38 CFR 13.600 – Appeals
Except as prescribed in paragraph (a) of this section, VA decisions regarding fiduciary matters are committed to the Secretary of Veterans Affairs’ discretion by law, as delegated to subordinate officials under this part, and cannot be appealed to the Board of Veterans’ Appeals or any court.
Terms Used In 38 CFR 13.600
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
(a) Appealable decisions. A beneficiary may appeal to the Board of Veterans’ Appeals the following decisions:
(1) The Hub Manager’s appointment of a fiduciary under § 13.100;
(2) The Hub Manager’s removal of a fiduciary under § 13.500;
(3) The Hub Manager’s misuse determination under § 13.400;
(4) The VA Regional Office Director’s final decision upon reconsideration of a misuse determination under § 13.400(d); and
(5) The Director of the Pension and Fiduciary Service’s negligence determination for purposes of reissuance of benefits under § 13.410.
(b) Procedures. (1) VA decisions regarding fiduciary matters are final, subject only to the right of appeal prescribed in this section.
(2) The initiation and processing of appeals under this section are governed by parts 19 and 20 of this chapter.