# 38 C.F.R. § 20.902 (2026): Rule 902. Order of consideration of appeals > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_902 ## Section - **Citation:** 38 C.F.R. § 20.902 (2026) - **Heading:** Rule 902. Order of consideration of appeals - **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 J: Action by the Board in Legacy Appeals / § 20.902: § 20.902 Rule 902. Order of consideration of appeals. ## Text (a) Docketing of appeals. Applications for review on appeal are docketed in the order in which they are received. (1) A case returned to the Board following action pursuant to a remand assumes its original place on the docket. (2) A case returned to the Board following the grant of a substitution request or pursuant to an appeal of a denial of a substitution request assumes the same place on the docket held by the deceased appellant at the time of his or her death. Pursuant to paragraph (c) of this section, if the deceased appellant's case was advanced on the docket prior to his or her death, the substitute will receive the benefit of the advanced placement. (b) Appeals considered in docket order. Except as otherwise provided in this Rule, appeals are considered in the order in which they are entered on the docket. (c) Advancement on the docket —(1) Grounds for advancement. A case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party's representative. Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims, if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. “Other sufficient cause” shall include, but is not limited to, administrative error resulting in a significant delay in docketing the case, administrative necessity, or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party's representative. but is not limited to, administrative error resulting in a significant delay in docketing the case, administrative necessity, or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party's representative. (2) Requirements for motions. Motions for advancement on the docket must be in writing and must identify the specific reason(s) why advancement on the docket is sought, the name of the veteran, the name of the appellant if other than the veteran (e.g., a veteran's survivor, a guardian, a substitute appellant, or a fiduciary appointed to receive VA benefits on an individual's behalf), and the applicable Department of Veterans Affairs file number. The motion must be filed with: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. (3) Disposition of motions. If a motion is received prior to the assignment of the case to an individual member or panel of members, the ruling on the motion will be by the Vice Chairman, who may delegate such authority to a Deputy Vice Chairman. If a motion to advance a case on the docket is denied, the appellant and his or her representative will be immediately notified. If the motion to advance a case on the docket is granted, that fact will be noted in the Board's decision when rendered. (d) Consideration of appeals remanded by the United States Court of Appeals for Veterans Claims. A case remanded by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action will be treated expeditiously by the Board without regard to its place on the Board's docket. (Authority: Sec. 302, Pub. L. 103-446; 108 Stat. 4645) s decision when rendered. (d) Consideration of appeals remanded by the United States Court of Appeals for Veterans Claims. A case remanded by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action will be treated expeditiously by the Board without regard to its place on the Board's docket. (Authority: Sec. 302, Pub. L. 103-446; 108 Stat. 4645) (e) Postponement to provide hearing. Any other provision of this Rule notwithstanding, a case may be postponed for later consideration and determination if such postponement is necessary to afford the appellant a hearing. (Authority: 38 U.S.C. 5121A, 7107; 38 U.S.C. 7107 (2016)) [57 FR 4109, Feb. 3, 1992, as amended at 60 FR 51923, Oct. 4, 1995; 61 FR 20453, May 7, 1996; 65 FR 14472, Mar. 17, 2000; 68 FR 53683, Sept. 12, 2003; 79 FR 52984, Sept. 5, 2014; 81 FR 32650, May 24, 2016. Redesignated and amended at 84 FR 190, Jan. 18, 2019] ## Nearby sections - [38 C.F.R. § 20.900 (2026) § 20.900 Rule 900. Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_900.md) - [38 C.F.R. § 20.901 (2026) § 20.901 Rule 901. Submission of additional evidence after initiation of appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_901.md) - [38 C.F.R. § 20.902 (2026) § 20.902 Rule 902. Order of consideration of appeals.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_902.md) - [38 C.F.R. § 20.903 (2026) § 20.903 Rule 903. The decision.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_903.md) - [38 C.F.R. § 20.904 (2026) § 20.904 Rule 904. Remand or referral for further action.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_904.md) - [38 C.F.R. § 20.905 (2026) § 20.905 Rule 905. Content of Board decision, remand, or order in simultaneously contested claims.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_905.md) - [38 C.F.R. § 20.906 (2026) § 20.906 Rule 906. Medical opinions and opinions of the General Counsel.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_906.md) - [38 C.F.R. § 20.907 (2026) § 20.907 Rule 907. Filing of requests for the procurement of opinions.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_907.md) - [38 C.F.R. § 20.908 (2026) § 20.908 Rule 908. Notification of evidence to be considered by the Board and opportunity for response.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_908.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_902. Check the current official text before relying on it. Not legal advice.