# 38 C.F.R. § 20.904 (2026): Rule 904. Remand or referral for further action > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_904 ## Section - **Citation:** 38 C.F.R. § 20.904 (2026) - **Heading:** Rule 904. Remand or referral for further action - **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 / § 20.904: § 20.904 Rule 904. Remand or referral for further action. ## Text (a) Remand. If further evidence, clarification of the evidence, correction of a procedural defect, or any other action is essential for a proper appellate decision, a Veterans Law Judge or panel of Veterans Law Judges shall remand the case to the agency of original jurisdiction, specifying the action to be undertaken. (b) Referral. The Board shall refer to the agency of original jurisdiction for appropriate consideration and handling in the first instance all claims reasonably raised by the record that have not been initially adjudicated by the agency of original jurisdiction, except for claims over which the Board has original jurisdiction. (c) Remand for a Statement of the Case. In cases before the Board in which a claimant has timely filed a Notice of Disagreement with a determination of the agency of original jurisdiction on a claim, but the record reflects that the agency of original jurisdiction has not subsequently granted the claim in full and has not furnished the claimant with a Statement of the Case, the Board shall remand the claim to the agency of original jurisdiction with instructions to prepare and issue a Statement of the Case in accordance with the provisions of part 19, subpart B of this chapter. A remand for a Statement of the Case is not required if the claimant, consistent with the withdrawal requirements of § 19.55 of this chapter, withdraws the Notice of Disagreement. (d) Exceptions. A remand or referral to the agency of original jurisdiction is not necessary for any of the following purposes: (1) Clarifying a procedural matter before the Board, including the appellant's choice of representative before the Board, the issues on appeal, or requests for a hearing before the Board; (2) Considering law not already considered by the agency of original jurisdiction, including, but not limited to, statutes, regulations, and court decisions; on is not necessary for any of the following purposes: (1) Clarifying a procedural matter before the Board, including the appellant's choice of representative before the Board, the issues on appeal, or requests for a hearing before the Board; (2) Considering law not already considered by the agency of original jurisdiction, including, but not limited to, statutes, regulations, and court decisions; (3) Reviewing additional evidence received by the Board, if, pursuant to Rule 1305 (§ 20.1305(c) of this part), the appellant or the appellant's representative waives the right to initial consideration by the agency of original jurisdiction, or if the Board determines that the benefit or benefits to which the evidence relates may be fully allowed on appeal; (4) Requesting an opinion under Rule 906 (§ 20.906 of this part); (5) Supplementing the record with a recognized medical treatise; or (6) Considering a matter over which the Board has original jurisdiction. (Authority: 38 U.S.C. 7102, 7103(c); 38 U.S.C. 7104(a), 7105 (2016)). [67 FR 3104, Jan. 23, 2002, as amended at 69 FR 53808, Sept. 3, 2004; 76 FR 17547, Mar. 30, 2011. Redesignated at 84 FR 177, Jan. 18, 2019, as amended at 84 FR 4337, Feb. 15, 2019; 84 FR 34788, July 19, 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_904. Check the current official text before relying on it. Not legal advice.