The following time limits will be applicable to all covered claims:
(a) Time limits to be observed by the participant. The participant will comply with the following time limits for all covered claims:
(1) Response to initial notice letter. The time limit for responding to the notification regarding the information and medical or lay evidence necessary to substantiate a claim in the manner required by § 20.1503(d) will be 30 days.
(2) Subsequent requests by VA for additional information and evidence. The time limit for responding to any subsequent request by VA for additional information or evidence, either by notifying VA of the existence of such information or evidence, providing such evidence, or notifying VA that no such evidence exists, will be 30 days.
(3) VA request for waiver. The time limit for responding to a VA request for waiver as set forth in § 20.1508 of this part, will be 30 days.
(4) Notice of Disagreement. The time limit for filing a Notice of Disagreement pursuant to § 20.302(a) of this part will be 60 days.
(5) Substantive Appeal. The time limit for filing a Substantive Appeal pursuant to § 20.302(b) of this part will be 30 days.
(6) Following certification of appeal to the Board. Following the issuance of notification that the appeal has been certified and transferred to the Board, the time limit for taking the following actions pursuant to § 20.1304 of this part will be 30 days:
(i) Request a hearing before the Board,
(ii) Request a change in representation, or
(iii) Submit additional evidence or argument.
(b) Time limit to be observed by the participating VA regional office. The participating VA regional office shall certify covered claims and transfer the appellate record to the Board as set forth in §§ 19.35 and 19.36 of this chapter within 30 days of the receipt of the Substantive Appeal, or within 30 days of receipt of any additional submissions following the Substantive Appeal, but no later than 60 days from the receipt of the Substantive Appeal. However, if, after issuance of the Statement of the Case, additional assistance in obtaining evidence is required in order to comply with § 3.159(c) of this chapter, the participating VA regional office shall certify covered claims and transfer the appellate record to the Board within 60 days after the requisite action is completed.
(Authority: 38 U.S.C. 501(a) and 5103A)
Title 38 published on 2012-07-01
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