[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: 38CFR20.608]

[Page 84-85]
 
            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 G--Representation
 
Sec. 20.608  Rule 608. Withdrawal of services by a representative.

    (a) Withdrawal of services prior to certification of an appeal. A 
representative may withdraw services as representative in an appeal at 
any time prior to certification of the appeal to the Board of Veterans' 
Appeals by the agency of original jurisdiction. The representative must 
give written notice of such withdrawal to the appellant and to the 
agency of original jurisdiction. The withdrawal is effective when notice 
of the withdrawal is received by the agency of original jurisdiction.
    (b) Withdrawal of services after certification of an appeal--(1) 
Applicability. The restrictions on a representative's right to withdraw 
contained in this paragraph apply only to those cases in which the 
representative has previously agreed to act as representative in an 
appeal. In addition to express agreement, orally or in writing, such 
agreement shall be presumed if the representative makes an appearance in 
the case by acting on an appellant's behalf before the Board in any way 
after the appellant has designated the representative as such as 
provided in Secs. 20.602 through 20.605 of this part. The preceding 
sentence notwithstanding, an appearance in an appeal solely to notify 
the Board that a designation of representation has not been accepted 
will not be presumed to constitute such consent.
    (2) Procedures. After the agency of original jurisdiction has 
certified an appeal to the Board of Veterans' Appeals, a representative 
may not withdraw services as representative in the appeal unless good 
cause is shown on motion. Good cause for such purposes is the extended 
illness or incapacitation of an agent admitted to practice before the 
Department of Veterans Affairs, an attorney-at-law, or other individual 
representative; failure of the appellant to cooperate with proper 
preparation and presentation of the appeal; or other factors which make 
the continuation of representation impossible, impractical, or 
unethical. Such motions must be in writing and must include the name of 
the veteran, the name of the claimant or appellant if other than the 
veteran (e.g., a veteran's survivor, a guardian, or a fiduciary 
appointed to receive VA benefits on an individual's behalf), the 
applicable Department of Veterans Affairs file number, and the reason 
why withdrawal should be permitted. Such motions should not contain 
information which would violate privileged communications or which would 
otherwise be unethical to reveal. Such motions must be filed at the 
following address: Office of the Senior Deputy Vice Chairman (012), 
Board of Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 
20420. The representative must mail a copy of the motion to the 
appellant, with a return receipt requested. The receipt, which must bear 
the signature of the appellant, must then be filed with the Board at the 
same address as proof

[[Page 85]]

of service of the motion. The appellant may file a response to the 
motion with the Board at the same address not later than 30 days 
following receipt of the copy of the motion. The appellant must mail a 
copy of any such response to the representative, with a return receipt 
requested. The receipt, which must bear the signature of the 
representative or an employee of the representative, must then be filed 
with the Board at the same address as proof of service of the response.

(Authority: 38 U.S.C. 5901-5904, 7105(a))

(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]