38 CFR 3.103 - Procedural due process and appellate rights

Cite as38 CFR 3.103
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
201 practice notes
  • Standard Claims and Appeals Forms
    • United States
    • Federal Register September 25, 2014
    • September 25, 2014
    ...submit evidence in favor of that claim while the claim is pending. We note that neither the proposed rule, nor this final rule, alter 38 CFR 3.103(d), which governs submission of evidence and provides that ``any evidence . . . offered by the claimant in support of a claim . . . is to be inc......
  • VA Claims and Appeals Modernization
    • United States
    • Veterans Affairs Department
    • Invalid date
    ...were in general custody of VA at the time. VA makes minor adjustments to the rule as proposed to clarify the parameters in this area. 38 CFR 3.103(c)(2), Treatment of evidence received after notice of a decision, now clearly explains what may be included in the record for adjudication. It s......
  • Legal interpretations; General Counsel-precedent opinions: Veterans’ benefits under VA administered laws; summary,
    • United States
    • Federal Register May 05, 2004
    • May 5, 2004
    ...and complete copies of relevant documents is required to ensure fair process and compliance with established adjudication procedures (38 CFR 3.103(c) and (d)), the Board of Veterans' Appeals (Board) must consider whether a claimant's ability to rebut negative evidence or challenge the credi......
  • Fiduciary Activities
    • United States
    • Federal Register July 13, 2018
    • July 13, 2018
    ...is highly likely to be incomplete or otherwise in need of enhancement to ensure a fair and well-founded decision of appeal.'' Citing to 38 CFR 3.103 and Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009), the commenter stated that existing VA appellate procedures should govern fiduciary ap......
  • Request a trial to view additional results
180 cases
  • Smith v. Brown, No. 93-7043
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 12, 1994
    ...of the veteran, should his claim be denied, to file a Notice of Disagreement (NOD) to initiate the process of appellate review. 38 C.F.R. Sec. 3.103(f). A NOD is defined as any writing "expressing dissatisfaction or disagreement with an adjudicative determination of an agency of original ju......
  • Walters v. National Association of Radiation Survivors, No. 84-571
    • United States
    • United States Supreme Court
    • June 28, 1985
    ...and an "occupational specialist." A claimant is "entitled to a hearing at any time on any issue involved in a claim . . . ." 38 CFR § 3.103(c) (1984). Proceedings in front of the rating board "are ex parte in nature," § 3.103(a); no Page 310 Government official appears in opposition. The pr......
  • Sapp v. Wilkie, 16-2104
    • United States
    • Court of Appeals for Veteran Claims
    • November 27, 2019
    ...38 C.F.R. § 20.502 (2018). Claimants for VA benefits are entitled to a hearing on their claims at both the RO and the Board. 38 C.F.R. §§ 3.103(c) (2018), 20.700(a) (2018). The same is true for "[a]ll interested parties" in a simultaneously contested claim. 38 C.F.R. § 19.100 (2018). If a h......
  • Cook v. Principi, No. 00-7171.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • December 20, 2002
    ...No. 100-687, § 103(a), 102 Stat. 4105, 4106 (1988), Congress codified the VA's obligation to assist claimants, which had existed in 38 C.F.R. § 3.103(a) since 1972. See 38 C.F.R. § 3.103(a) (1987) ("[I]t is the obligation of [the VA] to assist a claimant in developing the facts pertinent to......
  • Request a trial to view additional results
2 books & journal articles
18 provisions
  • Fiduciary Activities
    • United States
    • Federal Register July 13, 2018
    • July 13, 2018
    ...is highly likely to be incomplete or otherwise in need of enhancement to ensure a fair and well-founded decision of appeal.'' Citing to 38 CFR 3.103 and Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009), the commenter stated that existing VA appellate procedures should govern fiduciary ap......
  • Standard Claims and Appeals Forms
    • United States
    • Federal Register September 25, 2014
    • September 25, 2014
    ...submit evidence in favor of that claim while the claim is pending. We note that neither the proposed rule, nor this final rule, alter 38 CFR 3.103(d), which governs submission of evidence and provides that ``any evidence . . . offered by the claimant in support of a claim . . . is to be inc......
  • VA Claims and Appeals Modernization
    • United States
    • Veterans Affairs Department
    • Invalid date
    ...were in general custody of VA at the time. VA makes minor adjustments to the rule as proposed to clarify the parameters in this area. 38 CFR 3.103(c)(2), Treatment of evidence received after notice of a decision, now clearly explains what may be included in the record for adjudication. It s......
  • Legal interpretations; General Counsel-precedent opinions: Veterans’ benefits under VA administered laws; summary,
    • United States
    • Federal Register May 05, 2004
    • May 5, 2004
    ...and complete copies of relevant documents is required to ensure fair process and compliance with established adjudication procedures (38 CFR 3.103(c) and (d)), the Board of Veterans' Appeals (Board) must consider whether a claimant's ability to rebut negative evidence or challenge the credi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT