Part 20 — Board of Veterans' Appeals: Rules of Practice
Subpart A — General
- § 20.1— Rule 1. Purpose and construction of Rules of Practice.
- § 20.2— Rule 2. Procedure in absence of specific Rule of Practice.
- § 20.3— Rule 3. Definitions.
- § 20.4— Rule 4. Appeal systems definitions and applicability provisions.
- § 20.5— Rule 5. Right to representation.
- § 20.6— Rule 6. Withdrawal of services by a representative.
Subpart B — The Board
- § 20.100— Rule 100. Establishment of the Board.
- § 20.101— Rule 101. Composition of the Board; titles.
- § 20.102— Rule 102. Name, business hours, and mailing address of the Board.
- § 20.103— Rule 103. Principal functions of the Board.
- § 20.104— Rule 104. Jurisdiction of the Board.
- § 20.105— Rule 105. Criteria governing disposition of appeals.
- § 20.106— Rule 106. Assignment of proceedings.
- § 20.107— Rule 107. Disqualification of Members.
- § 20.108— Rule 108. Delegation of authority to Chairman and Vice Chairman, Board of Veterans' Appeals.
- § 20.109— Rule 109. Delegation of authority to Vice Chairman, Deputy Vice Chairmen, or Members of the Board.
- § 20.110— Rule 110. Computation of time limit for filing.
- § 20.111— Rule 111. Legal holidays.
Subpart C — Commencement and Filing of Appeals
- § 20.200— Rule 200. Notification by agency of original jurisdiction of right to appeal.
- § 20.201— Rule 201. What constitutes an appeal.
- § 20.202— Rule 202. Notice of Disagreement.
- § 20.203— Rule 203. Place and time of filing of Notice of Disagreement.
- § 20.204— Rule 204. Who can file a Notice of Disagreement.
- § 20.205— Rule 205. Withdrawal of appeal.
Subpart D — Evidentiary Record
- § 20.300— Rule 300. General.
- § 20.301— Rule 301. Appeals with no request for a Board hearing and no additional evidence.
- § 20.302— Rule 302. Appeals with a request for a Board hearing.
- § 20.303— Rule 303. Appeals with no request for a Board hearing, but with a request for submission of additional evidence.
Subpart E — Appeal in Simultaneously Contested Claims
- § 20.400— Rule 400. Notification of the right to appeal in a simultaneously contested claim.
- § 20.401— Rule 401. Who can file an appeal in simultaneously contested claims.
- § 20.402— Rule 402. Time limits for filing Notice of Disagreement in simultaneously contested claims.
- § 20.403— Rule 403. Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims.
- § 20.404— Rule 404. Time limit for response to appeal by another contesting party in a simultaneously contested claim.
- § 20.405— Rule 405. Docketing of simultaneously contested claims at the Board.
- § 20.406— Rule 406. Notices sent to last addresses of record in simultaneously contested claims.
- § 20.407— Rule 407. Favorable findings are not binding in contested claims.
Subpart F — Legacy Appeal in Simultaneously Contested Claims
- § 20.500— Rule 500. Applicability.
- § 20.501— Rule 501. Who can file an appeal in simultaneously contested claims.
- § 20.502— Rule 502. Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims.
- § 20.503— Rule 503. Time limit for response to appeal by another contesting party in a simultaneously contested claim.
- § 20.504— Rule 504. Extension of time for filing a Substantive Appeal in simultaneously contested claims.
- § 20.505— Rule 505. Notices sent to last addresses of record in simultaneously contested claims.
Subpart G — Legacy Hearings on Appeal
- § 20.600— Rule 600. Applicability.
- § 20.601— Rule 601. Methods by which hearings in legacy appeals are conducted; scheduling and notice provisions for such hearings.
- § 20.602— Rule 602. When a hearing before the Board of Veterans' Appeals may be requested in a legacy appeal; procedure for requesting a change in method of hearing.
- § 20.603— Rule 603. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities in a legacy appeal.
