38 C.F.R. § 20.105
Rule 105. Criteria governing disposition of appeals
In the consideration of appeals and in its decisions, the Board is bound by applicable statutes, regulations of the Department of Veterans Affairs, and precedent opinions of the General Counsel of the Department of Veterans Affairs. The Board is not bound by Department manuals, circulars, or similar administrative issues.
Notes of Decisions
Cited in 7
cases (6 in the last 5 years), 2020–2024 · leading case: Bryan J. Held v. Denis McDonough (Vet. App. 2023).
Bryan J. Held v. Denis McDonough (Vet. App. 2023). “See 38 C.F.R. § 20.105 (2023). 2 invalidly conditions eligibility for fees in connection with a successful CUE motion to revise an RO decision that had been issued before the effective date of the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), 4 on an NOD…”
Florence Kennedy v. Robert L. Wilkie (Vet. App. 2020). “64 But notice that the inquiry in that case, along with the questions raised in Gray, DAV, and NOVA concerning the propriety of challenging M21-1 provisions directly before the Federal Circuit, is entirely distinct from the inquiry we face today concerning § 3.”
James R. Healey v. Denis McDonough (Vet. App. 2021). “§ 7104 (c); see 38 C.F.R. § 20.105 (2020) ("The Board is not bound by Department manuals, circulars, or similar administrative issues.”
200505-87663 (Board of Vet. App. 2021). “§ 7104 (c) (2012); 38 C.F.R. § 20.105 (2020). 3. Entitlement to service connection for bilateral neuropathy of the lower and upper extremities The Veteran contends that his bilateral neuropathy of the lower and upper extremities are due to his service-connected lumbar and…”
Jack L. Stover v. Denis McDonough (Vet. App. 2022). “McDonough, this Court held that "the significance ascribed to the M21-1 in an individual appeal often turns on the context of the case and the nature of [the] Board's analysis and treatment of the provision—that is, whether and to what extent it relied on or departed from the…”
Christopher C. Hambidge v. Denis McDonough (Vet. App. 2024). “312 , 320 (2021); 38 C.F.R. § 20.105 (2023) ("The Board is not bound by Department manuals.”
Michele M. Bolds v. Denis McDonough (Vet. App. 2024). “We begin our analysis of this question with the unremarkable observations that the Board is bound by applicable statutes and VA regulations, 38 C.F.R. § 20.105 (2024), and that the Court "may not order the Board to ignore the statutes and regulations that limit the record on a…”
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