(a) Docketing of appeals. Applications for review on appeal are docketed in the order in which they are received.
(1) A case returned to the Board following action pursuant to a remand assumes its original place on the docket.
(2) A case returned to the Board following the grant of a substitution request or pursuant to an appeal of a denial of a substitution request assumes the same place on the docket held by the deceased appellant at the time of his or her death. Pursuant to paragraph (c) of this section, if the deceased appellant's case was advanced on the docket prior to his or her death, the substitute will receive the benefit of the advanced placement.
(b) Appeals considered in docket order. Except as otherwise provided in this Rule, appeals are considered in the order in which they are entered on the docket.
(c) Advancement on the docket—(1) Grounds for advancement. A case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party's representative. Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims, if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. “Other sufficient cause” shall include, but is not limited to, administrative error resulting in a significant delay in docketing the case, administrative necessity, or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party's representative.
(2) Requirements for motions. Motions for advancement on the docket must be in writing and must identify the specific reason(s) why advancement on the docket is sought, the name of the veteran, the name of the appellant if other than the veteran (e.g., a veteran's survivor, a guardian, a substitute appellant, or a fiduciary appointed to receive VA benefits on an individual's behalf), and the applicable Department of Veterans Affairs file number. The motion must be filed with: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
(3) Disposition of motions. If a motion is received prior to the assignment of the case to an individual member or panel of members, the ruling on the motion will be by the Vice Chairman, who may delegate such authority to a Deputy Vice Chairman. If a motion to advance a case on the docket is denied, the appellant and his or her representative will be immediately notified. If the motion to advance a case on the docket is granted, that fact will be noted in the Board's decision when rendered.
(d) Consideration of appeals remanded by the United States Court of Appeals for Veterans Claims. A case remanded by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action will be treated expeditiously by the Board without regard to its place on the Board's docket.
(Authority: Sec. 302, Pub. L. 103-446; 108 Stat. 4645)
(e) Postponement to provide hearing. Any other provision of this Rule notwithstanding, a case may be postponed for later consideration and determination if such postponement is necessary to afford the appellant a hearing.
(Authority: 38 U.S.C. 5121A, 7107; 38 U.S.C. 7107 (2016))
[57 FR 4109, Feb. 3, 1992, as amended at 60 FR 51923, Oct. 4, 1995; 61 FR 20453, May 7, 1996; 65 FR 14472, Mar. 17, 2000; 68 FR 53683, Sept. 12, 2003; 79 FR 52984, Sept. 5, 2014; 81 FR 32650, May 24, 2016. Redesignated and amended at 84 FR 190, Jan. 18, 2019]
Notes of Decisions
Cited in
16
cases (
8 in the last 5 years), 1998–2023 · leading case:
Gambill v. Shinseki, 576 F.3d 1307 (Fed. Cir. 2009).
Gambill v. Shinseki, 576 F.3d 1307 (Fed. Cir. 2009).
· cites it 2× “" 38 C.F.R. § 20.902 . The Board's authority to obtain a medical opinion from a VHA physician on its own initiative is part of the DVA's duty to assist a claimant to obtain evidence to substantiate a claim.”
Boutwell v. West, 11 Vet. App. 387 (Vet. App. 1998).
“In reference to the Court’s order, the appellant’s counsel wrote a letter to the BVA in January 1994 which stated: Pursuant to 38 C.F.R. § 20.902 (1993), Mrs. Boutwell requests that [sic] an independent medical expert (IME) opinion to determine whether Mr.”
04-36 335 (Board of Vet. App. 2011).
· cites it 2× “While the Veteran's representative submitted a written request for such an opinion, see 38 C.F.R. § 20.902 , such request did not lay out a reason for obtaining the opinion of an independent medical expert.”
190227-7755 (Board of Vet. App. 2019).
“§ 7107 (b); 38 C.F.R. § 20.902 (c). Sufficient cause includes advanced age (defined as 75 years or more), serious illness, severe financial hardship, or administrative error resulting in a significant delay.”
200226-68664 (Board of Vet. App. 2020).
“§ 7107 (a)(2); 38 C.F.R. § 20.902 (c). 1. Entitlement to an effective date earlier than December 27, 2019 for the grant of service connection for tinnitus Except as otherwise provided, the effective date of an award based on an original claim or a claim reopened after final…”
200130-65017 (Board of Vet. App. 2020).
“§ 7107 (a)(2); 38 C.F.R. § 20.902 (c). 1. Entitlement to an increased rating for PTSD The Veteran asserts that he should be entitled to a higher disability rating for his service-connected PTSD.”
200811-103141 (Board of Vet. App. 2020).
“§ 7107 (a)(2) and 38 C.F.R. § 20.902 (c). Entitlement to service connection for hypertension is remanded.”
201020-113953 (Board of Vet. App. 2021).
“§ 7107 (b) and 38 C.F.R. § 20.902 (c). 1. Service connection for chronic gastritis as secondary to service-connected disabilities.”
190807-24773 (Board of Vet. App. 2021).
“This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.902 (c) (2019). 38 U.S.C. § 7107 (a)(2) (2012).”
210510-159040 (Board of Vet. App. 2021).
“§ 7107 (b) and 38 C.F.R. § 20.902 (c). Service Connection In order to prove service connection, there must be competent and credible evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus or link between the…”
210429-156983 (Board of Vet. App. 2021).
“This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902 (c). This matter is before the Board on appeal from an April 2021 rating decision that denied entitlement to service connection for cause of death.”
Timothy J. Dolbin v. Denis McDonough (Vet. App. 2021).
“Dolbin claims that, after the Board's remand, he was entitled under 38 C.F.R. § 20.902 (a) and 38 U.S.C. § 5109B to have his appeal moved forward on the Board's docket to its original position.”
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