Veteranclaims’s Blog

February 23, 2022

VA favorable findings; binding determinations; 38 USC 5104; 38 CFR 20.801;

38 C.F.R.§ 20.801 (2020)(“Any findings favorable to the claimant as identified by the agency of original jurisdiction in notification of a decision or in a prior Board decision on an issue on appeal are binding on all agency of original jurisdiction and Board of Veterans’ Appeals adjudicators,unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding.”)

X.ii.1.A.1.a.  Binding DeterminationsUnder 38 CFR 3.104 a decision of a Department of Veterans Affairs (VA) rating agency is binding on all VA field offices as to the conclusions based on the evidence on file at the time VA issues notification in accordance with 38 U.S.C. 5104.

X.ii.1.A.1.b.  Significance of Binding DeterminationsBinding determinations are not subject to revision except by the Board of Veterans’ Appeals (BVA), by Federal court order, or as provided in 38 CFR 3.105, 38 CFR 3.2500, and 38 CFR 3.2600.
X.ii.1.A.2.a.  Binding Nature of Favorable FindingsAny finding favorable to the claimant made by either a VA adjudicator, as described in 38 CFR 3.103(f)(4), or by BVA, as described in 38 CFR 20.801(a), is binding on all subsequent VA and BVA adjudicators, unless rebutted by clear and unmistakable evidence to the contrary. 

The Board may remand an appeal to the AOJ only “for correction of [a pre-decisional] error on the part of the [AOJ] to satisfy its duties under 38 U.S.C. 5103A” or “for correction of any other error by the [AOJ] in satisfying a regulatory or statutory duty, if correction of the error would have a reasonable possibility of aiding in substantiating the appellant’s claim.” 38 C.F.R. § 20.801(a).

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