530 Sections3 Parts
VA Regulations

38 CFR

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Contents

In this document

38 CFR is organised into 3 parts. Each one opens to its sections, and each section opens to its full text with a link to the official source.

530 sections

Part 4

Schedule for Rating Disabilities

101
§ 4.1 – § 4.31General policy in rating27
  1. 4.1Essentials of evaluative rating.
  2. 4.2Interpretation of examination reports.
  3. 4.3Resolution of reasonable doubt.
  4. 4.6Evaluation of evidence.
  5. 4.7Higher of two evaluations.
  6. 4.9Congenital or developmental defects.
  7. 4.10Functional impairment.
  8. 4.13Effect of change of diagnosis.
  9. 4.14Avoidance of pyramiding.
  10. 4.15Total disability ratings.
  11. 4.16Total disability ratings for compensation based on unemployability of the individual.
  12. 4.17Total disability ratings for pension based on unemployability and age of the individual.
  13. 4.17aMisconduct etiology.
  14. 4.18Unemployability.
  15. 4.19Age in service-connected claims.
  16. 4.20Analogous ratings.
  17. 4.21Application of rating schedule.
  18. 4.22Rating of disabilities aggravated by active service.
  19. 4.23Attitude of rating officers.
  20. 4.24Correspondence.
  21. 4.25Combined ratings table.
  22. 4.26Bilateral factor.
  23. 4.27Use of diagnostic code numbers.
  24. 4.28Prestabilization rating from date of discharge from service.
  25. 4.29Ratings for service-connected disabilities requiring hospital treatment or observation.
  26. 4.30Convalescent ratings.
  27. 4.31Zero percent evaluations.
§ 4.40 – § 4.73Musculoskeletal system28
  1. 4.40Functional loss.
  2. 4.41History of injury.
  3. 4.42Complete medical examination of injury cases.
  4. 4.43Osteomyelitis.
  5. 4.44The bones.
  6. 4.45The joints.
  7. 4.46Accurate measurement.
  8. 4.47-4.54Reserved
  9. 4.55Principles of combined ratings for muscle injuries.
  10. 4.56Evaluation of muscle disabilities.
  11. 4.57Static foot deformities.
  12. 4.58Arthritis due to strain.
  13. 4.59Painful motion.
  14. 4.60Reserved
  15. 4.61Examination.
  16. 4.62Circulatory disturbances.
  17. 4.63Loss of use of hand or foot.
  18. 4.64Loss of use of both buttocks.
  19. 4.65Reserved
  20. 4.66Sacroiliac joint.
  21. 4.67Pelvic bones.
  22. 4.68Amputation rule.
  23. 4.69Dominant hand.
  24. 4.70Inadequate examinations.
  25. 4.71Measurement of ankylosis and joint motion.
  26. 4.71aSchedule of ratings—musculoskeletal system.
  27. 4.72Reserved
  28. 4.73Schedule of ratings—muscle injuries.
§ 4.75 – § 4.84Eyes and visual impairment7
  1. 4.75General considerations for evaluating visual impairment.
  2. 4.76Visual acuity.
  3. 4.76aComputation of average concentric contraction of visual fields.
  4. 4.77Visual fields.
  5. 4.78Muscle function.
  6. 4.79Schedule of ratings—eye.
  7. 4.80-4.84Reserved
§ 4.85 – § 4.87aHearing and other sense organs4
  1. 4.85Evaluation of hearing impairment.
  2. 4.86Exceptional patterns of hearing impairment.
  3. 4.87Schedule of ratings—ear.
  4. 4.87aSchedule of ratings—other sense organs.
§ 4.88 – § 4.89Infectious disease, immune and nutritional5
  1. 4.88Reserved
  2. 4.88aChronic fatigue syndrome.
  3. 4.88bSchedule of ratings—infectious diseases, immune disorders and nutritional deficiencies.
  4. 4.88cRatings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968.
  5. 4.89Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968.
§ 4.96 – § 4.97Respiratory system2
  1. 4.96Special provisions regarding evaluation of respiratory conditions.
  2. 4.97Schedule of ratings—respiratory system.
§ 4.100 – § 4.104Cardiovascular system3
  1. 4.100Application of the general rating formula for diseases of the heart.
