[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: 38CFR20.202]

[Page 75-76]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents
 
            Subpart C--Commencement and Perfection of Appeal
 
Sec. 20.202  Rule 202. Substantive Appeal.

    A Substantive Appeal consists of a properly completed VA Form 9, 
``Appeal to Board of Veterans' Appeals,'' or correspondence containing 
the necessary information. If the Statement of the Case and any prior 
Supplemental Statements of the Case addressed several issues, the 
Substantive Appeal must either indicate that the appeal is being 
perfected as to all of those issues or must specifically identify the 
issues appealed. The Substantive Appeal should set out specific 
arguments relating to errors of fact or law made by the agency of 
original jurisdiction in reaching the determination, or determinations, 
being appealed. To the extent feasible, the argument should be related 
to specific items in the Statement of the Case and any prior 
Supplemental Statements of the Case. The Board will construe such 
arguments in a liberal manner for purposes of determining whether they 
raise issues on appeal, but the Board may dismiss any appeal which fails 
to allege specific error of fact or law in the determination, or 
determinations, being appealed. The Board will not presume that an 
appellant agrees with any statement of fact contained in a Statement of 
the Case or a Supplemental Statement of the Case which is not 
specifically contested. Proper completion and filing of a Substantive 
Appeal are

[[Page 76]]

the last actions the appellant needs to take to perfect an appeal.

(Authority: 38 U.S.C. 7105(d)(3)-(5))

(Approved by the Office of Management and Budget under control number 
2900-0085)

[57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20450, May 7, 1996]