[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: 38CFR20.301]

[Page 76-77]
 
            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 D--Filing
 
Sec. 20.301  Rule 301. Who can file an appeal.

    (a) Persons authorized. A Notice of Disagreement and/or a 
Substantive Appeal may be filed by a claimant personally, or by his or 
her representative if a proper Power of Attorney or declaration of 
representation, as applicable, is on record or accompanies such Notice 
of Disagreement or Substantive Appeal.
    (b) Claimant rated incompetent by Department of Veterans Affairs or 
under disability and unable to file. If an appeal is not filed by a 
person listed in paragraph (a) of this section, and the claimant is 
rated incompetent by the Department of Veterans Affairs or has a 
physical, mental, or legal disability which prevents the filing of an 
appeal on his or her own behalf, a Notice of

[[Page 77]]

Disagreement and a Substantive Appeal may be filed by a fiduciary 
appointed to manage the claimant's affairs by the Department of Veterans 
Affairs or a court, or by a person acting as next friend if the 
appointed fiduciary fails to take needed action or no fiduciary has been 
appointed.
    (c) Claimant under disability and able to file. Notwithstanding the 
fact that a fiduciary may have been appointed for a claimant, an appeal 
filed by a claimant will be accepted.

(Authority: 38 U.S.C. 7105(b)(2))