  2. 4.101-4.103Reserved
  3. 4.104Schedule of ratings—cardiovascular system.
§ 4.110 – § 4.114Digestive system4
  1. 4.110-4.111Reserved
  2. 4.112Weight loss and nutrition.
  3. 4.113Coexisting abdominal conditions.
  4. 4.114Schedule of ratings—digestive system.
§ 4.115 – § 4.115bGenitourinary system3
  1. 4.115Nephritis.
  2. 4.115aRatings of the genitourinary system—dysfunctions.
  3. 4.115bRatings of the genitourinary system—diagnoses.
§ 4.116Gynecological conditions and the breast1
  1. 4.116Schedule of ratings—gynecological conditions and disorders of the breast.
§ 4.117Hemic and lymphatic systems1
  1. 4.117Schedule of ratings—hemic and lymphatic systems.
§ 4.118Skin1
  1. 4.118Schedule of ratings—skin.
§ 4.119Endocrine system1
  1. 4.119Schedule of ratings—endocrine system.
§ 4.120 – § 4.124aNeurological conditions and epilepsy6
  1. 4.120Evaluations by comparison.
  2. 4.121Identification of epilepsy.
  3. 4.122Psychomotor epilepsy.
  4. 4.123Neuritis, cranial or peripheral.
  5. 4.124Neuralgia, cranial or peripheral.
  6. 4.124aSchedule of ratings—neurological conditions and convulsive disorders.
§ 4.125 – § 4.130Mental disorders6
  1. 4.125Diagnosis of mental disorders.
  2. 4.126Evaluation of disability from mental disorders.
  3. 4.127Intellectual disability (intellectual developmental disorder) and personality disorders.
  4. 4.128Convalescence ratings following extended hospitalization.
  5. 4.129Mental disorders due to traumatic stress.
  6. 4.130Schedule of ratings—Mental disorders.
§ 4.149 – § 4.150Dental and oral conditions2
  1. 4.149Reserved
  2. 4.150Schedule of ratings—dental and oral conditions.
Part 3

Adjudication

304
§ 3.1 – § 3.60Definitions, eligibility, rates, and relationships45
  1. 3.1Definitions.
  2. 3.2Periods of war.
  3. 3.3Pension.
  4. 3.4Compensation.
  5. 3.5Dependency and indemnity compensation.
  6. 3.6Duty periods.
  7. 3.7Individuals and groups considered to have performed active military, naval, air, or space service.
  8. 3.10Dependency and indemnity compensation rate for a surviving spouse.
  9. 3.11Homicide.
  10. 3.12Benefit eligibility based on character of discharge.
  11. 3.12aMinimum active-duty service requirement.
  12. 3.13Discharge to change status.
  13. 3.14Validity of enlistments.
  14. 3.15Computation of service.
  15. 3.16Service pension.
  16. 3.17Disability and survivors pension; Mexican border period and later war periods.
  17. 3.18-3.19Reserved
  18. 3.20Surviving spouse's benefit for month of veteran's death.
  19. 3.21Monetary rates.
  20. 3.22DIC benefits for survivors of certain veterans rated totally disabled at time of death.
  21. 3.23Improved pension rates—Veterans and surviving spouses.
  22. 3.24Improved pension rates—Surviving children.
  23. 3.25Parent's dependency and indemnity compensation (DIC)—Method of payment computation.
  24. 3.26Section 306 and old-law pension annual income limitations.
  25. 3.27Automatic adjustment of benefit rates.
  26. 3.28Automatic adjustment of section 306 and old-law pension income limitations.
  27. 3.29Rounding.
  28. 3.30Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC).
  29. 3.31Commencement of the period of payment.
  30. 3.32Exchange rates for foreign currencies.
  31. 3.33Reevaluation of Claims for Dependency and Indemnity Compensation Involving Presumptions of Service Connection Following Enactment of Public Law 117-168.
  32. 3.40Philippine and Insular Forces.
  33. 3.41Philippine service.
  34. 3.42Compensation at the full-dollar rate for certain Filipino veterans residing in the United States.
  35. 3.43Burial benefits at the full-dollar rate for certain Filipino veterans residing in the United States on the date of death.
  36. 3.50Spouse and surviving spouse.
  37. 3.52Marriages deemed valid.
