[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: 38CFR19.9]

[Page 63]
 
            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 A--Operation of the Board of Veterans' Appeals
 
Sec. 19.9  Further development.

    (a) General. If further evidence, clarification of the evidence, 
correction of a procedural defect, or any other action is essential for 
a proper appellate decision, a Board Member or panel of Members may:
    (1) Remand the case to the agency of original jurisdiction, 
specifying the action to be undertaken; or
    (2) Direct Board personnel to undertake the action essential for a 
proper appellate decision.
    (i) Any such action shall comply with the provisions of 
Sec. 3.159(a) and (c)-(f) of this chapter (relating to VA's assistance 
to claimants in developing claims).
    (ii) If the Board undertakes to provide the notice required by 38 
U.S.C. 5103(a) and/or Sec. 3.159(b)(1) of this chapter, the appellant 
shall have not less than 30 days to respond to the notice. If, following 
the notice, the Board denies a benefit sought in the pending appeal and 
the appellant submits relevant evidence after the Board's decision but 
before the expiration of one year following the notice, that evidence 
shall be referred to the agency of original jurisdiction. If any 
evidence so referred, together with the evidence already of record, is 
subsequently found to be the basis of an allowance of that benefit, the 
award's effective date will be the same as if the Board had granted the 
benefit in the appeal pending when the notice was provided.
    (b) Examples. A remand to the agency of original jurisdiction is not 
necessary:
    (1) To clarify a procedural matter before the Board, including the 
appellant's choice of representative before the Board, the issues on 
appeal, and requests for a hearing before the Board; or
    (2) For the Board to consider an appeal in light of law, including 
but not limited to statute, regulation, or court decision, not already 
considered by the agency of original jurisdiction.
    (c) Scope. This section does not apply to:
    (1) The Board's request for an opinion under Rule 901 (Sec. 20.901 
of this chapter);
    (2) The Board's supplementation of the record with a recognized 
medical treatise; and
    (3) Matters over which the Board has original jurisdiction described 
in Rules 609 and 610 (Secs. 20.609 and 20.610 of this chapter).

(Authority: 38 U.S.C. 7102, 7103(c), 7104(a)).

[67 FR 3104, Jan. 23, 2002]