---
kind: "section"
citation: "38 C.F.R. § 20.804"
title: "38"
number: "20.804"
heading: "Rule 804. Opinions of the General Counsel."
url: "https://uscodex.org/cfr/38/20.804"
---

# §20.804. Rule 804. Opinions of the General Counsel.

- (a) The Board may obtain an opinion from the General Counsel of the Department of Veterans Affairs on legal questions involved in the consideration of an appeal.
- (b) **Filing of requests for the procurement of opinions.** The appellant or representative may request that the Board obtain an opinion under this section. Such request must be in writing and will be granted upon a showing of good cause, such as the identification of a complex or controversial legal issue involved in the appeal which warrants such an opinion.
- (c) **Notification of evidence to be considered by the Board and opportunity for response.** If the Board requests an opinion pursuant to this section, it will notify the appellant and his or her representative, if any. When the Board receives the opinion, it will furnish a copy of the opinion to the appellant, subject to the limitations provided in [38 U.S.C. 5701(b)(1)](/usc/38/5701.md?p=b-1), and to the appellant's representative, if any. A period of 60 days from the date the Board furnishes a copy of the opinion will be allowed for response, which may include the submission of relevant evidence or argument. The date the Board furnishes a copy will be presumed to be the same as the date of the letter or memorandum that accompanies the copy of the opinion for purposes of determining whether a response was timely filed.
- (d) For purposes of this section, the term “the Board” includes the Chairman, the Vice Chairman, any Deputy Vice Chairman, and any Member of the Board before whom a case is pending.

## Notes

### Amendments

[84 FR 188, 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 188, Jan. 18, 2019]