Claim Raven explanation
What this means
This statute defines the evidentiary record for different modernized Board appeal options. Direct Review, Evidence Submission, and Hearing appeals do not allow the same evidence at the same times.
Direct Review generally uses the record at the agency decision. The other options provide specified opportunities for additional evidence, including 90-day windows tied to the appeal filing or hearing. Exact rules depend on the selected option and circumstances.
How this helps your claim
Match the evidence you want considered to the docket you selected. Keep proof of submission dates, because a useful medical report may still fall outside the Board's permitted evidence window.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Confirm the appeal option on the Notice of Disagreement.
- Record the agency decision, appeal filing, and hearing dates as applicable.
- Compare each evidence submission date with the permitted record window.
Track submission dates as well as medical dates
A report about an old event can still be evidence newly submitted after the agency decision. The statutory record limits depend on the selected docket and permitted submission periods. Keep the date of the medical event, report and receipt distinct.
Direct Review generally uses the existing record, while Evidence Submission and Hearing options provide specified additional opportunities. Read the implementing rule for the actual filing, hearing or approved docket change. A pending appeal does not by itself keep every evidence window open.
Does uploading a document guarantee the Board can consider it?
No. Receipt into a claims file and inclusion in the permitted Board record are different questions. The selected option and timing determine whether the evidence can be considered in that appeal. A document can be medically relevant while still falling outside that docket's allowed record.
Official statutory text
38 USC § 7113
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 7113. Evidentiary record before the Board of Veterans’ Appeals
(a) Cases With No Request for a Hearing or Additional Evidence.—For cases in which a hearing before the Board of Veterans’ Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.
(b) Cases With a Request for a Hearing.—(1) Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.
(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:
(A) Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.
(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.
(c) Cases With No Request for a Hearing and With a Request for Additional Evidence.—(1) Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.
(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:
(A) Evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement.
(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.
Related references
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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