38 C.F.R. Subpart E—Administrative Appeals
Title 38 - Pensions, Bonuses, and Veterans' Relief
When an official of the Department of Veterans Affairs enters an administrative appeal, the claimant and his or her representative, if any, are notified and given a period of 60 days from the date of mailing of the letter of notification to join in the administrative appeal. The date of mailing of the letter of notification will be presumed to be the same as the date of the letter of notification. If the claimant, or the representative acting on his or her behalf, elects to join in the administrative appeal, it becomes a “merged appeal” and the rules governing an appeal initiated by a claimant are for application. The presentation of evidence or argument by the claimant or his or her representative in response to notification of the right to join in the administrative appeal will be construed as an election to join in the administrative appeal. If the claimant does not authorize the merger, he or she must hold such evidence or argument in abeyance until resolution of the administrative appeal. (Authority: 38 U.S.C. 7106) (a) Merged appeal. If the administrative appeal is merged, the appellate decision on the merged appeal will constitute final disposition of the claimant's appellate rights. (b) Appeal not merged. If the claimant does not authorize merger, normal appellate rights on the same issue are preserved, and the Chairman will assign the proceeding to a Member or panel of Members of the Board who did not make the decision on the administrative appeal. The period of time from the date of notification to the claimant of the administrative appeal to the date of the Board's decision on the administrative appeal is not chargeable to the claimant for purposes of determining the time limit for perfecting his or her separate appeal. (Authority: 38 U.S.C. 7106) [57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20450, May 7, 1996]
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
Subpart E—Administrative Appeals
§ 20.400 Rule 400. Action by claimant or representative on notification of administrative appeal.
§ 20.401 Rule 401. Effect of decision on administrative or merged appeal on claimant's appellate rights.
§§ 20.402-20.499 [Reserved]