  38. 3.53Continuous cohabitation.
  39. 3.54Marriage dates.
  40. 3.55Reinstatement of benefits eligibility based upon terminated marital relationships.
  41. 3.56Reserved
  42. 3.57Child.
  43. 3.58Child adopted out of family.
  44. 3.59Parent.
  45. 3.60Definition of “living with”.
§ 3.100 – § 3.161General policy in claims; filing a claim25
  1. 3.100Delegations of authority.
  2. 3.102Reasonable doubt.
  3. 3.103Procedural due process and other rights.
  4. 3.104Binding nature of decisions.
  5. 3.105Revision of decisions.
  6. 3.106Renouncement.
  7. 3.107Awards where not all dependents apply.
  8. 3.108State Department as agent of Department of Veterans Affairs.
  9. 3.109Time limit.
  10. 3.110Computation of time limit.
  11. 3.111Reserved
  12. 3.112Fractions of one cent.
  13. 3.114Change of law or Department of Veterans Affairs issue.
  14. 3.115Access to financial records.
  15. 3.150Forms to be furnished.
  16. 3.151Claims for disability benefits.
  17. 3.152Claims for death benefits.
  18. 3.153Claims filed with Social Security.
  19. 3.154Injury due to hospital treatment, etc.
  20. 3.155How to file a claim.
  21. 3.156New evidence.
  22. 3.158Abandoned claims.
  23. 3.159Department of Veterans Affairs assistance in developing claims.
  24. 3.160Status of claims.
  25. 3.161Reserved
§ 3.200 – § 3.279Evidence requirements; dependency, income and estate39
  1. 3.200Testimony certified or under oath.
  2. 3.201Exchange of evidence; Social Security and Department of Veterans Affairs.
  3. 3.202Evidence from foreign countries.
  4. 3.203Service records as evidence of service and character of discharge.
  5. 3.204Evidence of dependents and age.
  6. 3.205Marriage.
  7. 3.206Divorce.
  8. 3.207Void or annulled marriage.
  9. 3.208Claims based on attained age.
  10. 3.209Birth.
  11. 3.210Child's relationship.
  12. 3.211Death.
  13. 3.212Unexplained absence for 7 years.
  14. 3.213Change of status affecting entitlement.
  15. 3.214Court decisions; unremarried surviving spouses.
  16. 3.215Termination of marital relationship or conduct.
  17. 3.216Mandatory disclosure of social security numbers.
  18. 3.217Submission of statements or information affecting entitlement to benefits.
  19. 3.250Dependency of parents; compensation.
  20. 3.251Income of parents; dependency and indemnity compensation.
  21. 3.252Annual income; pension; Mexican border period and later war periods.
  22. 3.253-3.255Reserved
  23. 3.256Eligibility reporting requirements.
  24. 3.257Children; no surviving spouse entitled.
  25. 3.258-3.259Reserved
  26. 3.260Computation of income.
  27. 3.261Character of income; exclusions and estates.
  28. 3.262Evaluation of income.
  29. 3.263Corpus of estate; net worth.
  30. 3.270Applicability of various dependency, income and estate regulations.
  31. 3.271Computation of income.
  32. 3.272Exclusions from income.
  33. 3.273Rate computation.
  34. 3.274Net worth and VA pension.
  35. 3.275How VA determines the asset amount for pension net worth determinations.
  36. 3.276Asset transfers and penalty periods.
  37. 3.277Eligibility reporting requirements.
  38. 3.278Deductible medical expenses.
  39. 3.279Statutory exclusions from income or assets (net worth or corpus of the estate).
§ 3.300 – § 3.385Service connection, ratings and evaluations68
  1. 3.300Claims based on the effects of tobacco products.
  2. 3.301Line of duty and misconduct.
  3. 3.302Service connection for mental unsoundness in suicide.
  4. 3.303Principles relating to service connection.
  5. 3.304Direct service connection; wartime and peacetime.
  6. 3.305Direct service connection; peacetime service before January 1, 1947.
  7. 3.306Aggravation of preservice disability.
  8. 3.307Presumptive service connection for chronic, tropical, or prisoner-of-war related disease, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminants in the water supply at Camp Lejeune; wartime and service on or after January 1, 1947.
