38 C.F.R. § 1.969

Revision of waiver decisions

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(a) Jurisdiction. A decision involving waiver may be reversed or modified on the basis of new and material evidence, fraud, a change in law or interpretation of law specifically stated in a Department of Veterans Affairs issue, or clear and unmistakable error shown by the evidence in file at the time the prior decision was rendered by the same or any other regional office Committee.

(b) Finality of decisions. Except as provided in paragraph (a) of this section, a decision involving waiver rendered by the Committee having jurisdiction is final, subject to the provisions of:

(1) Sections 3.104(a), 19.153 and 19.154 of this chapter as to finality of decisions;

(2) Section 3.105 (a) and (b) of this chapter as to revision of decisions, except that the Central Office staff may postaudit or make an administrative review of any decision of a regional office Committee;

(3) Sections 3.103, 19.113 and 19.114 of this chapter as to notice of disagreement and the right of appeal;

(4) Section 19.124 of this chapter as to the filing of administrative appeals and the time limits for filing such appeals.

(c) Difference of opinion. Where reversal or amendment of a decision involving waiver is authorized under § 3.105(b) of this chapter because of a difference of opinion, the effective date of waiver will be governed by the principle contained in § 3.400(h) of this chapter.

(Authority: 38 U.S.C. 501) [44 FR 59907, Oct. 17, 1979]

Notes of Decisions

Cited in 3 cases, 1993–2000 · leading case: Franklin v. Brown, 5 Vet. App. 190 (Vet. App. 1993).

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Franklin v. Brown, 5 Vet. App. 190 (Vet. App. 1993). “38 C.F.R. § 1.969 (1992) (emphasis added).”

Bruce v. Gober, 13 Vet. App. 565 (Vet. App. 2000). “However, the Court notes that *570 the appellant may be able to utilize statements regarding the nature and level of his expenditures (together with any corroborating evidence) to demonstrate “new and material evidence” in connection with an attempt to reverse or modify the…”

Nelson v. Brown, 4 Vet. App. 298 (Vet. App. 1993). “See 38 C.F.R. § 1.969 (a) (1992) (“a decision involving waiver may be reversed or modified on the basis of new and material evidence”).”

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