Board of Veterans' Appeals: Obtaining Evidence and Curing Procedural Defects Without Remanding
VA · va-other · Published 2002-01-23 · Effective 2002-02-22 · 67 FR 3099
Document
Document number
02-1536
Federal Register citation
67 FR 3099
CFR reference
38 CFR 19
Type
Rule
Action
Final rule.
Category
va-other
Agency
US Department of Veterans Affairs
Publication date
2002-01-23
Effective date
2002-02-22
Abstract
This document amends the Appeals Regulations and Rules of Practice of the Board of Veterans' Appeals (Board) to permit the Board to obtain evidence, clarify the evidence, cure a procedural defect, or perform any other action essential for a proper appellate decision in any appeal properly before it without having to remand the appeal to the agency of original jurisdiction. It also allows the Board to consider additional evidence without having to refer the evidence to the agency of original jurisdiction for initial consideration and without having to obtain the appellant's waiver. By reducing the number of appeals remanded, VA intends to shorten appeal processing time and to reduce the backlog of claims awaiting decision.