# 38 CFR § 20.904: Rule 904. Remand or referral for further action

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-20.904

## Section

- **Citation:** 38 CFR § 20.904
- **Heading:** Rule 904. Remand or referral for further action
- **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 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE > Subpart J—Action by the Board in Legacy Appeals

## 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;
(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 CFR § 20.1 § 20.1 Rule 1. Purpose and construction of Rules of Practice.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.1.md)
- [38 CFR § 20.2 § 20.2 Rule 2. Procedure in absence of specific Rule of Practice.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.2.md)
- [38 CFR § 20.3 § 20.3 Rule 3. Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.3.md)
- [38 CFR § 20.4 § 20.4 Rule 4. Appeal systems definitions and applicability provisions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.4.md)
- [38 CFR § 20.5 § 20.5 Rule 5. Right to representation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.5.md)
- [38 CFR § 20.6 § 20.6 Rule 6. Withdrawal of services by a representative.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.6.md)
- [38 CFR § 20.100 § 20.100 Rule 100. Establishment of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.100.md)
- [38 CFR § 20.101 § 20.101 Rule 101. Composition of the Board; titles.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.101.md)
- [38 CFR § 20.102 § 20.102 Rule 102. Name, business hours, and mailing address of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.102.md)
- [38 CFR § 20.103 § 20.103 Rule 103. Principal functions of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.103.md)
- [38 CFR § 20.104 § 20.104 Rule 104. Jurisdiction of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.104.md)
- [38 CFR § 20.105 § 20.105 Rule 105. Criteria governing disposition of appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.105.md)
- [38 CFR § 20.106 § 20.106 Rule 106. Assignment of proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.106.md)
- [38 CFR § 20.107 § 20.107 Rule 107. Disqualification of Members.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.107.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-20.904. Check the current official text before relying on it. Not legal advice.