[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR19.31]

[Page 65-66]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS--Table of Contents
 
    Subpart B--Appeals Processing by Agency of Original Jurisdiction
 
Sec. 19.31  Supplemental statement of the case.

    (a) Purpose and limitations. A ``Supplemental Statement of the 
Case,'' so identified, is a document prepared by the agency of original 
jurisdiction to inform the appellant of any material changes in, or 
additions to, the information included in the Statement of the Case or 
any prior Supplemental Statement of the Case. In no case will a 
Supplemental Statement of the Case be used to announce decisions by the 
agency of original jurisdiction on issues not previously addressed in 
the Statement of the Case, or to respond to a notice of disagreement on 
newly appealed issues that were not addressed in the Statement of the 
Case. The agency of original jurisdiction will respond to notices of 
disagreement on newly appealed issues not addressed in the Statement of 
the Case using the procedures in Secs. 19.29 and 19.30 of this part 
(relating to statements of the case).
    (b) When furnished. The agency of original jurisdiction will furnish 
the appellant and his or her representative, if any, a Supplemental 
Statement of the Case if:
    (1) The agency of original jurisdiction receives additional 
pertinent evidence after a Statement of the Case or the most recent 
Supplemental Statement of the Case has been issued and before the appeal 
is certified to the Board of Veterans' Appeals and the appellate record 
is transferred to the Board;
    (2) A material defect in the Statement of the Case or a prior 
Supplemental statement of the Case is discovered; or

[[Page 66]]

    (3) For any other reason the Statement of the Case or a prior 
Supplemental Statement of the Case is inadequate.
    (c) Pursuant to remand from the Board. The agency of original 
jurisdiction will issue a Supplemental Statement of the Case if, 
pursuant to a remand by the Board, it develops the evidence or cures a 
procedural defect, unless:
    (1) The only purpose of the remand is to assemble records previously 
considered by the agency of original jurisdiction and properly discussed 
in a prior Statement of the Case or Supplemental Statement of the Case; 
or
    (2) The Board specifies in the remand that a Supplemental Statement 
of the Case is not required.

(Authority: 38 U.S.C. 7105(d)).

[67 FR 3104, Jan. 23, 2002]