38 C.F.R. § 20.301
Rule 301. Appeals with no request for a Board hearing and no additional evidence
For appeals in which the appellant requested, on the Notice of Disagreement, direct review by the Board without submission of additional evidence and without a Board hearing, the Board's decision will be based on a review of the evidence of record at the time of the agency of original jurisdiction decision on the issue or issues on appeal.
Notes of Decisions
Cited in 254
cases (167 in the last 5 years), 2000–2026 · leading case: Am. Legion v. Nicholson, 21 Vet. App. 1 (Vet. App. 2007).
Am. Legion v. Nicholson, 21 Vet. App. 1 (Vet. App. 2007). “See 38 C.F.R. § 20.301 (2006) (stating that an NOD or a Substantive Appeal may only be “filed by a claimant personally, or by his or her representative if a proper Power of Attorney or declaration of representation, as applicable, is on record”).”
Redding v. West, 13 Vet. App. 512 (Vet. App. 2000). “Assuming that the appellant can file a claim as “next friend” to the incompetent veteran on the basis that the fiduciary “fail[ed] to take needed action” (see 38 C.F.R. § 20.301 (b) (1999)), contrary to her argument, she has not filed such a claim.”
191010-37617 (Board of Vet. App. 2020). “See 38 C.F.R. § 20.301 . In this case, an October 2019 statement from Veteran was received in October 2019 (10/10/2019 VA 21-4138 Statement In Support of Claim).”
210409-151437 (Board of Vet. App. 2021). “38 C.F.R. § 20.301 . Increased Ratings As these appeals require similar analyses, they will be addressed simultaneously.”
210406-149959 (Board of Vet. App. 2021). “38 C.F.R. § 20.301 . This law creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review.”
200617-91924 (Board of Vet. App. 2021). “38 C.F.R. § 20.301 . Entitlement to additional attorney fees based on the past-due benefits awarded in an April 2020 rating decision The appellant asserts that he is entitled to attorney fees based on the past-due benefits awarded to the Veteran in the April 2020 rating decision…”
Victor Manuel Aviles-Rivera v. Denis McDonough (Vet. App. 2022). “§ 7105 (b)(3)(c); 38 C.F.R. § 20.301 (2021), because in this docket "the evidentiary record before the Board shall be limited to the evidence at the time of the decision of the [AOJ] on appeal.”
190705-11022 (Board of Vet. App. 2019).
190913-30688 (Board of Vet. App. 2019).
190516-5672 (Board of Vet. App. 2019).
190618-23306 (Board of Vet. App. 2020).
190617-10128 (Board of Vet. App. 2020).
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