[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: 38CFR19.38]

[Page 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. 19.38  Action by agency of original jurisdiction when remand received.

    When a case is remanded by the Board of Veterans' Appeals, the 
agency of original jurisdiction will complete the additional development 
of the evidence or procedural development required. Following completion 
of the development, the case will be reviewed to determine whether the 
additional development, together with the evidence which was previously 
of record, supports the allowance of all benefits sought on appeal. If 
so, the Board and the appellant and his or her representative, if any, 
will be promptly informed. If any benefits sought on appeal remain 
denied following this review, the agency of original jurisdiction will 
issue a Supplemental Statement of the Case concerning the additional 
development pertaining to those issues in accordance with the provisions 
of Sec. 19.31 of this part. Following the 60-day period allowed for a 
response to the Supplemental Statement of the Case pursuant to Rule of 
Practice 302, paragraph (c) (Sec. 20.302(c) of this chapter), the case 
will be returned to the Board for further appellate processing unless 
the appeal is withdrawn or review of the response to the Supplemental 
Statement of the Case results in the allowance of all benefits sought on 
appeal. Remanded cases will not be closed for failure to respond to the 
Supplemental Statement of the Case.

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