# 38 C.F.R. § 20.1000 (2026): Rule 1000. Vacating a decision

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1000

## Section

- **Citation:** 38 C.F.R. § 20.1000 (2026)
- **Heading:** Rule 1000. Vacating a decision
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 38 CFR: Pensions, Bonuses, and Veterans' Relief / Chapter I: DEPARTMENT OF VETERANS AFFAIRS / Part 20: BOARD OF VETERANS' APPEALS: RULES OF PRACTICE / Subpart K: Vacatur and Reconsideration / § 20.1000: § 20.1000   Rule 1000. Vacating a decision.

## Text

An appellate decision may be vacated by the Board of Veterans' Appeals at any time upon request of the appellant or his or her representative, or on the Board's own motion, on the following grounds:
(a)
Denial of due process.
Examples of circumstances in which denial of due process of law will be conceded are:
(1) When the appellant was denied his or her right to representation through action or inaction by Department of Veterans Affairs or Board of Veterans' Appeals personnel,
(2) When there was a prejudicial failure to afford the appellant a personal hearing. (Where there was a failure to honor a request for a hearing and a hearing is subsequently scheduled, but the appellant fails to appear, the decision will not be vacated.), and
(3) For a legacy appeal, as defined in § 19.2 of this chapter, when a Statement of the Case or required Supplemental Statement of the Case was not provided.
(b)
Allowance of benefits based on false or fraudulent evidence.
Where it is determined on reconsideration 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, the prior decision will be vacated only with respect to the issue or issues to which, within the judgment of the Board, the false or fraudulent evidence was material.
(Authority: 38 U.S.C. 7104(a))
[57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 177, 191, Jan. 18, 2019, as amended at 84 FR 4337, Feb. 15, 2019]

## Nearby sections

- [38 C.F.R. § 20.1000 (2026) § 20.1000   Rule 1000. Vacating a decision.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1000.md)
- [38 C.F.R. § 20.1001 (2026) § 20.1001   Rule 1001. When reconsideration is accorded.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1001.md)
- [38 C.F.R. § 20.1002 (2026) § 20.1002   Rule 1002. Filing and disposition of motion for reconsideration.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1002.md)
- [38 C.F.R. § 20.1003 (2026) § 20.1003   Rule 1003. Hearings on reconsideration.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1003.md)
- [38 C.F.R. § 20.1004 (2026) § 20.1004   Rule 1004. Reconsideration panel.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1004.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1000. Check the current official text before relying on it. Not legal advice.