C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE › Subpart K—Vacatur and Reconsideration

38 C.F.R. § 20.1001

Rule 1001. When reconsideration is accorded

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Reconsideration of an appellate decision may be accorded at any time by the Board of Veterans' Appeals on motion by the appellant or his or her representative or on the Board's own motion:

(a) Upon allegation of obvious error of fact or law;

(b) Upon discovery of new evidence in the form of relevant records or reports of the service department concerned; or

(c) Upon allegation that an allowance of benefits by the Board has been materially influenced by false or fraudulent evidence submitted by or on behalf of the appellant.

(Authority: 38 U.S.C. 7103, 7104) [57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 190, 191, Jan. 18, 2019]
Notes of Decisions
Cited in 50 cases (2 in the last 5 years), 1993–2024 · leading case: Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 304 F.3d 1276 (Fed. Cir. 2002).
Sort: Relevance Newest Treatment
Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 304 F.3d 1276 (Fed. Cir. 2002). · cites it 13× “Requests for reconsideration are handled in two stages.”
Jonathan D. Fithian v. Eric K. Shinseki, 24 Vet. App. 146 (Vet. App. 2010). · cites it 9× “See 38 C.F.R. § 20.1001 (2010) (establishing the criteria for a motion for reconsideration).”
Robert v. Posey v. Eric K. Shinseki, 23 Vet. App. 406 (Vet. App. 2010). · cites it 4× “at 414 (citing 38 C.F.R. § 20.1001 (a)). Mr. Posey's November 2007 filing meets all of these requirements: Mr.”
Jaquay v. West, 11 Vet. App. 67 (Vet. App. 1998). · cites it 8× “The Secretary also notes that the appellant had filed (on December 27,1993) a motion for BVA reconsideration with a Department of Veterans Affairs (VA) regional office (RO) instead of with the BVA pursuant to 38 C.F.R. § 20.1001 (b) (1997), and that that motion was not forwarded…”
Peter L. Kouvaris v. Eric K. Shinseki, 22 Vet. App. 377 (Vet. App. 2009). · cites it 5× “He argues, however, that it was timely received by the Board, and that this receipt should be considered a timely filing of an appeal to the Court for our jurisdictional purposes.”
Clarence D. Graves, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 294 F.3d 1350 (Fed. Cir. 2002). · cites it 2× “” 38 C.F.R. § 20.1001 (b) (2001). The Chairman of the Board reviews motions for reconsideration and decides whether they should be granted or denied.”
Edward T. Splane & Paralyzed Vets. of Am. v. Togo D. West, Jr., Sec'y of Vets. Affairs, 216 F.3d 1058 (Fed. Cir. 2000). · cites it 2× “38 C.F.R. § 20.1001 (1999). Thus, Petitioners argue that the DVA’s regulation is inconsistent with its authorizing statute because the regulation allows the Board to furnish an IME opinion to a claimant’s attorney, rather than to the claimant himself.”
Richard C. Boone v. Eric K. Shinseki, 22 Vet. App. 412 (Vet. App. 2009). · cites it 3× “Pursuant to paragraph (a) of 38 C.F.R. § 20.1001 , a motion for reconsideration must be in writing and must include (1) the name of the veteran, (2) the applicable VA file number, and (3) the date of the Board’s decision to be reconsidered.”
Rogelio C. Gomez v. Robert A. McDonald, 28 Vet. App. 39 (Vet. App. 2015). · cites it 4× “241, 243-44 (1991); 38 C.F.R. § 20.1001 (a) (2015). The appellant then has a new 120-day period following the Board Chairman's denial of reconsideration in which to file an NOA with the Court or a new motion for reconsideration with the Board.”
Smith v. Brown, 8 Vet. App. 546 (Vet. App. 1996). · cites it 2× “” 38 C.F.R. § 20.1001 (a). In addition: [The motion] must also set forth clearly and specifically the alleged obvious error, or errors, of fact or law in the applicable decision, or decisions, of the Board or other appropriate basis for requesting Reconsideration.”
David J. Harms v. R. James Nicholson, 20 Vet. App. 238 (Vet. App. 2006). · cites it 2× “§ 7103 (a); 38 C.F.R. § 20.1001 (2005) (contained in part 20, subpart K, entitled "Reconsideration" and not in subpart J, entitled "Actions of the Board"); see also Mayer v.”
Willie J. Threatt v. Robert A. McDonald, 28 Vet. App. 56 (Vet. App. 2016). · cites it 2× “" 38 C.F.R. § 20.1001 (b) (2015). With regard to the effect of motions for reconsideration on a claimant's other appellate rights, the Court has held that, when a claimant files a motion for reconsideration with the Board during the 120-day judicial appeal period, the finality…”
Show all 50 citing cases →
38 C.F.R. § 20.1001(c)(2): 1 case
Patterson v. Brown, 5 Vet. App. 362 (Vet. App. 1993).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.