[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38 CFR 20.302]

[Page 77]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents
 
                            Subpart D--Filing
 
Sec. 20.302  Rule 302. Time limit for filing Notice of Disagreement, 
Substantive Appeal, and response to Supplemental Statement of the Case.

    (a) Notice of Disagreement. Except in the case of simultaneously 
contested claims, a claimant, or his or her representative, must file a 
Notice of Disagreement with a determination by the agency of original 
jurisdiction within one year from the date that that agency mails notice 
of the determination to him or her. Otherwise, that determination will 
become final. The date of mailing the letter of notification of the 
determination will be presumed to be the same as the date of that letter 
for purposes of determining whether an appeal has been timely filed.


(Authority: 38 U.S.C.  § 7105(b)(1))

    (b) Substantive Appeal. (1) General. Except in the case of 
simultaneously contested claims, a Substantive Appeal must be filed 
within 60 days from the date that the agency of original jurisdiction 
mails the Statement of the Case to the appellant, or within the 
remainder of the 1-year period from the date of mailing of the 
notification of the determination being appealed, whichever period ends 
later. The date of mailing of the Statement of the Case will be presumed 
to be the same as the date of the Statement of the Case and the date of 
mailing the letter of notification of the determination will be presumed 
to be the same as the date of that letter for purposes of determining 
whether an appeal has been timely filed.
    (2) Special rule in certain cases where additional evidence is 
submitted. Except in the case of simultaneously contested claims, if (i) 
a claimant submits additional evidence within 1 year of the date of 
mailing of the notification of the determination being appealed, and 
(ii) that evidence requires, in accordance with Sec. 19.31 of this 
title, that the claimant be furnished a Supplemental Statement of the 
Case, then the time to submit a Substantive Appeal shall end not sooner 
than 60 days after such Supplemental Statement of the Case is mailed to 
the appellant, even if the 60-day period extends beyond the expiration 
of the 1-year appeal period.


(Authority: 38 U.S.C.  § 7105 (b)(1), (d)(3).)

    (c) Response to Supplemental Statement of the Case. Where a 
Supplemental Statement of the Case is furnished, a period of 60 days 
from the date of mailing of the Supplemental Statement of the Case will 
be allowed for response. The date of mailing of the Supplemental 
Statement of the Case will be presumed to be the same as the date of the 
Supplemental Statement of the Case for purposes of determining whether a 
response has been timely filed. Provided a Substantive Appeal has been 
timely filed in accordance with paragraph (b) of this section, the 
response to a Supplemental Statement of the Case is optional and is not 
required for the perfection of an appeal, unless the Supplemental 
Statement of the Case covers issues that were not included in the 
original Statement of the Case. If a Supplemental Statement of the Case 
covers issues that were not included in the original Statement of the 
Case, a Substantive Appeal must be filed with respect to those issues 
within 60 days in order to perfect an appeal with respect to the 
additional issues.


(Authority: 38 U.S.C. § 7105(d)(3))

[57 FR 4109, Feb. 3, 1992; as amended at 66 FR 50318, Oct. 3, 2001]

Editorial Note: For Federal Register citations affecting Sec. 3.1, see the List of Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.




PART I -- DEPT OF VA       CFR





You'all come back real soon.     We ain't done yet.

Published by a vet for vets.

Use it, take it ; no copyright (ever) here.

Please send me an email for corrections, update and other important links for vets!