38 CFR: VA Disability Regulations Explained: Page 8
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This collection: 201 CFR sections and 68 U.S. Code sections for disability claims and reviews. Search covers this collection. Browse or search M21 separately.
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- 38 CFR § 19.20
Regulation2026-09-03The Two Main Steps in a Legacy VA Appeal
A legacy appeal generally requires a timely Notice of Disagreement and, after VA issues a Statement of the Case, a timely Substantive Appeal. This rule describes those components.
- 38 CFR § 19.22
Regulation2026-09-03VA Form 9 and the Legacy Substantive Appeal
This rule explains the contents of a legacy Substantive Appeal, commonly filed on VA Form 9. It should identify the issues appealed and set out the factual or legal errors being challenged.
- 38 CFR § 19.29
Regulation2026-09-03Understanding a Legacy Statement of the Case
A Statement of the Case explains the evidence, applicable law, and reasons for VA's determination on disputed issues in a legacy appeal. It should be detailed enough to support an informed appeal to the Board.
- 38 CFR § 19.31
Regulation2026-09-03Supplemental Statements of the Case in Legacy Appeals
A Supplemental Statement of the Case updates material information in a legacy appeal after the original Statement of the Case. This rule describes when it is required and limits how it can be used.
- 38 CFR § 19.52
Regulation2026-09-03Legacy Appeal Deadlines Explained
This rule sets filing periods for legacy Notices of Disagreement, Substantive Appeals, and certain responses. The general Substantive Appeal period is the later of 60 days from the Statement of the Case or the remainder of the original one-year period.
- 38 CFR § 19.53
Regulation2026-09-03Requesting More Time in a Legacy Appeal
This rule allows an extension for good cause of specified legacy Substantive Appeal and SSOC-response periods. The request must be written and made before the relevant filing period expires.
- 38 CFR § 19.55
Regulation2026-09-03Withdrawing a Legacy VA Appeal
An appellant or authorized representative may withdraw some or all issues in a legacy appeal. This rule specifies the required content, filing location, and when a withdrawal takes effect.
- 38 CFR § 20.104
Regulation2026-09-03Which Issues the Board Can Review
This rule describes the Board's authority to review questions affecting VA benefits and procedures for addressing jurisdictional questions. Disability-compensation entitlement is among the subjects within that authority.
- 38 CFR § 20.202
Regulation2026-09-03Choosing a Board Appeal Docket
The modernized Board Notice of Disagreement must identify the decision and issues appealed and select a review option. The options are Direct Review, Evidence Submission, and a Hearing appeal.
- 38 CFR § 20.203
Regulation2026-09-03Filing Deadlines for a Modern Board Appeal
This rule identifies where to file a modernized Board Notice of Disagreement and generally requires filing within one year of the agency decision notice. It also permits a written request for an extension for good cause.
- 38 CFR § 20.205
Regulation2026-09-03Withdrawing a Modern Board Appeal
This rule allows an appellant or authorized representative to withdraw all or selected issues from a Board appeal. The withdrawal must identify the case and clearly state its scope.
- 38 CFR § 20.300
Regulation2026-09-03Evidence Rules Across Modern Board Appeals
The Board reviews the permitted record without deferring to the earlier decision. This general rule works with the docket-specific provisions governing additional evidence and testimony.
- 38 CFR § 20.301
Regulation2026-09-03Direct Review at the Board
On the Direct Review docket, the Board decides the appeal using the evidence of record at the agency decision on the appealed issue. This option does not include a hearing or additional evidence submission.
- 38 CFR § 20.302
Regulation2026-09-03Evidence Windows for a Board Hearing Appeal
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.
- 38 CFR § 20.303
Regulation2026-09-03The Board Evidence Submission Docket
This docket permits the existing agency-decision record and evidence submitted with the Board appeal or within 90 days after VA receives it. A separate provision addresses certain later approved changes into this docket.
- 38 CFR § 20.704
Regulation2026-09-03Board Hearing Notices and Rescheduling
This rule covers scheduling, notice, requests to change hearing dates, missed hearings, and withdrawals. It includes provisions that vary with the appeal system and circumstances.
- 38 CFR § 20.800
Regulation2026-09-03Board Docket Order and Advancement Requests
Modernized appeals are placed on dockets according to the selected review option and generally considered in docket order. This rule also addresses changes between dockets and qualifying advancement requests.
- 38 CFR § 20.801
Regulation2026-09-03Reading a Modernized Board Decision
This rule describes the record, favorable findings, and written content of a modernized Board decision. The Board must work within the permitted evidence record and explain its determinations.
- 38 CFR § 20.802
Regulation2026-09-03Board Remands for Duty-to-Assist Errors
The Board must remand qualifying pre-decision duty-to-assist errors when the issue cannot be fully granted, and it may remand certain other statutory or regulatory errors under the stated conditions.
- 38 CFR § 20.1000
Regulation2026-09-03Asking the Board to Vacate a Decision
The Board can vacate a decision on grounds described here, including a denial of due process. Examples include certain failures involving representation or a requested hearing.
- 38 CFR § 20.1001
Regulation2026-09-03Grounds for Board Reconsideration
This rule identifies grounds on which the Board may reconsider a decision, including alleged obvious factual or legal error and newly discovered relevant service-department records.
- 38 CFR § 20.1002
Regulation2026-09-03How to Request Board Reconsideration
A motion for reconsideration must be written, identify the Board decision and issues, and clearly state the alleged obvious error or other valid basis. This rule addresses filing and disposition of the motion.
- 38 CFR § 20.1100
Regulation2026-09-03Final Board Decisions Versus Remands
This rule describes when Board decisions become final and distinguishes a remand from a final decision. A remand is a preliminary order directing additional action on an issue.
- 38 CFR § 20.1303
Regulation2026-09-03Why Another Veteran's Board Decision Is Not Binding
A Board decision generally binds only the particular case it decided. Other Board decisions may be considered when reasonably related, but they do not establish a guaranteed result for a different veteran.
- 38 CFR § 20.1403
Regulation2026-09-03What Counts as CUE in a Board Decision
Clear and unmistakable error is a specific, rare error that would have made the result manifestly different. Review generally uses the facts and law that existed when the Board made the decision.