§ 7113. Evidentiary record before the Board of Veterans’ Appeals

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(a)Cases With No Request for a Hearing or Additional Evidence.— For cases in which a hearing before the Board of Veterans’ Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(b)Cases With a Request for a Hearing.—

(1)Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(2)The evidentiary record before the Board for cases described in paragraph

(1)shall include each of the following, which the Board shall consider in the first instance:

(A)Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.

(B)Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.

(c)Cases With No Request for a Hearing and With a Request for Additional Evidence.—

(1)Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.

(2)The evidentiary record before the Board for cases described in paragraph

(1)shall include each of the following, which the Board shall consider in the first instance:

(A)Evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement.

(B)Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.

(Added Pub. L. 115–55, § 2(w)(1), Aug. 23, 2017, 131 Stat. 1114.)

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