38 C.F.R. Subpart L—Finality
Title 38 - Pensions, Bonuses, and Veterans' Relief
(a) General. All decisions of the Board will be stamped with the date of mailing on the face of the decision. Unless the Chairman of the Board orders reconsideration, and with the exception of matters listed in paragraph (b) of this section, all Board decisions are final on the date stamped on the face of the decision. With the exception of matters listed in paragraph (b) of this section, the decision rendered by the reconsideration Panel in an appeal in which the Chairman has ordered reconsideration is final. (b) Exceptions. Final Board decisions are not subject to review except as provided in 38 U.S.C. 1975 and 1984 and 38 U.S.C. chapters 37 and 72. A remand is in the nature of a preliminary order and does not constitute a final decision of the Board. (Authority: 38 U.S.C. 511(a), 7103, 7104(a)) [57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20453, May 7, 1996]
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
Subpart L—Finality
§ 20.1100 Rule 1100. Finality of decisions of the Board.
§ 20.1101 Rule 1101. [Reserved]
§ 20.1102 Rule 1102. Harmless error.
An error or defect in any decision by the Board of Veterans' Appeals which does not affect the merits of the issue or substantive rights of the appellant will be considered harmless and not a basis for vacating or reversing such decision.
(Authority: 38 U.S.C. 7103)
§ 20.1103 Rule 1103. Finality of determinations of the agency of original jurisdiction where appeal is not perfected.
A determination on a claim by the agency of original jurisdiction of which the claimant is properly notified is final if an appeal is not perfected as prescribed in Rule 302 (§20.302 of this part).
(Authority: 38 U.S.C. 7105)
§ 20.1104 Rule 1104. Finality of determinations of the agency of original jurisdiction affirmed on appeal.
When a determination of the agency of original jurisdiction is affirmed by the Board of Veterans' Appeals, such determination is subsumed by the final appellate decision.
(Authority: 38 U.S.C. 7104(a))
§ 20.1105 Rule 1105. New claim after promulgation of appellate decision.
When a claimant requests that a claim be reopened after an appellate decision has been promulgated and submits evidence in support thereof, a determination as to whether such evidence is new and material must be made and, if it is, as to whether it provides a basis for allowing the claim. An adverse determination as to either question is appealable.
(Authority: 38 U.S.C. 5108, 7104)
§ 20.1106 Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime.
Except with respect to benefits under the provisions of 38 U.S.C. 1311(a)(2), 1318, and certain cases involving individuals whose Department of Veterans Affairs benefits have been forfeited for treason or for subversive activities under the provisions of 38 U.S.C. 6104 and 6105, issues involved in a survivor's claim for death benefits will be decided without regard to any prior disposition of those issues during the veteran's lifetime.
(Authority: 38 U.S.C. 7104(b)).
[70 FR 72221, Dec. 2, 2005]
