Rules of Practice: Waiver of Consideration of Evidence by Agency of Original Jurisdiction
VA · va-other · Published 1995-05-15 · Effective 1995-05-15 · 60 FR 25850
Document
Document number
95-11888
Federal Register citation
60 FR 25850
CFR reference
38 CFR 20
Type
Rule
Action
Final rule.
Category
va-other
Agency
US Department of Veterans Affairs
Publication date
1995-05-15
Effective date
1995-05-15
Abstract
This document amends the Rules of Practice of the Board of [[Page 25851]] Veterans' Appeals (Board) with respect to evidence accepted by the Board after transfer of the record to the Board to specify that an appellant's representative may waive the right to have such evidence referred to the agency of original jurisdiction. This amendment is necessary because there has been confusion as to whether such a waiver may only be made by an appellant. This amendment is intended to provide clarification and to be consistent with general principles permitting use of representatives by VA claimants. Also, this amendment will help expedite the handling of appeals.