38 CFR 19.9 - Remand or referral for further action

Cite as38 CFR 19.9
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49 practice notes
  • Board of Veterans Appeals: Appeals regulations and rules of practice— Grounds of clear and unmistakable error decisions,
    • United States
    • Federal Register May 19, 1998
    • May 19, 1998
    ...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......
  • Fiduciary Activities
    • United States
    • Federal Register January 03, 2014
    • January 3, 2014
    ...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), ......
  • Fiduciary Activities
    • United States
    • Federal Register July 13, 2018
    • July 13, 2018
    ...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), ......
  • VA Compensation and Pension Regulation Rewrite Project
    • United States
    • Federal Register November 27, 2013
    • November 27, 2013
    ...post-remand hearings in paragraph (a)(1), because it would require AOJ implementation of a specific order within the Board's authority. 38 CFR 19.9. Consequently, the one-hearing rule does not raise the specter of deficient hearings without a remedy for the claimant. Moreover, a remand from......
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32 cases
  • Disabled American Veterans v. Secretary of Veterans Affairs, 02-7304, -7305, -7316.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • May 1, 2003
    ...("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......
  • Disabled American v. Sec. of Veterans Affairs, No. 02-7304.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • May 1, 2003
    ...("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......
  • DISABLED AMERICAN VETER. v. SEC., VETERANS AFFAIRS, No. 04-7117
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 3, 2005
    ...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......
  • Sansbury v. McDonough, 20-8639
    • United States
    • Court of Appeals for Veteran Claims
    • April 11, 2022
    ...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
  • Economics and Austerity Relative to Veterans' Claims and the Veterans Appeal Process
    • United States
    • Military Law Review Nbr. 211, March 2012
    • March 1, 2012
    ...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 ......

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