---
kind: "section"
citation: "38 C.F.R. § 20.303"
title: "38"
number: "20.303"
heading: "Rule 303. Appeals with no request for a Board hearing, but with a request for submission of additional evidence."
url: "https://uscodex.org/cfr/38/20.303"
---

# §20.303. Rule 303. Appeals with no request for a Board hearing, but with a request for submission of additional evidence.


For appeals in which the appellant requested, on the Notice of Disagreement, an opportunity to submit additional evidence without a Board hearing, the Board's decision will be based on a review of the following:

- (a) Evidence of record at the time of the agency of original jurisdiction's decision on the issue or issues on appeal; and
- (b) **Evidence submitted by the appellant or his or her representative—**
  - (1) With the Notice of Disagreement or within 90 days following receipt of the Notice of Disagreement; or,
  - (2) If the appellant did not request an opportunity to submit additional evidence on the Notice of Disagreement, but subsequently requested to submit additional evidence pursuant to [Rule 202](/cfr/38/202.md) ([§ 20.202(c)(2)(ii)](/cfr/38/20.202.md?p=c-2-ii)), within 90 days following VA's notice that the appeal has been moved to the docket described in [§ 20.800(a)(ii)](/cfr/38/20.800.md?p=a-ii).

## Notes

### Amendments

[84 FR 182, Jan. 18, 2019; 84 FR 34788, July 19, 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; 84 FR 34788, July 19, 2019]