**§20.702 Rule 702. Scheduling and notice of hearings conducted by the
Board of Veterans' Appeals in Washington, DC.**

\(a\) *General*. To the extent that officials scheduling hearings for
the Board of Veterans' Appeals determine that necessary physical
resources and qualified personnel are available, hearings will be
scheduled at the convenience of appellants and their representatives,
with consideration of the travel distance involved. While a Statement of
the Case should be prepared prior to the hearing, it is not a
prerequisite for a hearing and an appellant may request that the hearing
be scheduled prior to issuance of the Statement of the Case. (Authority:
38 U.S.C. 7102, 7105(a), 7107)

\(b\) *Notification of hearing*. When a hearing is scheduled, the person
requesting it will be notified of its time and place, and of the fact
that the Government may not assume any expense incurred by the
appellant, the representative or witnesses attending the hearing.
(Authority: 38 U.S.C. 7102, 7105(a), 7107)

\(c\) *Requests for changes in hearing dates*.

\(1\) The appellant or the representative may request a different date
for the hearing within 60 days from the date of the letter of
notification of the time and place of the hearing, or not later than two
weeks prior to the scheduled hearing date, whichever is earlier. The
request must be in writing, but the grounds for the request need not be
stated. Only one such request for a change of the date of the hearing
will be granted, subject to the interests of other parties if a
simultaneously contested claim is involved. In the case of hearings to
be conducted by the Board of Veterans' Appeals in Washington, DC, such
requests for a new hearing date must be filed with: Director, Management
and Administration (01E), Board of Veterans' Appeals, 810 Vermont
Avenue, NW., Washington, DC 20420.

\(2\) After the period described in paragraph (c)(1) of this section has
passed, or after one change in the hearing date is granted based on a
request received during such period, the date of the hearing will become
fixed. After a hearing date has become fixed, an extension of time for
appearance at a hearing will be granted only for good cause, with due
consideration of the interests of other parties if a simultaneously
contested claim is involved. Examples of good cause include, but are not
limited to, illness of the appellant and/or representative, difficulty
in obtaining necessary records, and unavailability of a necessary
witness. The motion for a new hearing date must be in writing and must
explain why a new hearing date is necessary. If good cause is shown, the
hearing will be rescheduled for the next available hearing date after
the appellant or his or her representative gives notice that the
contingency which gave rise to the request for postponement has been
removed. Ordinarily, however, hearings will not be postponed more than
30 days. In the case of a hearing conducted by the Board of Veterans'
Appeals in Washington, DC, whether good cause for establishing a new
hearing date has been shown will be determined by the presiding Member
assigned to conduct the hearing. In the case of hearings to be conducted
by the Board of Veterans' Appeals in Washington, DC, the motion for a
new hearing date must be filed with: Director, Management and
Administration (01E), Board of Veterans' Appeals, 810 Vermont Avenue,
NW., Washington, DC 20420. (Authority: 38 U.S.C. 7102, 7105(a), 7105A,
7107)

\(d\) *Failure to appear for a scheduled hearing*. If an appellant (or
when a hearing only for oral argument by a representative has been
authorized, the representative) fails to appear for a scheduled hearing
and a request for postponement has not been received and granted, the
case will be processed as though the request for a hearing had been
withdrawn. No further request for a hearing will be granted in the same
appeal unless such failure to appear was with good cause and the cause
for the failure to appear arose under such circumstances that a timely
request for postponement could not have been submitted prior to the
scheduled hearing date. A motion for a new hearing date following a
failure to appear must be in writing; must be submitted not more than 15
days following the original hearing date; and must set forth the reason,
or reasons, for the failure to appear at the originally scheduled
hearing and the reason, or reasons, why a timely request for
postponement could not have been submitted. In the case of hearings to
be conducted by the Board of Veterans' Appeals in Washington, DC, the
motion must be filed with: Director, Management and Administration
(01E), Board of Veterans' Appeals, 810 Vermont Avenue, NW., Washington,
DC 20420. If good cause is shown, the hearing will be rescheduled for
the next available hearing date after the appellant or his or her
representative gives notice that the contingency which gave rise to the
failure to appear has been removed. Ordinarily, however, hearings will
not be postponed more than 30 days. In the case of hearings before the
Board of Veterans' Appeals in Washington, DC, whether good cause for
such failure to appear has been established will be determined by the
presiding Member assigned to conduct the hearing. (Authority: 38 U.S.C.
7102, 7105(a), 7105A, 7107)

\(e\) *Withdrawal of hearing requests*. A request for a hearing may be
withdrawn by an appellant at any time before the date of the hearing. A
request for a hearing may not be withdrawn by an appellant's
representative without the consent of the appellant. In the case of
hearings to be conducted by the Board of Veterans' Appeals in
Washington, DC, the notice of withdrawal must be sent to: Director,
Management and Administration (01E), Board of Veterans' Appeals, 810
Vermont Avenue, NW., Washington, DC 20420. (Authority: 38 U.S.C. 7102,
7105(a), 7107)

(Approved by the Office of Management and Budget under control number
2900-0085.)

\[57 FR 4109, Feb. 3, 1992, as amended at 58 FR 27935, May 12, 1993; 61
FR 20450, May 7, 1996; 67 FR 16023, Apr. 4, 2002\]

**Supplement *Highlights* references**: 3(2), 14(3).