[Code of Federal Regulations] [Title 5, Volume 1, Parts 1 to 699] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR178.105] [Page 24] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 178--PROCEDURES FOR SETTLING CLAIMS--Table of Contents Subpart A--Administrative Claims--Compensation and Leave, Deceased Employees' Accounts and Proceeds of Canceled Checks for Veterans' Benefits Payable to Deceased Beneficiaries Sec. 178.105 Basis of claim settlements. The burden is upon the claimant to establish the timeliness of the claim, the liability of the United States, and the claimant's right to payment. The settlement of claims is based upon the written record only, which will include the submissions by the claimant and the agency. OPM will accept the facts asserted by the agency, absent clear and convincing evidence to the contrary.