# 38 C.F.R. § 20.1302 (2026): Rule 1302. Death of appellant during pendency of appeal before the Board

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1302

## Section

- **Citation:** 38 C.F.R. § 20.1302 (2026)
- **Heading:** Rule 1302. Death of appellant during pendency of appeal before the Board
- **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 20: BOARD OF VETERANS' APPEALS: RULES OF PRACTICE / Subpart N: Miscellaneous / § 20.1302: § 20.1302   Rule 1302. Death of appellant during pendency of appeal before the Board.

## Text

(a)
General.
An appeal pending before the Board of Veterans' Appeals when the appellant dies will be dismissed without prejudice. A person eligible for substitution under § 3.1010 of this chapter may file with the agency of original jurisdiction a request to substitute for the deceased appellant. If the agency of original jurisdiction grants the request to substitute, the case will assume its original place on the docket pursuant to Rule 800, paragraph (f) (§ 20.800(f)) or, for legacy appeals, Rule 902, paragraph (a)(2) (§ 20.902(a)(2)). If the agency of original jurisdiction denies the request to substitute and the person requesting to substitute appeals that decision to the Board, the appeal regarding eligibility to substitute will assume the same place on the docket as the original claim pursuant to Rule 800, paragraph (f) (§ 20.800(f)) or, for legacy appeals, Rule 902, paragraph (a)(2) (§ 20.902(a)(2)).
(b)
Exception.
(1) If a hearing request is pending pursuant to Rule 704 (§ 20.704) when the appellant dies, the agency of original jurisdiction may take action on a request to substitute without regard to whether the pending appeal has been dismissed by the Board, if the request is submitted in accordance with § 3.1010 of this chapter.
(2) If the agency of original jurisdiction grants the request to substitute, the Board of Veterans' Appeals can then take the testimony of the substitute at a hearing held pursuant to Rules 700 through 717 (§§ 20.700 through 20.717). If the substitute desires representation at the hearing, he or she must appoint a representative prior to the hearing pursuant to § 14.631(g) of this chapter.
(Authority: 38 U.S.C. 5121A, 7104(a)).
[79 FR 52984, Sept. 5, 2014, as amended at 84 FR 191, Jan. 18, 2019]

## Nearby sections

- [38 C.F.R. § 20.1300 (2026) § 20.1300   Rule 1300. Removal of Board records.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1300.md)
- [38 C.F.R. § 20.1301 (2026) § 20.1301   Rule 1301. Disclosure of information.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1301.md)
- [38 C.F.R. § 20.1302 (2026) § 20.1302   Rule 1302. Death of appellant during pendency of appeal before the Board.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1302.md)
- [38 C.F.R. § 20.1303 (2026) § 20.1303   Rule 1303. Nonprecedential nature of Board decisions.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1303.md)
- [38 C.F.R. § 20.1304 (2026) § 20.1304   Rule 1304. Request for a change in representation.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1304.md)
- [38 C.F.R. § 20.1305 (2026) § 20.1305   Rule 1305. Procedures for legacy appellants to request a change in representation, personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1305.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1302. Check the current official text before relying on it. Not legal advice.