  9. 3.308Presumptive service connection; peacetime service before January 1, 1947.
  10. 3.309Disease subject to presumptive service connection.
  11. 3.310Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.
  12. 3.311Claims based on exposure to ionizing radiation.
  13. 3.312Cause of death.
  14. 3.313Claims based on service in Vietnam.
  15. 3.314Basic pension determinations.
  16. 3.315Basic eligibility determinations; dependents, loans, education.
  17. 3.316Claims based on chronic effects of exposure to mustard gas and Lewisite.
  18. 3.317Compensation for certain disabilities occurring in Persian Gulf veterans.
  19. 3.318Presumptive service connection for amyotrophic lateral sclerosis.
  20. 3.319Reserved
  21. 3.320Claims based on exposure to fine particulate matter.
  22. 3.320aPresumptive service connection for bladder, ureter, and related genitourinary cancers.
  23. 3.320bPresumptive service connection for leukemias, multiple myelomas, myelodysplastic syndromes, and myelofibrosis.
  24. 3.321General rating considerations.
  25. 3.322Rating of disabilities aggravated by service.
  26. 3.323Combined ratings.
  27. 3.324Multiple noncompensable service-connected disabilities.
  28. 3.325Reserved
  29. 3.326Examinations.
  30. 3.327Reexaminations.
  31. 3.328lndependent medical opinions.
  32. 3.329Reserved
  33. 3.330Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
  34. 3.331-3.339Reserved
  35. 3.340Total and permanent total ratings and unemployability.
  36. 3.341Total disability ratings for compensation purposes.
  37. 3.342Permanent and total disability ratings for pension purposes.
  38. 3.343Continuance of total disability ratings.
  39. 3.344Stabilization of disability evaluations.
  40. 3.350Special monthly compensation ratings.
  41. 3.351Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings.
  42. 3.352Criteria for determining need for aid and attendance and “permanently bedridden.”
  43. 3.353Determinations of incompetency and competency.
  44. 3.354Determinations of insanity.
  45. 3.355Testamentary capacity for insurance purposes.
  46. 3.356Conditions which determine permanent incapacity for self-support.
  47. 3.357Civil service preference ratings.
  48. 3.358Compensation for disability or death from hospitalization, medical or surgical treatment, examinations or vocational rehabilitation training (§ 3.800).
  49. 3.359Determination of service connection for former members of the Armed Forces of Czechoslovakia or Poland.
  50. 3.360Service-connected health-care eligibility of certain persons administratively discharged under other than honorable condition.
  51. 3.361Benefits under 38 U.S.C. 1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program.
  52. 3.362Offsets under 38 U.S.C. 1151(b) of benefits awarded under 38 U.S.C. 1151(a).
  53. 3.363Bar to benefits under 38 U.S.C. 1151.
  54. 3.370Pulmonary tuberculosis shown by X-ray in active service.
  55. 3.371Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947.
  56. 3.372Initial grant following inactivity of tuberculosis.
  57. 3.373Reserved
  58. 3.374Effect of diagnosis of active tuberculosis.
  59. 3.375Determination of inactivity (complete arrest) in tuberculosis.
  60. 3.376-3.377Reserved
  61. 3.378Changes from activity in pulmonary tuberculosis pension cases.
  62. 3.379Anterior poliomyelitis.
  63. 3.380Diseases of allergic etiology.
  64. 3.381Service connection of dental conditions for treatment purposes.
  65. 3.382Reserved
  66. 3.383Special consideration for paired organs and extremities.
  67. 3.384Psychosis.
  68. 3.385Disability due to impaired hearing.
§ 3.400 – § 3.461Effective dates; apportionments13
  1. 3.400General.
  2. 3.401Veterans.
  3. 3.402Surviving spouse.
  4. 3.403Children.
  5. 3.404Parents.
  6. 3.405Filipino veterans and their survivors; benefits at the full-dollar rate.
  7. 3.450General Apportionment.
  8. 3.451Apportionment claims.
  9. 3.452Veteran's benefits apportionable.
  10. 3.453Benefits not apportionable.
  11. 3.454Apportionment of pension.
  12. 3.455Apportionment of a surviving spouse's dependency and indemnity compensation.
  13. 3.456-461Reserved
§ 3.500 – § 3.559Reductions and discontinuances13
  1. 3.500General.
