For appeals in which the appellant requested, on the Notice of Disagreement, an opportunity to submit additional evidence without a Board hearing, the Board's decision will be based on a review of the following:

1. (a) Evidence of record at the time of the agency of original jurisdiction's decision on the issue or issues on appeal; and

2. (b) Evidence submitted by the appellant or his or her representative:

   1. (1) With the Notice of Disagreement or within 90 days following receipt of the Notice of Disagreement; or,

   2. (2) If the appellant did not request an opportunity to submit additional evidence on the Notice of Disagreement, but subsequently requested to submit additional evidence pursuant to Rule 202 (§ 20.202(c)(2)(ii)), within 90 days following VA's notice that the appeal has been moved to the docket described in § 20.800(a)(ii).

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

[84 FR 182, Jan. 18, 2019; 84 FR 34788, July 19, 2019]