[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR19.7]

[Page 62-63]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS--Table of Contents
 
         Subpart A--Operation of the Board of Veterans' Appeals
 
Sec. 19.7  The decision.

    (a) Decisions based on entire record. The appellant will not be 
presumed to be in agreement with any statement of fact contained in a 
Statement of the Case to which no exception is taken. Decisions of the 
Board are based on a review of the entire record.


(Authority: 38 U.S.C. 7104(a), 7105(d)(4))

    (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 issues remanded to the agency of 
original jurisdiction for further development of the case and appeals 
which are dismissed because the issue has been resolved by 
administrative action or because an appellant seeking nonmonetary 
benefits has died while the appeal was pending, the decision will also 
include separately stated findings of fact and conclusions of law on all 
material issues of fact and law presented on the record, the reasons or 
bases for those findings and conclusions, and an order granting or 
denying the benefit or benefits sought on appeal or dismissing the 
appeal.


(Authority: 38 U.S.C. 7104(d))


[[Page 63]]


    (c) A decision by a panel of Members will be by a majority vote of 
the panel Members.

[57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996]