38 C.F.R. § 19.36
Notification of certification of appeal and transfer of appellate record
When an appeal is certified to the Board of Veterans' Appeals for appellate review and the appellate record is transferred to the Board, the appellant and his or her representative, if any, will be notified in writing of the certification and transfer and of the time limit for requesting a change in representation, for requesting a personal hearing, and for submitting additional evidence described in Rule 1305 (§ 20.1305 of this chapter). Provisions in this section for submitting additional evidence and references to § 20.1305 do not apply in proceedings before the General Counsel conducted under part 14 of this chapter to suspend or cancel accreditation or to review fee agreements and expenses for reasonableness.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1993–2023 · leading case: Kutscherousky v. West, 12 Vet. App. 369 (Vet. App. 1999).
Kutscherousky v. West, 12 Vet. App. 369 (Vet. App. 1999). “1304 (a), (b) (1998); see also 38 C.F.R. §§ 19.36 (requiring that written notice be sent to appellant, and any representative, regarding § 20.”
Pauline Prickett v. R. James Nicholson, 20 Vet. App. 370 (Vet. App. 2006). “(ii) VA's 38 C.F.R. §§ 19.36 and 20.1304 (2005) Obligations Mrs.”
Martin v. O'Rourke, 891 F.3d 1338 (Fed. Cir. 2018). “4095; see 38 C.F.R. § 19.36 . In contrast to preparation of the SOC, for which there is arguably an explanation for some delay, it is unclear to us why this two-and-a-half-hour certification process takes an average of 773 days to complete—and the government has not provided an…”
Thurber v. Brown, 5 Vet. App. 119 (Vet. App. 1993). “38 C.F.R. § 19.36 (1992). If a “Travel Board” hearing is held, a claimant must be notified of its time and place.”
Eugene Costello v. Denis McDonough (Vet. App. 2023). “1305(a) conflicts with 38 C.F.R. § 19.36 (providing that VA will notify a claimant and his or her representative of (1) when the appeal is certified and transferred to the Board and (2) the time limit for requesting a change in representation, for requesting a personal hearing,…”
Hasty v. West, 13 Vet. App. 230 (Vet. App. 1999). “1304(a) 90-day period (see 38 C.F.R. § 19.36 ) after the expiration of which the appellant may no longer submit additional evidence as of right.”
08-09 737 (Board of Vet. App. 2016). “When an appeal is certified to the Board for appellate review and the appellate record is transferred to the Board, an appellant and his or her representative, if any, will be notified in writing of the certification and transfer and of the time limit for requesting a change in…”
12-17 795 (Board of Vet. App. 2017). “Specifically, when an appeal is certified and the record transferred to the Board, the appellant and his or her representative, if any, will be notified in writing of the certification and transfer and of the time limit for requesting a change in representation, for requesting a…”
08-09 737 (Board of Vet. App. 2016). “When an appeal is certified to the Board for appellate review and the appellate record is transferred to the Board, an appellant and his or her representative, if any, will be notified in writing of the certification and transfer and of the time limit for requesting a change in…”
Hal H. Williams v. Robert L. Wilkie (Vet. App. 2019). “" That notion was echoed in a companion notice regulation, 38 C.F.R. § 19.36 (2018), which directed that the period specified in pre-amendment § 20.”
Hal H. Williams v. Robert L. Wilkie (Vet. App. 2019). “That notion was echoed in a companion notice regulation, 38 C.F.R. § 19.36 (2018), which directed that the period specified in pre-amendment § 20.”
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