[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: 38CFR20.501]

[Page 79-80]
 
            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 F--Simultaneously Contested Claims
 
Sec. 20.501  Rule 501. Time limits for filing Notice of Disagreement, 
Substantive Appeal, and response to Supplemental Statement of the Case in 
simultaneously 
          contested claims.

    (a) Notice of Disagreement. In simultaneously contested claims, the 
Notice of Disagreement from the person adversely affected must be filed 
within 60 days from the date of mailing of the notification of the 
determination to him or her; otherwise, that determination will become 
final. The date of mailing of the letter of notification will be 
presumed to be the same as the date of that letter for purposes of 
determining whether a Notice of Disagreement has been timely filed.


(Authority: 38 U.S.C. 7105A(a))

    (b) Substantive Appeal. In the case of simultaneously contested 
claims, a Substantive Appeal must be filed within 30 days from the date 
of mailing of the Statement of the Case. The date of mailing of the 
Statement of the Case will be presumed to be the same as the date of the 
Statement of the Case for purposes of determining whether an appeal has 
been timely filed.


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

    (c) Supplemental Statement of the Case. Where a Supplemental 
Statement of the Case is furnished by the agency of original 
jurisdiction in a simultaneously contested claim, a period of 30 days 
from the date of mailing of the Supplemental Statement of the Case will 
be allowed for response, but the receipt of a Supplemental Statement of 
the Case will not extend the time allowed for filing a Substantive 
Appeal as set forth in paragraph (b) of this section. The date of 
mailing of the Supplemental Statement of the Case will be presumed to be 
the same as the date of the Supplemental Statement of the Case for 
purposes of determining whether a response has been timely filed. 
Provided a Substantive Appeal has been timely filed in accordance with 
paragraph (b) of this section, the

[[Page 80]]

response to a Supplemental Statement of the Case is optional and is not 
required for the perfection of an appeal, unless the Supplemental 
Statement of the Case covers issues that were not included in the 
original Statement of the Case. If a Supplemental Statement of the Case 
covers issues that were not included in the original Statement of the 
Case, a Substantive Appeal must be filed with respect to those issues 
within 30 days of the date of mailing of the Supplemental Statement of 
the Case in order to perfect an appeal with respect to the additional 
issues.


(Authority: 38 U.S.C. 7105(d)(3), 7105A(b))