[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: 38CFR20.700]

[Page 89-90]
 
            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 H--Hearings on Appeal
 
Sec. 20.700  Rule 700. General.


    (a) Right to a hearing. A hearing on appeal will be granted if an 
appellant, or an appellant's representative acting on his or her behalf, 
expresses a desire to appear in person.
    (b) Purpose of hearing. The purpose of a hearing is to receive 
argument and testimony relevant and material to the appellate issue. It 
is contemplated that the appellant and witnesses, if any, will be 
present. A hearing will not normally be scheduled solely for the purpose 
of receiving argument by a representative. Such argument should be 
submitted in the form of a written brief. Oral argument may also be 
submitted on audio cassette for transcription for the record in 
accordance with paragraph (d) of this section. Requests for appearances 
by representatives alone to personally present argument to Members of 
the Board may be granted if good cause is shown. Whether good cause has 
been shown will be determined by the presiding Member assigned to 
conduct the hearing.
    (c) Nonadversarial proceedings. Hearings conducted by the Board are 
ex parte in nature and nonadversarial. Parties to the hearing will be 
permitted to ask questions, including follow-up questions, of all 
witnesses but cross-examination will not be permitted. Proceedings will 
not be limited by legal rules of evidence, but reasonable bounds of 
relevancy and materiality will be maintained. The presiding Member may 
set reasonable time limits for the presentation of argument and may 
exclude documentary evidence, testimony, and/or argument which is not 
relevant or material to the issue, or issues, being considered or which 
is unduly repetitious.
    (d) Informal hearings. This term is used to describe situations in 
which the appellant cannot, or does not wish to, appear. In the absence 
of the appellant, the authorized representative may present oral 
arguments, not exceeding 30 minutes in length, to the

[[Page 90]]

Board on an audio cassette without personally appearing before the Board 
of Veterans Appeals. These arguments will be transcribed by Board 
personnel for subsequent review by the Member or Members to whom the 
appeal has been assigned for a determination. This procedure will not be 
construed to satisfy an appellant's request to appear in person.
    (e) Electronic hearings. When suitable facilities and equipment are 
available, an appellant may be scheduled for an electronic hearing. Any 
such hearing will be in lieu of a hearing held by personally appearing 
before a Member or panel of Members of the Board and shall be conducted 
in the same manner as, and considered the equivalent of, such a hearing. 
If an appellant declines to participate in an electronic hearing, the 
appellant's opportunity to participate in a hearing before the Board 
shall not be affected.

(Authority: 38 U.S.C. 7102, 7105(a), 7107)

[57 FR 4109, Feb. 3, 1992, as amended at 58 FR 27935, May 12, 1993; 61 
FR 20450, May 7, 1996]