# 38 CFR § 20.801: Rule 801. The decision

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-20.801

## Section

- **Citation:** 38 CFR § 20.801
- **Heading:** Rule 801. The decision
- **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 I—Appeals Processing

## Text

(a) General. Decisions of the Board will be based on a de novo review of the evidence of record at the time of the agency of original jurisdiction decision on the issue or issues on appeal, and any additional evidence submitted pursuant to Rules 302 and 303 (§§ 20.302 and 20.303). Any findings favorable to the claimant as identified by the agency of original jurisdiction in notification of a decision or in a prior Board decision on an issue on appeal are binding on all agency of original jurisdiction and Board of Veterans' Appeals adjudicators, unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding. For purposes of this section, findings means conclusions on questions of fact and application of law to facts made by an adjudicator concerning the issue under review.
(b) Content. The decision of the Board will be in writing and will set forth specifically the issue or issues under appellate consideration. Except with respect to appeals which are dismissed because an appellant seeking nonmonetary benefits has died while the appeal was pending, the decision will also include:
(1) Findings of fact and conclusions of law on all material issues of fact and law presented on the record;
(2) The reasons or bases for those findings and conclusions;
(3) A general statement reflecting whether any evidence was received at a time when not permitted under subpart D, and informing the appellant that any such evidence was not considered by the Board and of the options available to have that evidence reviewed by the Department of Veterans Affairs; and
(4) An order granting or denying the benefit or benefits sought on appeal, dismissing the appeal, or remanding the issue or issues as described in Rule 802 (§ 20.802).
(c) Panel decision. A decision by a panel of Members will be by a majority vote of the panel Members.
(Authority: 38 U.S.C. 7104(d))
[84 FR 188, 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-20.801. Check the current official text before relying on it. Not legal advice.