# 38 C.F.R. § 19.50 (2026): Who can file an appeal

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_50

## Section

- **Citation:** 38 C.F.R. § 19.50 (2026)
- **Heading:** Who can file an appeal
- **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 C: Claimant Action in a Legacy Appeal / § 19.50: § 19.50   Who can file an appeal.

## Text

(a)
Persons authorized.
A Notice of Disagreement and/or a Substantive Appeal may be filed by a claimant personally, or by his or her representative if a proper Power of Attorney or declaration of representation, as applicable, is on record or accompanies such Notice of Disagreement or Substantive Appeal.
(b)
Claimant rated incompetent by Department of Veterans Affairs or under disability and unable to file.
If an appeal is not filed by a person listed in paragraph (a) of this section, and the claimant is rated incompetent by the Department of Veterans Affairs or has a physical, mental, or legal disability which prevents the filing of an appeal on his or her own behalf, a Notice of Disagreement and a Substantive Appeal may be filed by a fiduciary appointed to manage the claimant's affairs by the Department of Veterans Affairs or a court, or by a person acting as next friend if the appointed fiduciary fails to take needed action or no fiduciary has been appointed.
(c)
Claimant under disability and able to file.
Notwithstanding the fact that a fiduciary may have been appointed for a claimant, an appeal filed by a claimant will be accepted.
(Authority: 38 U.S.C. 7105(b)(2) (2016))
[57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019]

## Nearby sections

- [38 C.F.R. § 19.50 (2026) § 19.50   Who can file an appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_50.md)
- [38 C.F.R. § 19.51 (2026) § 19.51   Place of filing Notice of Disagreement and Substantive Appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_51.md)
- [38 C.F.R. § 19.52 (2026) § 19.52   Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_52.md)
- [38 C.F.R. § 19.53 (2026) § 19.53   Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_53.md)
- [38 C.F.R. § 19.54 (2026) § 19.54   Filing additional evidence does not extend time limit for appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_54.md)
- [38 C.F.R. § 19.55 (2026) § 19.55   Withdrawal of Appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_55.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P19_S19_50. Check the current official text before relying on it. Not legal advice.