Page:United States Statutes at Large Volume 72 Part 1.djvu/1284

 1242

PUBLIC LAW 85-857-SEPT. 2, 1958

[72 S T A T.

tion. Such applications must be filed with the activity which entered the denial. If such an application is timely filed, a reasonable time thereafter will be allowed, if requested, for the perfection of the appeal and the presentation of additional evidence before final determination or decision is made. Applications postmarked before the expiration of the one-year period will be accepted as timely filed. (b) If no application for review on appeal is filed in accordance with this chapter within the one-year period, the action taken on initial review or determination shall become final and the claim will not thereafter be reopened or allowed, except that where subsequent to such disallowance new and material evidence in the form of official reports from the proper service department is secured the Administrator may authorize the reopening of the claim and review of the former decision. (c)(1) Application for review on appeal may be made in writing by the claimant, his legal guardian, or such accredited representative, or authorized agent, as may be selected by him. Not more than one recognized organization or authorized agent will be recognized at any one time in the prosecution of a claim. (2) Application for review on appeal may be made within the oneyear period prescribed by this section by such officials of the Veterans' Administration as may be designated by the Administrator. A n application entered under this paragraph shall not operate to deprive the claimant of the right of review on appeal as provided in this chapter. (d) In each application for review on appeal the name and service of the veteran on account of whose service the claim is based must be stated, together with the number of the claim and the date of the action from which the appeal is taken. The application must clearly identify the benefit sought. (e) Each application for review on appeal should contain specific assignments of the alleged mistake of fact or error of law in the ad"judication of the claim. Any application which is insufficient may be dismissed. § 4006. Docketing of appeals All cases received pursuant to application for review on appeal shall be considered and decided in regular order according to their places upon the docket; however, for cause shown a case may be advanced on motion for earlier consideration and determination. Every such motion shall set forth succinctly the grounds upon which it is based. No such motion shall be granted except in cases involving interpretation of law of general application affecting other claims, or for other sufficient cause shown. § 4007. Simultaneously contested claims (a) I n simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of an application for review on appeal shall be sixty days from the date notice is mailed of the original action to the claimant to whom the action is adverse. I n such cases the activity concerned shall promptly notify all parties in interest of the original action taken, expressly inviting attention to the fact that an application for review on appeal will not be entertained unless filed with the sixty-day period prescribed by this subsection. Such notices shall be forwarded to the parties in interest to the last known address of record. (b) Upon the filing of an application for review on appeal in simultaneously contested claims, all parties other than the applicant for leview on appeal whose interest may be adversely affected by the decision, shall be notified of the substance thereof and allowed thirty days

