For appeals in which the appellant requested, on the Notice of Disagreement, an opportunity to submit additional evidence without a Board hearing, the Board's decision will be based on a review of the following:
(a) Evidence of record at the time of the agency of original jurisdiction's decision on the issue or issues on appeal; and
(b) Evidence submitted by the appellant or his or her representative:
(1) With the Notice of Disagreement or within 90 days following receipt of the Notice of Disagreement; or,
(2) If the appellant did not request an opportunity to submit additional evidence on the Notice of Disagreement, but subsequently requested to submit additional evidence pursuant to Rule 202 (§ 20.202(c)(2)(ii)), within 90 days following VA's notice that the appeal has been moved to the docket described in § 20.800(a)(ii).
(Authority: 38 U.S.C. 7105, 7107, 7113(c))
[84 FR 182, Jan. 18, 2019; 84 FR 34788, July 19, 2019]
Notes of Decisions
Cited in
88
cases (
56 in the last 5 years), 1993–2026 · leading case:
Roy v. Brown, 5 Vet. App. 554 (Vet. App. 1993).
Roy v. Brown, 5 Vet. App. 554 (Vet. App. 1993).
· cites it 4× “§ 7105 (d)(3); see 38 C.F.R. § 20.303 (1992). Appellant argues, therefore, that although the formal appeal was filed after the deadline, he had good cause for doing so: (1) Walter Johnson, a team leader at the Veteran’s Center in Kona, Hawaii, who was handling the veteran’s…”
Leland E. Gibson v. James B. Peake, 22 Vet. App. 11 (Vet. App. 2007).
· cites it 2× “§ 7105 (d)(2) (authorizing an extension of the time for filing a Substantive Appeal "for a reasonable period on request for good cause shown"); 38 C.F.R. § 20.303 (2006) (requiring that a request for extension of time be made in writing prior to the expiration of the time period…”
R Oque A. a Costa v. Anthony J. Principi, 18 Vet. App. 53 (Vet. App. 2004).
“See 38 C.F.R. § 20.303 (2003). The 1983 version of the regulation stated: An extension of the 60-day period for filing a [Substantive [A]ppeal or the 30-day period for responding to the a[n SSOC] may be granted for good cause shown.”
Morgan v. Principi, 16 Vet. App. 20 (Vet. App. 2002).
“38 C.F.R. § 20.303 (2001). Although there is no statutory or regulatory provision that specifically applies to the extension of the one-year period (from the date of mailing of the notification of the adverse RO determination being appealed) for filing a Substantive Appeal (as…”
15-26 876 (Board of Vet. App. 2017).
· cites it 2× “§ 7105 (d)(3) and 38 C.F.R. § 20.303 . However, 38 C.F.R. § 20.”
Stanley L. Davis v. Denis McDonough (Vet. App. 2023).
· cites it 2× “The section 7113(c) implementing regulation is 38 C.F.R. § 20.303 . See VA Claims and Appeals Modernization, 84 Fed.”
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