38 C.F.R. § 19.9 Remand for further development.
Title 38 - Pensions, Bonuses, and Veterans' Relief
(a) General. If further evidence, clarification of the evidence, correction of a procedural defect, or any other action is essential for a proper appellate decision, a Veterans Law Judge or panel of Veterans Law Judges shall remand the case to the agency of original jurisdiction, specifying the action to be undertaken. (b) Exceptions. A remand to the agency of original jurisdiction is not necessary for the purposes of: (1) Clarifying a procedural matter before the Board, including the appellant's choice of representative before the Board, the issues on appeal, or requests for a hearing before the Board; (2) Consideration of an appeal, in accordance with §20.903(b) of this chapter, with respect to law not already considered by the agency of original jurisdiction. This includes, but is not limited to, statutes, regulations, and court decisions; or (3) Reviewing additional evidence received by the Board, if, pursuant to §20.1304(c) of this chapter, the appellant or the appellant's representative waives the right to initial consideration by the agency of original jurisdiction, or if the Board determines that the benefit or benefits to which the evidence relates may be fully allowed on appeal. (c) Scope. This section does not apply to: (1) The Board's request for an opinion under Rule 901 (§20.901 of this chapter); (2) The Board's supplementation of the record with a recognized medical treatise; and (3) Matters over which the Board has original jurisdiction described in Rules 609 and 610 (§§20.609 and 20.610 of this chapter). (Authority: 38 U.S.C. 7102, 7103(c), 7104(a)). [67 FR 3104, Jan. 23, 2002, as amended at 69 FR 53808, Sept. 3, 2004]
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 19—BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS
Subpart A—Operation of the Board of Veterans' Appeals
§ 19.9 Remand for further development.
