38 C.F.R. Subpart E—Simultaneously Contested Claims


Title 38 - Pensions, Bonuses, and Veterans' Relief


Title 38: Pensions, Bonuses, and Veterans' Relief
PART 19—BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS

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Subpart E—Simultaneously Contested Claims

§ 19.100   Notification of right to appeal in simultaneously contested claims.

All interested parties will be specifically notified of the action taken by the agency of original jurisdiction in a simultaneously contested claim and of the right and time limit for initiation of an appeal, as well as hearing and representation rights.

(Authority: 38 U.S.C. 7105A(a))

§ 19.101   Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims.

Upon the filing of a Notice of Disagreement in a simultaneously contested claim, all interested parties and their representatives will be furnished a copy of the Statement of the Case. The Statement of the Case so furnished will contain only information which directly affects the payment or potential payment of the benefit(s) which is (are) the subject of that contested claim. The interested parties who filed Notices of Disagreement will be duly notified of the right to file, and the time limit within which to file, a Substantive Appeal and will be furnished with VA Form 9, “Appeal to Board of Veterans' Appeals.”

(Authority: 38 U.S.C. 7105A(b))

[57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996]

§ 19.102   Notice of appeal to other contesting parties in simultaneously contested claims.

When a Substantive Appeal is filed in a simultaneously contested claim, the content of the Substantive Appeal will be furnished to the other contesting parties to the extent that it contains information which could directly affect the payment or potential payment of the benefit which is the subject of the contested claim.

(Authority: 38 U.S.C. 7105A(b))

Appendix A to Part 19—Cross-References
 ------------------------------------------------------------------------                                                     Title of cross-      Sec.              Cross-reference          referenced material or                                                         comment------------------------------------------------------------------------19.5...........  38 CFR 14.507(b).............  See re ``precedent                                                 opinions'' of the                                                 General Counsel of the                                                 Department of Veterans                                                 Affairs.                 38 CFR 20.1303...............  Rule 1303.                                                 Nonprecedential nature                                                 of Board decisions.19.7...........  38 CFR 20.905................  Rule 905. Vacating a                                                 decision.19.13..........  38 CFR 2.66..................  Contains similar                                                 provisions.19.25..........  38 CFR 19.52.................  Notification to claimant                                                 of filing of                                                 administrative appeal.                 38 CFR 19.100................  Notification of right to                                                 appeal in                                                 simultaneously                                                 contested claims.19.26..........  38 CFR 20.302................  Rule 302. Time limit for                                                 filing Notice of                                                 Disagreement,                                                 Substantive Appeal, and                                                 response to                                                 Supplemental Statement                                                 of the Case.19.27..........  38 CFR 19.50-19.53...........  See re administrative                                                 appeals.19.30..........  38 CFR 20.202................  Rule 202. Substantive                                                 Appeal.19.32..........  38 CFR 20.302................  Rule 302. Time limit for                                                 filing Notice of                                                 Disagreement,                                                 Substantive Appeal, and                                                 response to                                                 Supplemental Statement                                                 of the Case.                 38 CFR 20.501................  Rule 501. Time limits                                                 for filing Notice of                                                 Disagreement,                                                 Substantive Appeal, and                                                 response to                                                 Supplemental Statement                                                 of the Case in                                                 simultaneously                                                 contested claims.19.33..........  38 CFR 19.50-19.53...........  See re administrative                                                 appeals.19.50..........  38 CFR 19.53.................  Restriction as to change                                                 in payments pending                                                 determination of                                                 administrative appeals.19.76..........  38 CFR 20.704................  Rule 704. Scheduling and                                                 notice of hearings                                                 conducted by traveling                                                 Sections of the Board                                                 of Veterans' Appeals at                                                 Department of Veterans                                                 Affairs field                                                 facilities.19.100.........  38 CFR 20.713................  Rule 713. Hearings in                                                 simultaneously                                                 contested claims.19.101.........  38 CFR 19.30.................  Furnishing the Statement                                                 of the Case and                                                 instructions for filing                                                 a Substantive Appeal.------------------------------------------------------------------------

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