  2. 3.501Veterans.
  3. 3.502Surviving spouses.
  4. 3.503Children.
  5. 3.504Parents; aid and attendance.
  6. 3.505Filipino veterans and their survivors; benefits at the full-dollar rate.
  7. 3.551Reduction because of hospitalization.
  8. 3.552Adjustment of allowance for aid and attendance.
  9. 3.553-3.555Reserved
  10. 3.556Adjustment on discharge or release.
  11. 3.557Reserved
  12. 3.558Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.
  13. 3.559Reserved
§ 3.650 – § 3.669Adjustments and resumptions18
  1. 3.650Rate for additional dependent.
  2. 3.651Change in status of dependents.
  3. 3.652Periodic certification of continued eligibility.
  4. 3.653Foreign residence.
  5. 3.654Active service pay.
  6. 3.655Failure to report for Department of Veterans Affairs examination.
  7. 3.656Disappearance of veteran.
  8. 3.657Surviving spouse becomes entitled, or entitlement terminates.
  9. 3.658Offsets; dependency and indemnity compensation.
  10. 3.659Two parents in same parental line.
  11. 3.660Dependency, income and estate.
  12. 3.661Eligibility Verification Reports.
  13. 3.662-3.664Reserved
  14. 3.665Incarcerated beneficiaries and fugitive felons—compensation.
  15. 3.666Incarcerated beneficiaries and fugitive felons—pension.
  16. 3.667School attendance.
  17. 3.668Reserved
  18. 3.669Forfeiture.
§ 3.700 – § 3.754Concurrent benefits, elections, and retired pay19
  1. 3.700General.
  2. 3.701Elections of pension or compensation.
  3. 3.702Dependency and indemnity compensation.
  4. 3.703Two parents in same parental line.
  5. 3.704Elections within class of dependents.
  6. 3.705-3.706Reserved
  7. 3.707Dependents' educational assistance.
  8. 3.708Federal Employees' Compensation.
  9. 3.710Civil service annuitants.
  10. 3.711Improved pension elections.
  11. 3.712Improved pension elections; surviving spouses of Spanish-American War veterans.
  12. 3.713Effective dates of improved pension elections.
  13. 3.714Improved pension elections—public assistance beneficiaries.
  14. 3.715Radiation Exposure Compensation Act of 1990, as amended.
  15. 3.750Entitlement to concurrent receipt of military retired pay and disability compensation.
  16. 3.751Statutory awards; retired service personnel.
  17. 3.752Reserved
  18. 3.753Public Health Service.
  19. 3.754Emergency officers' retirement pay.
§ 3.800 – § 3.816Special benefits and allowances18
  1. 3.800Disability or death due to hospitalization, etc.
  2. 3.801Special acts.
  3. 3.802Medal of Honor.
  4. 3.803Naval pension.
  5. 3.804Special allowance under 38 U.S.C. 1312.
  6. 3.805Loan guaranty for surviving spouses; certification.
  7. 3.806Death gratuity; certification.
  8. 3.807Dependents' educational assistance; certification.
  9. 3.808Automobiles or other conveyances and adaptive equipment; certification.
  10. 3.809Specially adapted housing under 38 U.S.C. 2101(a)(2)(A)(i).
  11. 3.809aSpecial home adaptation grants under 38 U.S.C. 2101(b).
  12. 3.810Clothing allowance.
  13. 3.811Minimum income annuity and gratuitous annuity.
  14. 3.812Special allowance payable under section 156 of Pub. L. 97-377.
  15. 3.813Interim benefits for disability or death due to chloracne or porphyria cutanea tarda.
  16. 3.814Monetary allowance under 38 U.S.C. chapter 18 for an individual suffering from spina bifida whose biological father or mother is or was a Vietnam veteran or a veteran with covered service in Korea.
  17. 3.815Monetary allowance under 38 U.S.C. chapter 18 for an individual with disability from covered birth defects whose biological mother is or was a Vietnam veteran; identification of covered birth defects.
  18. 3.816Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.
§ 3.900 – § 3.960Forfeiture; protection of ratings and benefits15
  1. 3.900General.
  2. 3.901Fraud.
  3. 3.902Treasonable acts.
  4. 3.903Subversive activities.
