# 38 CFR § 19.50: Who can file an appeal

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-19.50

## Section

- **Citation:** 38 CFR § 19.50
- **Heading:** Who can file an appeal
- **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 C—Claimant Action in a Legacy Appeal

## Text

(a) Persons authorized. A Notice of Disagreement and/or a Substantive Appeal may be filed by a claimant personally, or by his or her representative if a proper Power of Attorney or declaration of representation, as applicable, is on record or accompanies such Notice of Disagreement or Substantive Appeal.
(b) Claimant rated incompetent by Department of Veterans Affairs or under disability and unable to file. If an appeal is not filed by a person listed in paragraph (a) of this section, and the claimant is rated incompetent by the Department of Veterans Affairs or has a physical, mental, or legal disability which prevents the filing of an appeal on his or her own behalf, a Notice of Disagreement and a Substantive Appeal may be filed by a fiduciary appointed to manage the claimant's affairs by the Department of Veterans Affairs or a court, or by a person acting as next friend if the appointed fiduciary fails to take needed action or no fiduciary has been appointed.
(c) Claimant under disability and able to file. Notwithstanding the fact that a fiduciary may have been appointed for a claimant, an appeal filed by a claimant will be accepted.
(Authority: 38 U.S.C. 7105(b)(2) (2016))
[57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 177, 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-38-19.50. Check the current official text before relying on it. Not legal advice.