---
kind: "section"
citation: "38 C.F.R. § 20.302"
title: "38"
number: "20.302"
heading: "Rule 302. Appeals with a request for a Board hearing."
url: "https://uscodex.org/cfr/38/20.302"
---

# §20.302. Rule 302. Appeals with a request for a Board hearing.

- (a) Except as described in paragraphs [(b)](#b) and [(c)](#c) of this section, for appeals in which the appellant requested, on the Notice of Disagreement, a Board hearing, the Board's decision will be based on a review of the following:
  - (1) Evidence of record at the time of the agency of original jurisdiction's decision on the issue or issues on appeal;
  - (2) Evidence submitted by the appellant or his or her representative at the hearing, to include testimony provided at the hearing; and
  - (3) **Evidence submitted by the appellant or his or her representative within 90 days following the hearing.**
- (b) In the event that the hearing request is withdrawn pursuant to [§ 20.704(e)](/cfr/38/20.704.md?p=e), the Board's decision will be based on a review of evidence described in [paragraph (a)(1)](#a-1) of this section, and evidence submitted by the appellant or his or her representative within 90 days following receipt of the withdrawal.
- (c) In the event that the appellant does not appear for a scheduled hearing, and the hearing is not rescheduled subject to [§ 20.704(d)](/cfr/38/20.704.md?p=d), the Board's decision will be based on a review of evidence described in [paragraph (a)(1)](#a-1) of this section, and evidence submitted by the appellant or his or her representative within 90 days following the date of the scheduled hearing.

## Notes

### Amendments

[84 FR 182, Jan. 18, 2019]

### Authority

Authority: 38 U.S.C. 501(a) and as noted in specific sections.

### Source

Source: 57 FR 4109, Feb. 3, 1992, unless otherwise noted.

### Amendments

[84 FR 182, Jan. 18, 2019]