The Secretary of Veterans Affairs authorizes certain officials of the Department of Veterans Affairs to file administrative appeals within specified time limits, as follows:
(a) Central Office—
(1) Officials.
The Under Secretary for Benefits or a service director of the Veterans Benefits Administration, the Under Secretary for Health or a service director of the Veterans Health Administration, and the General Counsel.
(2) Time limit.
Such officials must file an administrative appeal within 1 year from the date of mailing notice of such determination to the claimant.
(b) Agencies of original jurisdiction—
(1) Officials.
Directors, adjudication officers, and officials at comparable levels in field offices deciding any claims for benefits, from any determination originating within their established jurisdiction.
(2) Time limit.
The Director or comparable official must file an administrative appeal within 6 months from the date of mailing notice of the determination to the claimant. Officials below the level of Director must do so within 60 days from such date.
(c) The date of mailing.
With respect to paragraphs (a) and (b) of this section, the date of mailing notice of the determination to the claimant will be presumed to be the same as the date of the letter of notification to the claimant.
Code of Federal Regulations
(Authority:
38 U.S.C. 7106
)
Code of Federal Regulations
[57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996]