1. (a) Except as described in paragraphs (b) and (c) of this section, for appeals in which the appellant requested, on the Notice of Disagreement, a Board hearing, the Board's decision will be based on a review of the following:

   1. (1) Evidence of record at the time of the agency of original jurisdiction's decision on the issue or issues on appeal;
   2. (2) Evidence submitted by the appellant or his or her representative at the hearing, to include testimony provided at the hearing; and
   3. (3) Evidence submitted by the appellant or his or her representative within 90 days following the hearing.
2. (b) In the event that the hearing request is withdrawn pursuant to § 20.704(e), the Board's decision will be based on a review of evidence described in paragraph (a)(1) of this section, and evidence submitted by the appellant or his or her representative within 90 days following receipt of the withdrawal.

3. (c) In the event that the appellant does not appear for a scheduled hearing, and the hearing is not rescheduled subject to § 20.704(d), the Board's decision will be based on a review of evidence described in paragraph (a)(1) of this section, and evidence submitted by the appellant or his or her representative within 90 days following the date of the scheduled hearing.

   (Authority: 38 U.S.C. 7105, 7107, 7113(b))

[84 FR 182, Jan. 18, 2019]