(a) Persons authorized. A Notice of Disagreement may be filed by a claimant personally, or by his or her representative if a proper Power of Attorney is on record or accompanies such Notice of Disagreement.
(b) Claimant rated incompetent by Department of Veterans Affairs or under disability and unable to file. If an appeal is not filed by a person listed in paragraph (a) of this section, and the claimant is rated incompetent by the Department of Veterans Affairs or has a physical, mental, or legal disability which prevents the filing of an appeal on his or her own behalf, a Notice of Disagreement may be filed by a fiduciary appointed to manage the claimant's affairs by the Department of Veterans Affairs or a court, or by a person acting as next friend if the appointed fiduciary fails to take needed action or no fiduciary has been appointed.
(c) Claimant under disability and able to file. Notwithstanding the fact that a fiduciary may have been appointed for a claimant, an appeal filed by a claimant will be accepted.
(Authority: 38 U.S.C. 7105(b)(2)(A))
Notes of Decisions
Cited in
223
cases (
8 in the last 5 years), 1993–2023 · leading case:
Acree v. O'rourke, 891 F.3d 1009 (Fed. Cir. 2018).
Acree v. O'rourke, 891 F.3d 1009 (Fed. Cir. 2018).
· cites it 6× “Citing 38 C.F.R. § 20.204 (a), the board stated that "[a]n appeal may be withdrawn as to any or all issues involved in the appeal at any time before the [b]oard promulgates a decision.”
Lawrence Delisio v. Eric K. Shinseki, 25 Vet. App. 45 (Vet. App. 2011).
· cites it 2× “38 C.F.R. § 20.204 (2011) ("Withdrawal of Appeal" (emphasis added)), it is well settled that withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”
Jacob Kalman v. Anthony J. Principi, 18 Vet. App. 522 (Vet. App. 2004).
· cites it 6× “Kalman effectively withdrew his claims for service connection for psoriasis and obsessive-compulsive personality disorder and the claim for a compensable evaluation for residuals of anterior-chest-wall trauma, the Board relied on (1) Mr. Kalman’s January 2002 letter stating that…”
Bobby L. Warren v. Robert A. McDonald, 28 Vet. App. 214 (Vet. App. 2016).
· cites it 2× “The Board stated that the April 30, 2010, report of general information received by the RO on May 4, 2010, “contained all information necessary to properly withdraw an appeal required by 38 C.F.R. § 20.204 , that the claim was properly withdrawn as of [that] time,” and that…”
James I. Evans v. Eric K. Shinseki, 25 Vet. App. 7 (Vet. App. 2011).
· cites it 2× “38 C.F.R. § 20.204 . Thus, the issues on appeal could have been limited if the record was clear that the appellant wished to do so.”
AB v. Brown, 6 Vet. App. 35 (Vet. App. 1993).
“, 38 C.F.R. §§ 20.204 (c) (1992) (only claimant or authorized representative may withdraw NOD); 20.”
Verdon v. Brown, 8 Vet. App. 529 (Vet. App. 1996).
· cites it 2× “However, 38 C.F.R. § 20.204 (c) provides as to withdrawal of an NOD or a 1-9 Appeal: Withdrawal may be by the appellant or by his or her authorized representative, except that a representative may not withdraw either [an NOD] or [1-9 Appeal] filed by the appellant personally…”
Hanson v. Brown, 9 Vet. App. 29 (Vet. App. 1996).
“While there are provisions in 38 C.F.R. § 20.204 (1995), and in its predecessor 38 C.”
Evans v. West, 12 Vet. App. 396 (Vet. App. 1999).
“204 (1998) (noting that NOD must be withdrawn in writing and may be withdrawn by appellant or his representative, and that “[AOJ] may not withdraw a[n NOD] or a Substantive Appeal after the filing of either or both”). The undated RO letter had referenced only the claim for brain…”
Isenbart v. Brown, 7 Vet. App. 537 (Vet. App. 1995).
“See 38 C.F.R. § 20.204 (a), (c) (1994). (NOD may be withdrawn by an appellant or his or her representative “in writing before a timely Substantive Appeal is filed.”
Smith v. Brown, 8 Vet. App. 546 (Vet. App. 1996).
“103 (b)(1) (1994) (claimants and their representatives are entitled to notice of “the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision”); 38 C.F.R. § 20.204 (c) (1995) (only a claimant or his or her representative may withdraw…”
In re the Fee Agreement of Stanley, 9 Vet. App. 203 (Vet. App. 1996).
“38 ), or even if the claimant withdrew his or her NOD (see 38 C.F.R. § 20.204 (c) (1995) (only a claimant or his or her representative may withdraw NOD)) or otherwise acquiesced in the RO’s decision.”
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