§ 20.1105. Rule 1105. Supplemental claim after promulgation of appellate decision.
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/us/cfr/t38/s§ 20.1105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)After an appellate decision has been promulgated on a claim, a claimant may file a supplemental claim with the agency of original jurisdiction by submitting the prescribed form with new and relevant evidence related to the previously adjudicated claim as set forth in § 3.2601 of this chapter, except in cases involving simultaneously contested claims under Subpart E of this part. (Authority: 38 U.S.C. 5108, 7104)
(b)Legacy appeals pending on the effective date. For legacy appeals as defined in § 19.2 of this chapter, where prior to the effective date described in Rule 4 (§ 20.4), an appellant requested that a claim be reopened after an appellate decision has been promulgated and submitted evidence in support thereof, a determination as to whether such evidence is new and material must be made and, if it is, as to whether it provides a basis for allowing the claim. An adverse determination as to either question is appealable. (Authority: 38 U.S.C. 5108, 7104 (2016)) \[84 FR 191, Jan. 18, 2019\]
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§ 20.1105
Rule 1105. Supplemental claim after promulgation of appellate decision.
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