Reconsideration of an appellate decision may be accorded at any time by the Board of Veterans’ Appeals on motion by the appellant or his or her representative or on the Board’s own motion:

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Terms Used In 38 CFR 20.1001

  • Allegation: something that someone says happened.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(a) Upon allegation of obvious error of fact or law;

(b) Upon discovery of new evidence in the form of relevant records or reports of the service department concerned; or

(c) Upon allegation 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.

(Authority: 38 U.S.C. § 7103, 7104) [57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 190, 191, Jan. 18, 2019]