# 38 CFR § 20.1409: Rule 1409. Finality and appeal

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-20.1409

## Section

- **Citation:** 38 CFR § 20.1409
- **Heading:** Rule 1409. Finality and appeal
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE > Subpart O—Revision of Decisions on Grounds of Clear and Unmistakable Error

## Text

(a) A decision on a motion filed by a party or initiated by the Board pursuant to this subpart will be stamped with the date of mailing on the face of the decision, and is final on such date. The party and his or her representative, if any, will be provided with copies of the decision.
(b) For purposes of this section, a dismissal without prejudice under Rule 1404(a)(§ 20.1404(a) of this part), Rule 1404(b)(§ 20.1404(b)), or Rule 1404(f)(§ 20.1404(f)), or a referral under Rule 1405, paragraph (d) (§ 20.1405(d) of this part) is not a final decision of the Board.
(c) Once there is a final decision on a motion under this subpart relating to a prior Board decision on an issue, that prior Board decision on that issue is no longer subject to revision on the grounds of clear and unmistakable error. Subsequent motions relating to that prior Board decision on that issue shall be dismissed with prejudice.
(d) Chapter 72 of title 38, United States Code (relating to judicial review), applies with respect to final decisions on motions filed by a party or initiated by the Board pursuant to this subpart.
(Authority: 38 U.S.C. 501(a); Pub. L. 105-111)
[64 FR 2139, Jan. 13, 1999, as amended at 66 FR 35903, July 10, 2001; 84 FR 193, Jan. 18, 2019]

## Nearby sections

- [38 CFR § 20.1 § 20.1 Rule 1. Purpose and construction of Rules of Practice.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.1.md)
- [38 CFR § 20.2 § 20.2 Rule 2. Procedure in absence of specific Rule of Practice.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.2.md)
- [38 CFR § 20.3 § 20.3 Rule 3. Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.3.md)
- [38 CFR § 20.4 § 20.4 Rule 4. Appeal systems definitions and applicability provisions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.4.md)
- [38 CFR § 20.5 § 20.5 Rule 5. Right to representation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.5.md)
- [38 CFR § 20.6 § 20.6 Rule 6. Withdrawal of services by a representative.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.6.md)
- [38 CFR § 20.100 § 20.100 Rule 100. Establishment of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.100.md)
- [38 CFR § 20.101 § 20.101 Rule 101. Composition of the Board; titles.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.101.md)
- [38 CFR § 20.102 § 20.102 Rule 102. Name, business hours, and mailing address of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.102.md)
- [38 CFR § 20.103 § 20.103 Rule 103. Principal functions of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.103.md)
- [38 CFR § 20.104 § 20.104 Rule 104. Jurisdiction of the Board.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.104.md)
- [38 CFR § 20.105 § 20.105 Rule 105. Criteria governing disposition of appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.105.md)
- [38 CFR § 20.106 § 20.106 Rule 106. Assignment of proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.106.md)
- [38 CFR § 20.107 § 20.107 Rule 107. Disqualification of Members.](https://www.frixlaw.com/law-library/statutes/ecfr-38-20.107.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-20.1409. Check the current official text before relying on it. Not legal advice.