38 CFR 20.302 - Rule 302. Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case

Cite as38 CFR 20.302
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64 practice notes
  • Part II
    • United States
    • Federal Register May 22, 2007
    • 22 Mayo 2007
    ...decisions that have not been appealed within the time limits prescribed by statute and regulation for their appeal. See, e.g., 38 CFR 20.302(a) (if Notice of Disagreement not filed within 1 year of notice of agency of original jurisdiction decision, that decision shall become ``final''). Fu......
  • VA Claims and Appeals Modernization
    • United States
    • Veterans Affairs Department
    • Invalid date
    ...and preserve the effective date associated with his or her appeal to the Board. VA makes no changes based on this comment. Under 38 CFR 20.302(a), when a Board hearing is requested in the Notice of Disagreement, the Board's decision will include consideration of testimony and evidence submi......
  • Separate Parts In This Issue Part II Veterans Affairs Department,
    • United States
    • Federal Register May 22, 2007
    • 22 Mayo 2007
    ...decisions that have not been appealed within the time limits prescribed by statute and regulation for their appeal. See, e.g., 38 CFR 20.302(a) (if Notice of Disagreement not filed within 1 year of notice of agency of original jurisdiction decision, that decision shall become ``final''). Fu......
  • VA Compensation and Pension Regulation Rewrite Project
    • United States
    • Federal Register November 27, 2013
    • 27 Noviembre 2013
    ...however, begins with the date of mailing of notice to a claimant concerning a decision made by the agency of original jurisdiction. See 38 CFR 20.302 through 20.306. The ``appeal period'' ends 1 year after the notice date if no NOD is received. Id. We agree, however, that proposed Sec. 5.15......
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53 cases
  • Henderson v. Shinseki, No. 09–1036.
    • United States
    • U.S. Supreme Court
    • 1 Marzo 2011
    ...If a regional office denies a claim, the veteran has a generous one-year time limit to initiate an appeal to the Board. § 7105(b)(1); 38 CFR § 20.302(a). A veteran may also reopen a previously denied claim at any time by presenting "new and material evidence," 38 U.S.C. § 5108, and decision......
  • Aviles-Rivera v. McDonough, 19-5969
    • United States
    • Court of Appeals for Veteran Claims
    • 2 Mayo 2022
    ...claimants are permitted to submit additional evidence to the Board. 38 U.S.C. § 7113(b)-(c); see 38 U.S.C. § 7105(b)(3)(a)-(b); 38 C.F.R. §§ 20.302 (2021), 20.303 (2021). In the direct review docket, the Board reviews the appeal without additional evidence, 38 U.S.C. § 7105(b)(3)(c); 38 C.F......
  • Zevalkink v. Brown, Nos. 94-7101
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 17 Diciembre 1996
    ...may be appealed to the BVA after filing a notice of disagreement (NOD) with the RO within one year of the decision. 38 U.S.C. § 7104; 38 CFR § 20.302(a). Once the BVA has issued a final decision, the statute provides in 38 U.S.C. §§ 7104 and 5108, that the BVA may not reconsider and allow a......
  • Sims v. Shinseki, No. 2008-7082.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 13 Agosto 2009
    ...(c). During that one year period and before initiating an appeal, the claimant can submit additional supporting evidence. See 38 C.F.R § 20.302(b)(2).1 Before the end of that one year period, a claimant can initiate 578 F.3d 1335 appellate review of the rating decision by filing an NOD with......
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1 books & journal articles

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