  5. 3.904Effect of forfeiture after veteran's death.
  6. 3.905Declaration of forfeiture or remission of forfeiture.
  7. 3.950Helpless children; Spanish-American and prior wars.
  8. 3.951Preservation of disability ratings.
  9. 3.952Protected ratings.
  10. 3.953Pub. L. 85-56 and Pub. L. 85-857.
  11. 3.955-3.956Reserved
  12. 3.957Service connection.
  13. 3.958Federal employees' compensation cases.
  14. 3.959Tuberculosis.
  15. 3.960Section 306 and old-law pension protection.
§ 3.1000 – § 3.1010Accrued benefits and payments after death9
  1. 3.1000Entitlement under 38 U.S.C. 5121 to benefits due and unpaid upon death of a beneficiary.
  2. 3.1001Hospitalized competent veterans.
  3. 3.1002Political subdivisions of United States.
  4. 3.1003Returned and canceled checks.
  5. 3.1004-3.1006Reserved
  6. 3.1007Hospitalized incompetent veterans.
  7. 3.1008Accrued benefits payable to foreign beneficiaries.
  8. 3.1009Personal funds of patients.
  9. 3.1010Substitution under 38 U.S.C. 5121A following death of a claimant.
§ 3.1700 – § 3.1713Burial benefits14
  1. 3.1700Types of VA burial benefits.
  2. 3.1701Deceased veterans for whom VA may provide burial benefits.
  3. 3.1702Persons who may receive burial benefits; priority of payments.
  4. 3.1703Claims for burial benefits.
  5. 3.1704Burial allowance based on service-connected death.
  6. 3.1705Burial allowance based on non-service-connected death.
  7. 3.1706Burial allowance for a veteran who died while hospitalized by VA.
  8. 3.1707Plot or interment allowances for burial in a State veterans cemetery or other cemetery.
  9. 3.1708Burial of a veteran whose remains are unclaimed.
  10. 3.1709Transportation expenses for burial.
  11. 3.1710Escheat (payment of burial benefits to an estate with no heirs).
  12. 3.1711Effect of contributions by government, public, or private organizations.
  13. 3.1712Effect of forfeiture on payment of burial benefits.
  14. 3.1713Eligibility based on status before 1958.
§ 3.2100 – § 3.2130Standard forms and signatures2
  1. 3.2100Scope of Applicability.
  2. 3.2130Will VA accept a signature by mark or thumbprint?
§ 3.2400The modernized review system1
  1. 3.2400Applicability of modernized review system.
§ 3.2500 – § 3.2502Review of decisions3
  1. 3.2500Review of decisions.
  2. 3.2501Supplemental claims.
  3. 3.2502Return by higher-level adjudicator or remand by the Board of Veterans' Appeals.
§ 3.2600 – § 3.2601Legacy review and higher-level review2
  1. 3.2600Legacy review of benefit claims decisions.
  2. 3.2601Higher-level review.
Part 20

Board of Veterans' Appeals: Rules of Practice

125
§ 20.1 – § 20.99Purpose, definitions, and representation7
  1. 20.1Rule 1. Purpose and construction of Rules of Practice.
  2. 20.2Rule 2. Procedure in absence of specific Rule of Practice.
  3. 20.3Rule 3. Definitions.
  4. 20.4Rule 4. Appeal systems definitions and applicability provisions.
  5. 20.5Rule 5. Right to representation.
  6. 20.6Rule 6. Withdrawal of services by a representative.
  7. 20.7-20.99Reserved
§ 20.100 – § 20.199The Board: composition, jurisdiction, and time limits13
  1. 20.100Rule 100. Establishment of the Board.
  2. 20.101Rule 101. Composition of the Board; titles.
  3. 20.102Rule 102. Name, business hours, and mailing address of the Board.
  4. 20.103Rule 103. Principal functions of the Board.
  5. 20.104Rule 104. Jurisdiction of the Board.
  6. 20.105Rule 105. Criteria governing disposition of appeals.
  7. 20.106Rule 106. Assignment of proceedings.
  8. 20.107Rule 107. Disqualification of Members.
  9. 20.108Rule 108. Delegation of authority to Chairman and Vice Chairman, Board of Veterans' Appeals.
