38 C.F.R. § 19.38 Action by agency of original jurisdiction when remand received.
Title 38 - Pensions, Bonuses, and Veterans' Relief
When a case is remanded by the Board of Veterans' Appeals, the agency of original jurisdiction will complete the additional development of the evidence or procedural development required. Following completion of the development, the case will be reviewed to determine whether the additional development, together with the evidence which was previously of record, supports the allowance of all benefits sought on appeal. If so, the appellant and his or her representative, if any, will be promptly informed. If any benefits sought on appeal remain denied following this review, the agency of original jurisdiction will issue a Supplemental Statement of the Case concerning the additional development pertaining to those issues in accordance with the provisions of §19.31 of this part. Following the 60-day period allowed for a response to the Supplemental Statement of the Case pursuant to Rule of Practice 302, paragraph (c) (§20.302(c) of this chapter), the case will be returned to the Board for further appellate processing unless the appeal is withdrawn or review of the response to the Supplemental Statement of the Case results in the allowance of all benefits sought on appeal. Remanded cases will not be closed for failure to respond to the Supplemental Statement of the Case. (Authority 38 U.S.C. 7105(d)(1)) [57 FR 4104, Feb. 3, 1992, 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 B—Appeals Processing by Agency of Original Jurisdiction
§ 19.38 Action by agency of original jurisdiction when remand received.
