# 38 CFR § 19.38: Action by agency of original jurisdiction when remand received

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-19.38

## Section

- **Citation:** 38 CFR § 19.38
- **Heading:** Action by agency of original jurisdiction when remand received
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS > Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction

## Text

When a case is remanded by the Board of Veterans' Appeals, the agency of original jurisdiction will complete the additional development of the evidence or procedural development required. Following completion of the development, the case will be reviewed to determine whether the additional development, together with the evidence which was previously of record, supports the allowance of all benefits sought on appeal. If so, the appellant and his or her representative, if any, will be promptly informed. If any benefits sought on appeal remain denied following this review, the agency of original jurisdiction will issue a Supplemental Statement of the Case concerning the additional development pertaining to those issues in accordance with the provisions of § 19.31 of this part. Following the 30-day period allowed for a response to the Supplemental Statement of the Case pursuant to § 19.52(c), the case will be returned to the Board for further appellate processing unless the appeal is withdrawn or review of the response to the Supplemental Statement of the Case results in the allowance of all benefits sought on appeal. Remanded cases will not be closed for failure to respond to the Supplemental Statement of the Case.
(Authority: 38 U.S.C. 7105(d)(1) (2016))
[57 FR 4104, Feb. 3, 1992, as amended at 69 FR 53808, Sept. 3, 2004; 73 FR 40748, July 16, 2008; 84 FR 179, Jan. 18, 2019]

## Nearby sections

- [38 CFR § 19.1 § 19.1 Provisions applicable to legacy appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.1.md)
- [38 CFR § 19.2 § 19.2 Appellant's election for review of a legacy appeal in the modernized system.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.2.md)
- [38 CFR § 19.20 § 19.20 What constitutes an appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.20.md)
- [38 CFR § 19.21 § 19.21 Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.21.md)
- [38 CFR § 19.22 § 19.22 Substantive Appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.22.md)
- [38 CFR § 19.23 § 19.23 Applicability of provisions concerning Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.23.md)
- [38 CFR § 19.24 § 19.24 Action by agency of original jurisdiction on Notice of Disagreement required to be filed on a standardized form.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.24.md)
- [38 CFR § 19.25 § 19.25 Notification by agency of original jurisdiction of right to appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.25.md)
- [38 CFR § 19.26 § 19.26 Action by agency of original jurisdiction on Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.26.md)
- [38 CFR § 19.28 § 19.28 Determination that a Notice of Disagreement is inadequate protested by claimant or representative.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.28.md)
- [38 CFR § 19.29 § 19.29 Statement of the Case.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.29.md)
- [38 CFR § 19.30 § 19.30 Furnishing the Statement of the Case and instructions for filing a Substantive Appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.30.md)
- [38 CFR § 19.31 § 19.31 Supplemental statement of the case.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.31.md)
- [38 CFR § 19.32 § 19.32 Closing of appeal for failure to respond to Statement of the Case.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.32.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-19.38. Check the current official text before relying on it. Not legal advice.