38 CFR: VA Disability Regulations Explained: Page 11
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This collection: 268 CFR sections and 118 U.S. Code sections for disability claims and reviews. Search covers this collection. Browse or search M21 separately.
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- 38 CFR § 19.30
Regulation2026-09-17What VA sends with a legacy Statement of the Case
In a legacy appeal, VA sends the Statement of the Case to the appellant’s latest address and separately to the representative, together with instructions and VA Form 9.
- 38 CFR § 19.34
Regulation2026-09-17Appealing a finding that a legacy appeal was late
Whether a legacy Notice of Disagreement or substantive appeal was timely filed is itself an appealable issue.
- 38 CFR § 19.37
Regulation2026-09-17New evidence after a legacy appeal begins
In a legacy appeal, the agency of original jurisdiction reviews relevant evidence received before the record transfers to the Board and usually issues a Supplemental Statement of the Case when the evidence is new and pertinent.
- 38 CFR § 19.38
Regulation2026-09-17What VA does after a legacy Board remand
After the Board remands a legacy appeal, the agency of original jurisdiction completes the ordered development, reviews the whole record, and either grants the benefits or issues a Supplemental Statement of the Case for issues still denied.
- 38 CFR § 19.54
Regulation2026-09-17New evidence usually does not extend a legacy appeal deadline
Submitting additional evidence after an adverse decision generally does not extend the time to start or complete a legacy appeal.
- 38 CFR § 20.5
Regulation2026-09-17The right to representation in a Board appeal
An appellant has the right to representation at every stage of an appeal by a recognized organization, accredited attorney or agent, or another person authorized under VA’s rules.
- 38 CFR § 20.6
Regulation2026-09-17When a representative may withdraw from a Board appeal
After an appeal is filed with the Board, a representative generally must show good cause in a written motion before withdrawing.
- 38 CFR § 20.110
Regulation2026-09-17How VA computes a Board filing deadline
When the Board’s rules require a written filing within a set period, a timely postmark can establish filing, and weekends and legal holidays affect the calculation.
- 38 CFR § 20.200
Regulation2026-09-17VA notice of the right to appeal
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.
- 38 CFR § 20.201
Regulation2026-09-17What creates a modernized Board appeal
A modernized appeal of an agency decision consists of a Notice of Disagreement submitted to the Board under the requirements in sections 20.202 through 20.204.
- 38 CFR § 20.204
Regulation2026-09-17Who may file a Board Notice of Disagreement
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.
- 38 CFR § 20.700
Regulation2026-09-17The purpose and limits of a Board hearing
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.
- 38 CFR § 20.702
Regulation2026-09-17How the Board conducts appeal hearings
This regulation lists two methods for a Board appeal hearing: an in-person hearing at the Board's principal location in Washington, DC, or an electronic hearing that carries picture and sound between the appellant at a VA facility and the Board.
- 38 CFR § 20.703
Regulation2026-09-17When to request a Board hearing and change its method
A hearing request must be made with the Board Notice of Disagreement or through a permitted modification of that notice. The Board rejects a hearing request made at another time under this rule.
- 38 CFR § 20.904
Regulation2026-09-17When the Board remands or refers a matter
The Board may remand an appeal when more evidence, clarification, a procedural correction, or another essential action is needed for a proper decision. It generally refers an unadjudicated claim raised by the record to the agency of original jurisdiction.
- 38 CFR § 20.1104
Regulation2026-09-17When a Board decision replaces the underlying VA decision
When the Board affirms a determination by the agency of original jurisdiction, that underlying determination is treated as subsumed by the Board's final appellate decision.
- 38 CFR § 20.1400
Regulation2026-09-17Which final Board decisions can be reviewed for clear and unmistakable error
A final Board decision can generally be reviewed for clear and unmistakable error, either on the Board's own motion or on a party's motion that meets the governing requirements.
- 38 CFR § 20.1409
Regulation2026-09-17Finality of a Board decision on a CUE motion
A Board decision on a clear-and-unmistakable-error motion is final on the date stamped on its face and is subject to judicial review. Some dismissals without prejudice and specified referrals are not final Board decisions.