
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