[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: 38CFR20.400]

[Page 78-79]
 
            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 E--Administrative Appeals
 
Sec. 20.400  Rule 400. Action by claimant or representative on notification 
of administrative appeal.


    When an official of the Department of Veterans Affairs enters an 
administrative appeal, the claimant and his or her representative, if 
any, are notified and given a period of 60 days from the date of mailing 
of the letter of notification to join in the administrative appeal. The 
date of mailing of the letter of notification will be presumed to be the 
same as the date of the letter of notification. If the claimant, or the 
representative acting on his or her behalf, elects to join in the 
administrative appeal, it becomes a ``merged appeal'' and the rules 
governing an appeal initiated by a claimant are for application. The 
presentation of evidence or argument by the claimant or his or her 
representative in response to notification of the right to join in the 
administrative appeal will be construed as an election to

[[Page 79]]

join in the administrative appeal. If the claimant does not authorize 
the merger, he or she must hold such evidence or argument in abeyance 
until resolution of the administrative appeal.

(Authority: 38 U.S.C. 7106)