# 38 C.F.R. § 20.715 (2026): Rule 715. Loss of hearing recordings or transcripts—request for new hearing > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_715 ## Section - **Citation:** 38 C.F.R. § 20.715 (2026) - **Heading:** Rule 715. Loss of hearing recordings or transcripts—request for new hearing - **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 H: Hearings on Appeal / § 20.715: § 20.715 Rule 715. Loss of hearing recordings or transcripts—request for new hearing. ## Text (a) Notification. (1) The Board must notify the appellant and his or her representative in writing in the event the Board discovers that a Board hearing has not been recorded in whole or in part due to equipment failure or other cause, or the official transcript of the hearing is lost or destroyed and the recording upon which it was based is no longer available. The notice must provide the appellant with a choice of either of the following options: (i) Appear at a new Board hearing, pursuant to Rules 703 and 704 (§§ 20.703 and 20.704) for appeals or Rules 602 and 603 (§§ 20.602 and 20.603) for legacy appeals, as defined in § 19.2 of this chapter; or (ii) Have the Board proceed to appellate review of the appeal based on the evidence of record. (2) The notice will inform the appellant that he or she has a period of 30 days to respond to the notice. If the appellant does not respond by requesting a new hearing within 30 days from the date of the mailing of the notice, then the Board will decide the appeal on the basis of the evidence of record. A request for a new Board hearing will not be accepted once the Board has issued a decision on the appeal. (b) Board decision issued prior to a loss of the recording or transcript. The Board will not accept a request for a new Board hearing under this section if a Board decision was issued on an appeal prior to the loss of the recording or transcript of a Board hearing, and the Board decision considered testimony provided at that Board hearing. (Authority: 38 U.S.C. 7102, 7105(a), 7107) [84 FR 188, Jan. 18, 2019] ## Nearby sections - [38 C.F.R. § 20.700 (2026) § 20.700 Rule 700. General.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_700.md) - [38 C.F.R. § 20.701 (2026) § 20.701 Rule 701. Who may present oral argument.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_701.md) - [38 C.F.R. § 20.702 (2026) § 20.702 Rule 702. Methods by which hearings are conducted.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_702.md) - [38 C.F.R. § 20.703 (2026) § 20.703 Rule 703. When a hearing before the Board of Veterans' Appeals may be requested; procedure for requesting a change in method of hearing.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_703.md) - [38 C.F.R. § 20.704 (2026) § 20.704 Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_704.md) - [38 C.F.R. § 20.705 (2026) § 20.705 Rule 705. Functions of the presiding Member.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_705.md) - [38 C.F.R. § 20.706 (2026) § 20.706 Rule 706. Designation of Member or Members to conduct the hearing.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_706.md) - [38 C.F.R. § 20.707 (2026) § 20.707 Rule 707. Prehearing conference.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_707.md) - [38 C.F.R. § 20.708 (2026) § 20.708 Rule 708. Witness at hearings.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_708.md) - [38 C.F.R. § 20.709 (2026) § 20.709 Rule 709. Subpoenas.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_709.md) - [38 C.F.R. § 20.710 (2026) § 20.710 Rule 710. Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_710.md) - [38 C.F.R. § 20.711 (2026) § 20.711 Rule 711. Hearings in simultaneously contested claims.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_711.md) - [38 C.F.R. § 20.712 (2026) § 20.712 Rule 712. Record of hearing.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_712.md) - [38 C.F.R. § 20.713 (2026) § 20.713 Rule 713. Recording of hearing by appellant or representative.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_713.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_715. Check the current official text before relying on it. Not legal advice.