Except as prescribed in paragraph (a) of this section, VA decisions regarding fiduciary matters are committed to the Secretary of Veterans Affairs' discretion by law, as delegated to subordinate officials under this part, and cannot be appealed to the Board of Veterans' Appeals or any court.
(a) Appealable decisions. A beneficiary may appeal to the Board of Veterans' Appeals the following decisions:
(1) The Hub Manager's appointment of a fiduciary under § 13.100;
(2) The Hub Manager's removal of a fiduciary under § 13.500;
(3) The Hub Manager's misuse determination under § 13.400;
(4) The VA Regional Office Director's final decision upon reconsideration of a misuse determination under § 13.400(d); and
(5) The Director of the Pension and Fiduciary Service's negligence determination for purposes of reissuance of benefits under § 13.410.
(b) Procedures. (1) VA decisions regarding fiduciary matters are final, subject only to the right of appeal prescribed in this section.
(2) The initiation and processing of appeals under this section are governed by parts 19 and 20 of this chapter.
(Authority: 38 U.S.C. 501)
(Approved by the Office of Management and Budget under control number 2900-0085)
Notes of Decisions
Karen R. Shorette v. Denis McDonough (Vet. App. 2023).
· cites it 7× “at 3-4 (citing 38 C.F.R. § 13.600 (2022)). Next, the Secretary asserts that, although the petitioner may have had standing on behalf of the veteran to appeal the November 2018 decision to appoint a new fiduciary or to remove a fiduciary, no appeal was taken, and the petitioner…”
200622-95732 (Board of Vet. App. 2020).
· cites it 3× “Pursuant to 38 C.F.R. § 13.600 , except as prescribed in paragraph (a) of this section, VA decisions regarding fiduciary matters are committed to the Secretary of Veterans Affairs’ discretion by law, as delegated to subordinate officials under this part, and cannot be appealed…”
210421-154396 (Board of Vet. App. 2021).
“Such appeals are controlled by 38 C.F.R. § 13.600 (a) and (b), which provide that the beneficiary of the VA-appointed fiduciary may appeal the appointment to the Board; however, the class of appellants and types of fiduciary-related decisions subject to these provisions are…”
Simpson v. US Vets. Admin. (S.D. Ala. 2022).
“” 38 C.F.R. § 13.600 (emphasis added). The regulation includes an exception that allows for appeal of a decision to remove a fiduciary, but this exception applies only to the beneficiary and only permits an appeal to the Board of Veterans’ Appeals.”
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