**§20.1509 Rule 1509. Compliance and revocation of participation.**

\(a\) Unless the participant revokes his or her participation in the
Initiative as provided in paragraphs (b), (c) or (d) of this section,
all covered claims will continue to be processed by VA or the Board in
accordance with the provisions of this subpart until a final decision of
the agency of original jurisdiction or the Board has been issued.

\(b\) *Express revocation*. A participant may revoke participation in
the Initiative at any time by submitting a revocation request in
writing. The revocation request must be filed with the participating VA
regional office unless the case has been certified and transferred to
the Board, in which case the revocation request should be filed with the
Board. As of the date of receipt of the revocation, any covered claims
will be processed in the same manner as if the participant had not
elected to participate in the Initiative.

\(c\) *Implied revocation*. The failure of a participant to meet the
terms of these rules, as outlined in the executed Agreement and Waiver
of Rights, will have the same result as if the participant had expressly
revoked his or her participation in the Initiative. As of the date of
the action constituting such implied revocation, any covered claims will
be processed in the same manner as if the participant had not elected to
participate in the Initiative. Grounds for implied revocation of
participation include, but are not limited to:

\(1\) The failure of the participant or representative, as appropriate,
to comply with any of the time limits set forth in §20.1504(a) of this
part;

\(2\) The failure to waive initial consideration by the agency of
original jurisdiction of any evidence obtained by VA that was not
considered in the Statement of the Case;

\(3\) A request by a participant or representative for an extension of
any of the time limits set forth in §20.1504(a) of this part, unless a
motion for good cause is granted, as described by paragraph (e) of this
section; and

\(4\) Any other failure on the part of the participant to comply with
the terms of the Agreement and Waiver of Rights, as determined by VA.

\(d\) *Death of participant*. If a participant dies while his or her
claim is being processed, participation in the Initiative will be deemed
revoked.

\(e\) *Extensions*. Extensions of any of the time limits described in
this subpart may only be granted when the participant demonstrates on
motion that there is good cause for the extension request. At no time
may time periods be extended beyond those provided by law to all
claimants and appellants. Examples of good cause include, but are not
limited to, illness of the participant or the representative of such
severity that precludes action during the period; death of an individual
representative; illness or incapacity of an individual representative
that renders it impractical for a participant to continue with him or
her as representative; or withdrawal of an individual representative.
Motions for extensions must be filed prior to the expiration of the time
period for which a motion is being requested. Motions must be in
writing, and filed with the participating VA regional office that has
jurisdiction over the claim, unless the case has been certified and
transferred to the Board, in which case the motion must be filed with
the Board. Motions must include the name of the participant, the
applicable Department of Veterans Affairs file number; and an
explanation as to why the extension request is being made. (Authority:
38 U.S.C. 501(a))