§ 21.7302. Finality of decisions.
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/us/cfr/t38/s§ 21.7302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Agency decisions generally are binding. The decision of a VA facility of original jurisdiction on which an action is based---
(1)Will be final,
(2)Will be binding upon all field offices of the VA as to conclusions based on evidence on file at that time, and
(3)Will not be subject to revision on the same factual grounds except by duly constituted appellate authorities or except as provided in § 21.7303 of this part. (See §§ 19.192 and 19.193 of this chapter). (Authority: 38 U.S.C. 511)
(b)Decisions of an activity within VA. Current determinations of line of duty and other pertinent elements of eligibility for a program of education made by either an Adjudicative activity or an Insurance activity by application of the same criteria and based on the same facts are binding one upon the other in the absence of clear and unmistakable error. (Authority: 38 U.S.C. 511)
(c)Character of discharge determinations.
(1)A determination of the character of a veteran's discharge made by a competent military or naval authority or by the Coast Guard is binding upon VA.
(2)Any determination of the character of a veteran's discharge made by VA in connection with the veteran's eligibility for a benefit other than educational assistance under 38 U.S.C. chapter 30, shall not affect his or her eligibility for educational assistance. (Authority: 38 U.S.C. 3011(a), 3012(a); Pub. L. 98-525)
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- Pub. L. 98-525
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