Title 38, Veterans' BenefitsRelease 119-102
§5104A Binding Nature of Favorable Findings
Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 51 — CLAIMS, EFFECTIVE DATES, AND PAYMENTS › SUBCHAPTER I — CLAIMS › § 5104A
Summary
Later Department decision-makers must accept prior favorable findings unless clear and convincing evidence rebuts them.
Full Legal Text
Title 38, §5104A
Veterans' Benefits, Source: USLM XML via OLRC
Any finding favorable to the claimant as described in section 5104(b)(4) of this title shall be binding on all subsequent adjudicators within the Department, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an
Effective Date
of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
Reference
Citations & Metadata
Citation
38 U.S.C. § 5104A
Title 38, Veterans' Benefits
Last Updated
Aug 21, 2026
Release point: 119-102