38 CFR §21.7802
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Agency decisions generally are binding. The decision of the VA facility of original jurisdiction on which an action is based—
- (1)Will be final,
- (2)Will be binding upon all facilities of 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 § 21.7803. (See §§ 19.192 and 19.193 of this chapter).
- (b)Decisions of an Activity within the VA. Current determinations of pertinent elements of eligibility for a program of education made by a VA adjudicative 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.
- (c)Determinations of satisfactory participation. A determination made by a competent military or naval authority or by the Coast Guard as to whether or not an individual is participating satisfactorily in required training as a member of the Selected Reserve is binding upon VA.