38 CFR 19.9 - Remand or referral for further action
| Cite as | 38 CFR 19.9 |
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49 practice notes
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Fiduciary Activities
...Board's authority to remand a matter to the Hub Manager, Regional Office Director, or Director of the Pension and Fiduciary Service under 38 CFR 19.9 for any action necessary for an appellate decision or the issuance of a supplemental statement of the case under 38 CFR 19.31(b)(2), (b)(3), ......
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Part II
...parts 19 and 20. Nothing in this section shall be construed to limit the Board's authority to remand a matter to the General Counsel under 38 CFR 19.9 for any action that is essential for a proper appellate decision or the General Counsel's ability to issue Supplemental Statement of the Cas......
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Board of Veterans Appeals: Appeals regulations and rules of practice Grounds of clear and unmistakable error decisions,
...make a final decision--allowing or denying the appeal--or may remand the matter to the AOJ for development of additional factual material. 38 CFR 19.9. If an appellant does not agree with the Board's final decision, and the notice of disagreement in the case was filedon or after November 18......
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Fiduciary Activities
...Board's authority to remand a matter to the Hub Manager, Regional Office Director, or Director of the Pension and Fiduciary Service under 38 CFR 19.9 for any action necessary for an appellate decision or the issuance of a supplemental statement of the case under 38 CFR 19.31(b)(2), (b)(3), ......
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32 cases
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Disabled American Veterans v. Secretary of Veterans Affairs, 02-7304, -7305, -7316.
...("PVA") (collectively "petitioners") petition for review of regulations promulgated by the Department of Veterans Affairs ("VA"), 38 C.F.R. §§ 19.9, 19.31, 20.903, 20.1304, that permit the Board of Veterans' Appeals ("Board") to obtain evidence, clarify the evidence, cure a procedural defec......
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Disabled American v. Sec. of Veterans Affairs, No. 02-7304.
...("PVA") (collectively "petitioners") petition for review of regulations promulgated by the Department of Veterans Affairs ("VA"), 38 C.F.R. §§ 19.9, 19.31, 20.903, 20.1304 (2002), that permit the Board of Veterans' Appeals ("Board") to obtain evidence, clarify the evidence, cure a procedura......
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DISABLED AMERICAN VETER. v. SEC., VETERANS AFFAIRS, No. 04-7117
...the Board from considering new evidence that was not before the regional office. In DAV I, the petitioner challenged the validity of 38 C.F.R. § 19.9(a)(2) (2002), which If further evidence . . . or any other action is essential for a proper appellate decision, a Board Member or panel of Me......
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Sansbury v. McDonough, 20-8639
...has jurisdiction over the matter, but further development is needed." Id. at 11 (quoting Young, 25 Vet.App. at 203). He also relies on 38 C.F.R. § 19.9(b), which states: "The Board shall refer to the agency of original jurisdiction for appropriate consideration and handling in the first ins......
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1 books & journal articles
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Economics and Austerity Relative to Veterans' Claims and the Veterans Appeal Process
...131 See 38 C.F.R. § 3.105; id. § 3.156. 132 38 U.S.C. § 7266. 133 Id. §7252 (2012); id. § 7292. 134 Id. § 5109B, id. § 7112. 135 38 C.F.R. § 19.9(3) (Westlaw 2012). In the context of newly submitted evidence, this distinction is critical because, procedurally, the Board of Veterans Appeals ......