38 C.F.R. § 20.702
Rule 702. Methods by which hearings are conducted
A hearing on appeal before the Board may be held by one of the following methods:
(a) In person at the Board's principal location in Washington, DC, or
(b) By electronic hearing, through picture and voice transmission, with the appellant appearing at a Department of Veterans Affairs facility.
Notes of Decisions
Cited in 47
cases (3 in the last 5 years), 1995–2022 · leading case: Mason v. Brown, 8 Vet. App. 44 (Vet. App. 1995).
Mason v. Brown, 8 Vet. App. 44 (Vet. App. 1995). “38 C.F.R. §§ 20.702 (e)(2), 20.704(c), 20.”
Atilano v. McDonough, 12 F.4th 1375 (Fed. Cir. 2021). “The Board then explained that, “[u]nder 38 C.F.R. § 20.702 (d), if an appellant fails to appear for a scheduled hearing and a request for postponement has not been re- ceived and granted, the case will be processed as though the request for a hearing had been withdrawn.”
Jesus G. Atilano v. Robert L. Wilkie (Vet. App. 2019). “" 38 C.F.R. § 20.702 (d). "No further request for a hearing will be granted in the same appeal unless such failure to appear was with good cause and the cause for the failure to appear arose under such circumstances that a timely request for postponement could not have been…”
King v. Wilkie (Fed. Cir. 2018). “§ 1151 , 38 C.F.R. § 20.702 (d) (2017), 1 or any other statute or regulation.”
10-24 121 (Board of Vet. App. 2016). “38 C.F.R. § 20.702 (e) (2015). In February 2015 and September 2015, the Board remanded this matter to the Agency of Original Jurisdiction (AOJ) for additional development.”
09-42 341 (Board of Vet. App. 2016). “38 C.F.R. § 20.702 (e). The Board has reviewed the Veteran's Veterans Benefits Management System (VBMS) electronic file as well as the files maintained in the Virtual VA system to ensure consideration of the totality of the evidence.”
11-17 468 (Board of Vet. App. 2016). “38 C.F.R. § 20.702 (2015). The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ).”
12-00 906 (Board of Vet. App. 2016). “38 C.F.R. §§ 20.702 (e), 20.704(e) (2015).”
10-27 714 (Board of Vet. App. 2016). “38 C.F.R. § 20.702 (2015). On April 26, 2016, the Board issued a decision that denied entitlement to one-time payment from the Filipino Veterans Equity Compensation (FVEC) fund.”
06-33 587 (Board of Vet. App. 2016). “See 38 C.F.R. § 20.702 (e). In a March 2016 decision, the Board denied entitlement to a disability rating in excess of 30 percent for the Veteran's diabetic retinopathy, and granted entitlement to TDIU effective September 3, 2009.”
09-18 290 (Board of Vet. App. 2017). “38 C.F.R. § 20.702 (d) (2016). Accordingly, this Veteran's request for a hearing was deemed withdrawn, and a Board decision was issued in July 2012.”
10-27 456 (Board of Vet. App. 2017). “See 38 C.F.R. § 20.702 (d). Under these circumstances, the Board has no duty to offer the Veteran another hearing opportunity.”
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