38 CFR 1.969 - Revision of waiver decisions.

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§ 1.969 Revision of waiver decisions.
(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]

Title 38 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-03-14; vol. 79 # 50 - Friday, March 14, 2014
    1. 79 FR 14400 - Disclosures to Participate in State Prescription Drug Monitoring Programs
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      This rule is effective on March 14, 2014.
      38 CFR Part 1

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United States Code
Presidential Documents

Executive Order ... 9865

Executive Order ... 10096

Title 38 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 1 after this date.

  • 2014-03-14; vol. 79 # 50 - Friday, March 14, 2014
    1. 79 FR 14400 - Disclosures to Participate in State Prescription Drug Monitoring Programs
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      This rule is effective on March 14, 2014.
      38 CFR Part 1