- § 20.604— Rule 604. Designation of Member or Members to conduct the hearing in a legacy appeal.
- § 20.605— Rule 605. Procurement of additional evidence following a hearing in a legacy appeal.
Subpart H — Hearings on Appeal
- § 20.700— Rule 700. General.
- § 20.701— Rule 701. Who may present oral argument.
- § 20.702— Rule 702. Methods by which hearings are conducted.
- § 20.703— Rule 703. When a hearing before the Board of Veterans' Appeals may be requested; procedure for requesting a change in method of hearing.
- § 20.704— Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals.
- § 20.705— Rule 705. Functions of the presiding Member.
- § 20.706— Rule 706. Designation of Member or Members to conduct the hearing.
- § 20.707— Rule 707. Prehearing conference.
- § 20.708— Rule 708. Witness at hearings.
- § 20.709— Rule 709. Subpoenas.
- § 20.710— Rule 710. Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government.
- § 20.711— Rule 711. Hearings in simultaneously contested claims.
- § 20.712— Rule 712. Record of hearing.
- § 20.713— Rule 713. Recording of hearing by appellant or representative.
- § 20.714— Rule 714. Correction of hearing transcripts.
- § 20.715— Rule 715. Loss of hearing recordings or transcripts—request for new hearing.
Subpart I — Appeals Processing
Subpart J — Action by the Board in Legacy Appeals
- § 20.900— Rule 900. Applicability.
- § 20.901— Rule 901. Submission of additional evidence after initiation of appeal.
- § 20.902— Rule 902. Order of consideration of appeals.
- § 20.903— Rule 903. The decision.
- § 20.904— Rule 904. Remand or referral for further action.
- § 20.905— Rule 905. Content of Board decision, remand, or order in simultaneously contested claims.
- § 20.906— Rule 906. Medical opinions and opinions of the General Counsel.
- § 20.907— Rule 907. Filing of requests for the procurement of opinions.
- § 20.908— Rule 908. Notification of evidence to be considered by the Board and opportunity for response.
Subpart K — Vacatur and Reconsideration
Subpart L — Finality
- § 20.1100— Rule 1100. Finality of decisions of the Board.
- § 20.1102— Rule 1102. Harmless error.
- § 20.1103— Rule 1103. Finality of determinations of the agency of original jurisdiction where issue is not appealed.
- § 20.1104— Rule 1104. Finality of determinations of the agency of original jurisdiction affirmed on appeal.
- § 20.1105— Rule 1105. Supplemental claim after promulgation of appellate decision.
- § 20.1106— Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime.
Subpart M — Privacy Act
Subpart N — Miscellaneous
- § 20.1300— Rule 1300. Removal of Board records.
- § 20.1301— Rule 1301. Disclosure of information.
- § 20.1302— Rule 1302. Death of appellant during pendency of appeal before the Board.
- § 20.1303— Rule 1303. Nonprecedential nature of Board decisions.
- § 20.1304— Rule 1304. Request for a change in representation.
- § 20.1305— Rule 1305. Procedures for legacy appellants to request a change in representation, personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals.
Subpart O — Revision of Decisions on Grounds of Clear and Unmistakable Error
- § 20.1400— Rule 1400. Motions to revise Board decisions.
- § 20.1401— Rule 1401. Definitions.
- § 20.1402— Rule 1402. Inapplicability of other rules.
- § 20.1403— Rule 1403. What constitutes clear and unmistakable error; what does not.
- § 20.1404— Rule 1404. Filing and pleading requirements; withdrawal.
- § 20.1405— Rule 1405. Disposition.
- § 20.1406— Rule 1406. Effect of revision; discontinuance or reduction of benefits.
- § 20.1407— Rule 1407. Motions by the Board.
- § 20.1408— Rule 1408. Special rules for simultaneously contested claims.
- § 20.1409— Rule 1409. Finality and appeal.
- § 20.1410— Rule 1410. Stays pending court action.
- § 20.1411— Rule 1411. Relationship to other statutes.