38 C.F.R. PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
TITLE 38--Pensions, Bonuses, and Veterans' Relief
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
Subpart A--GENERAL
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| Rule 1. Purpose and construction of Rules of Practice.
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| Rule 2. Procedure in absence of specific Rule of Practice.
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Subpart B--THE BOARD
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| Rule 100. Name, business hours, and mailing address of the Board.
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| Rule 101. Jurisdiction of the Board.
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| Rule 102. Delegation of authority--Rules of Practice.
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Subpart C--COMMENCEMENT AND PERFECTION OF APPEAL
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| Rule 200. What constitutes an appeal.
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| Rule 201. Notice of Disagreement.
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| Rule 202. Substantive Appeal.
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| Rule 204. Withdrawal of Appeal.
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Subpart D--FILING
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| Rule 300. Place of filing Notice of Disagreement and Substantive Appeal.
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| Rule 301. Who can file an appeal.
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| Rule 302. Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case.
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| Rule 303. Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case.
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| Rule 304. Filing additional evidence does not extend time limit for appeal.
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| Rule 305. Computation of time limit for filing.
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| Rule 306. Legal holidays.
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Subpart E--ADMINISTRATIVE APPEALS
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| Rule 400. Action by claimant or representative on notification of administrative appeal.
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| Rule 401. Effect of decision on administrative or merged appeal on claimant's appellate rights.
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Subpart F--SIMULTANEOUSLY CONTESTED CLAIMS
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| Rule 500. Who can file an appeal in simultaneously contested claims.
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| Rule 501. Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims.
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| Rule 502. Time limit for response to appeal by another contesting party in a simultaneously contested claim.
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| Rule 503. Extension of time for filing a Substantive Appeal in simultaneously contested claims.
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| Rule 504. Notices sent to last addresses of record in simultaneously contested claims.
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Subpart G--REPRESENTATION
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| Rule 600. Right to representation.
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| Rule 601. Only one representative recognized.
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| Rule 602. Representation by recognized organizations.
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| Rule 603. Representation by attorneys-at-law.
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| Rule 604. Representation by agents.
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| Rule 605. Other persons as representative.
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| Rule 606. Legal interns, law students and paralegals.
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| Rule 607. Revocation of a representative's authority to act.
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| Rule 608. Withdrawal of services by a representative.
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| Rule 609. Payment of representative's fees in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals.
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| Rule 610. Payment of representative's expenses in proceedings before Department of Veterans Affairs field personnel and before the Board of Veterans' Appeals.
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Subpart H--HEARINGS ON APPEAL
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| Rule 701. Who may present oral argument.
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| Rule 702. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals in Washington, DC.
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| Rule 703. When a hearing before the Board of Veterans' Appeals at a Department of Veterans Affairs field facility may be requested.
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| Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities.
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| Rule 705. Where hearings are conducted.
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| Rule 706. Functions of the presiding Member.
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| Rule 707. Designation of Member or Members to conduct the hearing.
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| Rule 708. Prehearing conference.
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| Rule 709. Procurement of additional evidence following a hearing.
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| Rule 710. Witnesses at hearings.
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| Rule 712. Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government.
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| Rule 713. Hearings in simultaneously contested claims.
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| Rule 714. Record of hearing.
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| Rule 715. Recording of hearing by appellant or representative.
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| Rule 716. Correction of hearing transcripts.
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| Rule 717. Loss of hearing tapes or transcripts--motion for new hearing.
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Subpart I--EVIDENCE
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| Rule 800. Submission of additional evidence after initiation of appeal.
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Subpart J--ACTION BY THE BOARD
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| Rule 900. Order of consideration of appeals.
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| Rule 901. Medical opinions and opinions of the General Counsel.
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| Rule 902. Filing of requests for the procurement of opinions.
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| Rule 903. Notification of evidence secured and law to be considered by the Board and opportunity for response.
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| Rule 904. Vacating a decision.
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Subpart K--RECONSIDERATION
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| Rule 1000. When reconsideration is accorded.
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| Rule 1001. Filing and disposition of motion for reconsideration.
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| Rule 1003. Hearings on reconsideration.
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Subpart L--FINALITY
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| Rule 1100. Finality of decisions of the Board.
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| Rule 1102. Harmless error.
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| Rule 1103. Finality of determinations of the agency of original jurisdiction where appeal is not perfected.
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| Rule 1104. Finality of determinations of the agency of original jurisdiction affirmed on appeal.
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| Rule 1105. New claim after promulgation of appellate decision.
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| Rule 1106. Claim for death benefits by survivor--prior unfavorable decisions during veteran's lifetime.
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Subpart M--PRIVACY ACT
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| Rule 1200. Privacy Act request--appeal pending.
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| Rule 1201. Amendment of appellate decisions.
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Subpart N--MISCELLANEOUS
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| Rule 1300. Removal of Board records.
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| Rule 1301. Disclosure of information.
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| Rule 1302. Death of appellant during pendency of appeal.
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| Rule 1303. Nonprecedential nature of Board decisions.
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| Rule 1304. Request for change in representation, request for personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals.
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Subpart O--REVISION OF DECISIONS ON GROUNDS OF CLEAR AND UNMISTAKABLE ERROR
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| Rule 1400. Motions to revise Board decisions.
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| Rule 1402. Inapplicability of other rules.
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| Rule 1403. What constitutes clear and unmistakable error; what does not.
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| Rule 1404. Filing and pleading requirements; withdrawal.
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| Rule 1406. Effect of revision; discontinuance or reduction of benefits.
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| Rule 1407. Motions by the Board.
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| Rule 1408. Special rules for simultaneously contested claims.
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| Rule 1409. Finality and appeal.
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| Rule 1410. Stays pending court action.
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| Rule 1411. Relationship to other statutes.
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