[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR3.104]

[Page 186]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 3_ADJUDICATION--Table of Contents
 
     Subpart A_Pension, Compensation, and Dependency and Indemnity 
                              Compensation
 
Sec. 3.104  Finality of decisions.

    (a) A decision of a duly constituted rating agency or other agency 
of original jurisdiction shall be final and binding on all field offices 
of the Department of Veterans Affairs as to conclusions based on the 
evidence on file at the time VA issues written notification in 
accordance with 38 U.S.C. 5104. A final and binding agency decision 
shall not be subject to revision on the same factual basis except by 
duly constituted appellate authorities or except as provided in Sec. 
3.105 and Sec. 3.2600 of this part.
    (b) Current determinations of line of duty, character of discharge, 
relationship, dependency, domestic relations questions, homicide, and 
findings of fact of death or presumptions of death made in accordance 
with existing instructions, and by application of the same criteria and 
based on the same facts, by either an Adjudication activity or an 
Insurance activity are binding one upon the other in the absence of 
clear and unmistakable error.

[29 FR 1462, Jan. 29, 1964, as amended at 29 FR 7547, June 12, 1964; 56 
FR 65846, Dec. 19, 1991; 66 FR 21874, May 2, 2001]