  10. 20.109Rule 109. Delegation of authority to Vice Chairman, Deputy Vice Chairmen, or Members of the Board.
  11. 20.110Rule 110. Computation of time limit for filing.
  12. 20.111Rule 111. Legal holidays.
  13. 20.112-20.199Reserved
§ 20.200 – § 20.299Appeals and the Notice of Disagreement7
  1. 20.200Rule 200. Notification by agency of original jurisdiction of right to appeal.
  2. 20.201Rule 201. What constitutes an appeal.
  3. 20.202Rule 202. Notice of Disagreement.
  4. 20.203Rule 203. Place and time of filing of Notice of Disagreement.
  5. 20.204Rule 204. Who can file a Notice of Disagreement.
  6. 20.205Rule 205. Withdrawal of appeal.
  7. 20.206-20.299Reserved
§ 20.300 – § 20.399How appeals are processed5
  1. 20.300Rule 300. General.
  2. 20.301Rule 301. Appeals with no request for a Board hearing and no additional evidence.
  3. 20.302Rule 302. Appeals with a request for a Board hearing.
  4. 20.303Rule 303. Appeals with no request for a Board hearing, but with a request for submission of additional evidence.
  5. 20.304-20.399Reserved
§ 20.400 – § 20.499Simultaneously contested claims9
  1. 20.400Rule 400. Notification of the right to appeal in a simultaneously contested claim.
  2. 20.401Rule 401. Who can file an appeal in simultaneously contested claims.
  3. 20.402Rule 402. Time limits for filing Notice of Disagreement in simultaneously contested claims.
  4. 20.403Rule 403. Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims.
  5. 20.404Rule 404. Time limit for response to appeal by another contesting party in a simultaneously contested claim.
  6. 20.405Rule 405. Docketing of simultaneously contested claims at the Board.
  7. 20.406Rule 406. Notices sent to last addresses of record in simultaneously contested claims.
  8. 20.407Rule 407. Favorable findings are not binding in contested claims.
  9. 20.408-20.499Reserved
§ 20.500 – § 20.599Contested claims: time limits and notices7
  1. 20.500Rule 500. Applicability.
  2. 20.501Rule 501. Who can file an appeal in simultaneously contested claims.
  3. 20.502Rule 502. Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims.
  4. 20.503Rule 503. Time limit for response to appeal by another contesting party in a simultaneously contested claim.
  5. 20.504Rule 504. Extension of time for filing a Substantive Appeal in simultaneously contested claims.
  6. 20.505Rule 505. Notices sent to last addresses of record in simultaneously contested claims.
  7. 20.506-20.599Reserved
§ 20.600 – § 20.699Hearings in legacy appeals7
  1. 20.600Rule 600. Applicability.
  2. 20.601Rule 601. Methods by which hearings in legacy appeals are conducted; scheduling and notice provisions for such hearings.
  3. 20.602Rule 602. When a hearing before the Board of Veterans' Appeals may be requested in a legacy appeal; procedure for requesting a change in method of hearing.
  4. 20.603Rule 603. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities in a legacy appeal.
  5. 20.604Rule 604. Designation of Member or Members to conduct the hearing in a legacy appeal.
  6. 20.605Rule 605. Procurement of additional evidence following a hearing in a legacy appeal.
  7. 20.606-20.699Reserved
§ 20.700 – § 20.799Hearings before the Board17
  1. 20.700Rule 700. General.
  2. 20.701Rule 701. Who may present oral argument.
  3. 20.702Rule 702. Methods by which hearings are conducted.
  4. 20.703Rule 703. When a hearing before the Board of Veterans' Appeals may be requested; procedure for requesting a change in method of hearing.
  5. 20.704Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals.
  6. 20.705Rule 705. Functions of the presiding Member.
  7. 20.706Rule 706. Designation of Member or Members to conduct the hearing.
  8. 20.707Rule 707. Prehearing conference.
  9. 20.708Rule 708. Witness at hearings.
  10. 20.709Rule 709. Subpoenas.
  11. 20.710Rule 710. Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government.
  12. 20.711Rule 711. Hearings in simultaneously contested claims.
  13. 20.712Rule 712. Record of hearing.
  14. 20.713Rule 713. Recording of hearing by appellant or representative.
