# 38 C.F.R. § 19.37 (2026): Consideration of additional evidence received by the agency of original jurisdiction after an appeal has been initiated > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_37 ## Section - **Citation:** 38 C.F.R. § 19.37 (2026) - **Heading:** Consideration of additional evidence received by the agency of original jurisdiction after an appeal has been initiated - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 38 CFR: Pensions, Bonuses, and Veterans' Relief / Chapter I: DEPARTMENT OF VETERANS AFFAIRS / Part 19: BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS / Subpart B: Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction / § 19.37: § 19.37 Consideration of additional evidence received by the agency of original jurisdiction after an appeal has been initiated. ## Text (a) Evidence received prior to transfer of records to Board of Veterans' Appeals. Evidence received by the agency of original jurisdiction prior to transfer of the records to the Board of Veterans' Appeals after an appeal has been initiated (including evidence received after certification has been completed) will be referred to the appropriate rating or authorization activity for review and disposition. If the Statement of the Case and any prior Supplemental Statements of the Case were prepared before the receipt of the additional evidence, a Supplemental Statement of the Case will be furnished to the appellant and his or her representative as provided in § 19.31 of this part, unless the additional evidence received duplicates evidence previously of record which was discussed in the Statement of the Case or a prior Supplemental Statement of the Case or the additional evidence is not relevant to the issue, or issues, on appeal. (b) Evidence received after transfer of records to the Board of Veterans' Appeals. Additional evidence received by the agency of original jurisdiction after the records have been transferred to the Board of Veterans' Appeals for appellate consideration will be forwarded to the Board if it has a bearing on the appellate issue or issues. The Board will then determine what action is required with respect to the additional evidence. (c) The provisions of this section do not apply in proceedings before the General Counsel conducted under part 14 of this chapter to cancel accreditation or to review fee agreements and expenses for reasonableness. (Authority: 38 U.S.C. 5902, 5903, 5904; 38 U.S.C. 7105(d)(1) (2016)) [57 FR 4104, Feb. 3, 1992, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019] ## Nearby sections - [38 C.F.R. § 19.20 (2026) § 19.20 What constitutes an appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_20.md) - [38 C.F.R. § 19.21 (2026) § 19.21 Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_21.md) - [38 C.F.R. § 19.22 (2026) § 19.22 Substantive Appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_22.md) - [38 C.F.R. § 19.23 (2026) § 19.23 Applicability of provisions concerning Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_23.md) - [38 C.F.R. § 19.24 (2026) § 19.24 Action by agency of original jurisdiction on Notice of Disagreement required to be filed on a standardized form.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_24.md) - [38 C.F.R. § 19.25 (2026) § 19.25 Notification by agency of original jurisdiction of right to appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_25.md) - [38 C.F.R. § 19.26 (2026) § 19.26 Action by agency of original jurisdiction on Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_26.md) - [38 C.F.R. § 19.28 (2026) § 19.28 Determination that a Notice of Disagreement is inadequate protested by claimant or representative.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_28.md) - [38 C.F.R. § 19.29 (2026) § 19.29 Statement of the Case.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_29.md) - [38 C.F.R. § 19.30 (2026) § 19.30 Furnishing the Statement of the Case and instructions for filing a Substantive Appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_30.md) - [38 C.F.R. § 19.31 (2026) § 19.31 Supplemental statement of the case.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_31.md) - [38 C.F.R. § 19.32 (2026) § 19.32 Closing of appeal for failure to respond to Statement of the Case.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_32.md) - [38 C.F.R. § 19.34 (2026) § 19.34 Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_34.md) - [38 C.F.R. § 19.35 (2026) § 19.35 Certification of appeals.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_35.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_37. Check the current official text before relying on it. Not legal advice.