[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: 38CFR20.714]

[Page 96-97]
 
            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. 20.714  Rule 714. Record of hearing.

    (a) Board of Veterans' Appeals. A hearing before a Member or panel 
of Members of the Board, whether held in Washington, DC, or at a 
Department of Veterans Affairs field facility, will be recorded on audio 
tape. In those instances where a complete written transcript is 
prepared, that transcript will be the official record of the hearing and 
the tape recording will be retained at the Board for a period of 12 
months following the date of the hearing as a duplicate record of the 
hearing. Tape recordings of hearings that have not been transcribed will 
be maintained by the Board as the official record of hearings and 
retained in accordance with retention standards approved by the National 
Archives and Records Administration. A transcript will be prepared and 
incorporated as a part of the claims folder, loan guaranty folder, or 
other applicable Department of Veterans Affairs records folder if one or 
more of the following conditions have been met:
    (1) The appellant or representative has shown good cause why such a 
written transcript should be prepared. (The presiding Member will 
determine whether good cause has been shown. Requests that recordings of 
hearing proceedings be transcribed may be made orally at the time of the 
hearing. Requests made subsequent to the hearing must be in writing and 
must explain why transcription is necessary. They must be filed with: 
Director, Management and Administration (01E), Board of Veterans' 
Appeals, 810 Vermont Avenue, NW., Washington, DC 20420.)
    (2) Testimony and/or argument has been presented at the hearing 
pertaining to an issue which is to be remanded to the agency of original 
jurisdiction for further development or an issue which is not in 
appellate status which is to be referred to the agency of original 
jurisdiction for consideration.
    (3) The hearing involves an issue relating to National Service Life 
Insurance or United States Government Life Insurance.
    (4) With respect to hearings conducted by a Member or Members of the 
Board at a Department of Veterans Affairs field facility :
    (i) An issue on appeal involves radiation, Agent Orange, or asbestos 
exposure;
    (ii) The appeal involves reconsideration of a prior Board of 
Veterans' Appeals decision on the same issue; or
    (5) The Board's decision on an issue addressed at the hearing has 
been appealed to the United States Court of Appeals for Veterans Claims.

[[Page 97]]

    (b) Copy of hearing tape recording or written transcript. One copy 
of the tape recording of hearing proceedings before the Board of 
Veterans' Appeals, or the written transcript of such proceedings when 
such a transcript has been prepared in accordance with the provisions of 
paragraph (a) of this section, shall be furnished without cost to the 
appellant or representative if a request is made in accordance with 
Sec. 1.577 of this chapter.

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

[57 FR 4109, Feb. 3, 1992, as amended at 58 FR 27936, May 12, 1993; 61 
FR 20452, May 7, 1996; 65 FR 14472, Mar. 17, 2000]