(a) How to request a hearing. An appellant, or an appellant's representative, may request a hearing before the Board when submitting the Notice of Disagreement, or when requesting to modify the Notice of Disagreement, as provided in Rule 202 (§ 20.202). Requests for such hearings at any other time will be rejected.
(b) Board's determination of method of hearing. Following the receipt of a request for a hearing, the Board shall determine, for purposes of scheduling the hearing for the earliest practical date, whether a hearing before the Board will be held at its principal location or by picture and voice transmission at a facility of the Department located within the area served by a regional office of the Department.
(c) Notification of method of hearing. The Board will notify the appellant and his or her representative of the method of a hearing before the Board.
(d) How to request a change in method of hearing. If an appellant declines to participate in the method of hearing selected by the Board, the appellant's opportunity to participate in a hearing before the Board shall not be affected. Upon notification of the method of the hearing requested pursuant to paragraph (c) of this section, an appellant may make one request for a different method of the requested hearing. If the appellant makes such a request, the Board shall grant the request and notify the appellant of the change in method of the hearing.
(e) Notification of scheduling of hearing. The Board will notify the appellant and his or her representative of the scheduled time and location for the requested hearing not less than 30 days prior to the hearing date. This time limitation does not apply to hearings which have been rescheduled due to a postponement requested by an appellant, or on his or her behalf, or due to the prior failure of an appellant to appear at a scheduled hearing before the Board of Veterans' Appeals with good cause. The right to notice at least 30 days in advance will be deemed to have been waived if an appellant accepts an earlier hearing date due to the cancellation of another previously scheduled hearing.
(Authority: 38 U.S.C. 7105(a), 7107)
[84 FR 186, Jan. 18, 2019]
Notes of Decisions
Cited in
15
cases, 2014–2017 · leading case:
08-28 136 (Board of Vet. App. 2016).
08-28 136 (Board of Vet. App. 2016).
“See 38 C.F.R. §§ 20.703 , 20.704 (2015). Relevant to the service connection claim for a right foot/toe disability, the Board observes that a February 2015 rating decision denied this claim.”
14-00 674 (Board of Vet. App. 2016).
“§ 7107 (West 2014) and 38 C.F.R. §§ 20.703 , 20.704 (2015) (pertaining specifically to hearings before the Board).”
08-29 898 (Board of Vet. App. 2016).
“38 C.F.R. § 20.703 (2015). In March 2010, the Board remanded the claim for clarification of the benefit sought, proper notice, and opportunity for full participation by the appointed representative.”
10-36 070 (Board of Vet. App. 2016).
“See 38 C.F.R. §§ 20.703 , 20.704, 20.705. This appeal was processed using the Virtual VA and Veterans Benefits Management System (VBMS) paperless claims processing systems.”
07-15 172 (Board of Vet. App. 2016).
“See 38 C.F.R. §§ 20.703 , 20.704(c), 20.717(a) (2015).”
09-14 993 (Board of Vet. App. 2017).
“Under 38 C.F.R. § 20.703 , a Veteran can request a hearing before the Board of Veterans' Appeals at a Department of Veterans Affairs field facility when submitting the substantive appeal (VA Form 9) or anytime thereafter.”
14-25 731 (Board of Vet. App. 2017).
“§ 7107 (West 2014); 38 C.F.R. §§ 20.703 , 20.704 (pertaining specifically to hearings before the Board).”
12-27 746 (Board of Vet. App. 2016).
“§ 7107 (West 2014); 38 C.F.R. §§ 20.703 , 20.704 (2015). In light of the above, a remand is necessary to afford the Veteran his requested hearing.”
10-36 070 (Board of Vet. App. 2016).
“See 38 C.F.R. §§ 20.703 , 20.704, 20.705. This appeal was processed using the Virtual VA and Veterans Benefits Management System (VBMS) paperless claims processing systems.”
07-15 172 (Board of Vet. App. 2016).
“See 38 C.F.R. §§ 20.703 , 20.704(c), 20.717(a) (2015).”
06-24 661 (Board of Vet. App. 2014).
“See 38 C.F.R. §§ 20.703 , 20.704 (2014). Therefore, the Board may proceed to adjudicate this appeal.”
11-21 201 (Board of Vet. App. 2015).
“38 C.F.R. § 20.703 (2014). The Board offered the Veteran an opportunity to select the type of hearing he wanted, but he did not respond.”
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