38 CFR 20.1105 - Rule 1105. Supplemental claim after promulgation of appellate decision.

Regulations last checked for updates: Jan 18, 2025

Title 38 - Pensions, Bonuses, and Veterans' Relief last revised: Jan 16, 2025

View all text of Subpart L [§ 20.1100 - § 20.1199]

§ 20.1105 - Rule 1105. Supplemental claim after promulgation of appellate decision.

(a) After an appellate decision has been promulgated on a claim, a claimant may file a supplemental claim with the agency of original jurisdiction by submitting the prescribed form with new and relevant evidence related to the previously adjudicated claim as set forth in § 3.2601 of this chapter, except in cases involving simultaneously contested claims under Subpart E of this part.

(Authority: 38 U.S.C. 5108,7104. For legacy appeals as defined in § 19.2 of this chapter, where prior to the effective date described in Rule 4 (§ 20.4), an appellant requested that a claim be reopened after an appellate decision has been promulgated and submitted evidence in support thereof, a determination as to whether such evidence is new and material must be made and, if it is, as to whether it provides a basis for allowing the claim. An adverse determination as to either question is appealable.

(Authority: 38 U.S.C. 5108,7104,Jan. 18, 2019]

authority: 38 U.S.C. 501(a) and as noted in specific sections

source: 57 FR 4109, Feb. 3, 1992, unless otherwise noted.

cite as: 38 CFR 20.1105