  15. 20.714Rule 714. Correction of hearing transcripts.
  16. 20.715Rule 715. Loss of hearing recordings or transcripts—request for new hearing.
  17. 20.716-20.799Reserved
§ 20.800 – § 20.899Board decisions and remands6
  1. 20.800Rule 800. Order of consideration of appeals.
  2. 20.801Rule 801. The decision.
  3. 20.802Rule 802. Remand for correction of error.
  4. 20.803Rule 803. Content of Board decision, remand, or order in simultaneously contested claims.
  5. 20.804Rule 804. Opinions of the General Counsel.
  6. 20.805-20.899Reserved
§ 20.900 – § 20.999Evidence, decisions, and medical opinions10
  1. 20.900Rule 900. Applicability.
  2. 20.901Rule 901. Submission of additional evidence after initiation of appeal.
  3. 20.902Rule 902. Order of consideration of appeals.
  4. 20.903Rule 903. The decision.
  5. 20.904Rule 904. Remand or referral for further action.
  6. 20.905Rule 905. Content of Board decision, remand, or order in simultaneously contested claims.
  7. 20.906Rule 906. Medical opinions and opinions of the General Counsel.
  8. 20.907Rule 907. Filing of requests for the procurement of opinions.
  9. 20.908Rule 908. Notification of evidence to be considered by the Board and opportunity for response.
  10. 20.909-20.999Reserved
§ 20.1000 – § 20.1099Vacating a decision; reconsideration6
  1. 20.1000Rule 1000. Vacating a decision.
  2. 20.1001Rule 1001. When reconsideration is accorded.
  3. 20.1002Rule 1002. Filing and disposition of motion for reconsideration.
  4. 20.1003Rule 1003. Hearings on reconsideration.
  5. 20.1004Rule 1004. Reconsideration panel.
  6. 20.1005-20.1099Reserved
§ 20.1100 – § 20.1199Finality of decisions8
  1. 20.1100Rule 1100. Finality of decisions of the Board.
  2. 20.1101Reserved
  3. 20.1102Rule 1102. Harmless error.
  4. 20.1103Rule 1103. Finality of determinations of the agency of original jurisdiction where issue is not appealed.
  5. 20.1104Rule 1104. Finality of determinations of the agency of original jurisdiction affirmed on appeal.
  6. 20.1105Rule 1105. Supplemental claim after promulgation of appellate decision.
  7. 20.1106Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime.
  8. 20.1107-20.1199Reserved
§ 20.1200 – § 20.1299Privacy Act requests; amending decisions3
  1. 20.1200Rule 1200. Privacy Act request—appeal pending.
  2. 20.1201Rule 1201. Amendment of appellate decisions.
  3. 20.1202-20.1299Reserved
§ 20.1300 – § 20.1399Board records, disclosure, and change of representation7
  1. 20.1300Rule 1300. Removal of Board records.
  2. 20.1301Rule 1301. Disclosure of information.
  3. 20.1302Rule 1302. Death of appellant during pendency of appeal before the Board.
  4. 20.1303Rule 1303. Nonprecedential nature of Board decisions.
  5. 20.1304Rule 1304. Request for a change in representation.
  6. 20.1305Rule 1305. Procedures for legacy appellants to request a change in representation, personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals.
  7. 20.1306-20.1399Reserved
§ 20.1400 – § 20.1499Revision based on clear and unmistakable error13
  1. 20.1400Rule 1400. Motions to revise Board decisions.
  2. 20.1401Rule 1401. Definitions.
  3. 20.1402Rule 1402. Inapplicability of other rules.
  4. 20.1403Rule 1403. What constitutes clear and unmistakable error; what does not.
  5. 20.1404Rule 1404. Filing and pleading requirements; withdrawal.
  6. 20.1405Rule 1405. Disposition.
  7. 20.1406Rule 1406. Effect of revision; discontinuance or reduction of benefits.
  8. 20.1407Rule 1407. Motions by the Board.
  9. 20.1408Rule 1408. Special rules for simultaneously contested claims.
  10. 20.1409Rule 1409. Finality and appeal.
  11. 20.1410Rule 1410. Stays pending court action.
  12. 20.1411Rule 1411. Relationship to other statutes.
  13. 20.1412-20.1499Reserved

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