[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: 38CFR19.37]

[Page 66-67]
 
            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. 19.37  Consideration of additional evidence received by the agency of 
original jurisdiction after an appeal has been initiated.

    (a) Evidence received prior to transfer of records to Board of 
Veterans' Appeals. Evidence received by the agency of original 
jurisdiction prior to transfer of the records to the Board of Veterans' 
Appeals after an appeal has been initiated (including evidence received 
after certification has been completed) will be referred to the 
appropriate rating or authorization activity for review and disposition. 
If the Statement of the Case and any prior Supplemental Statements of 
the Case were prepared

[[Page 67]]

before the receipt of the additional evidence, a Supplemental Statement 
of the Case will be furnished to the appellant and his or her 
representative as provided in Sec. 19.31 of this part, unless the 
additional evidence received duplicates evidence previously of record 
which was discussed in the Statement of the Case or a prior Supplemental 
Statement of the Case or the additional evidence is not relevant to the 
issue, or issues, on appeal.
    (b) Evidence received after transfer of records to the Board of 
Veterans' Appeals. Additional evidence received by the agency of 
original jurisdiction after the records have been transferred to the 
Board of Veterans' Appeals for appellate consideration will be forwarded 
to the Board if it has a bearing on the appellate issue or issues. The 
Board will then determine what action is required with respect to the 
additional evidence.

(Authority: 38 U.S.C. 7105(d)(1))