38 U.S.C. § 5104A — Binding nature of favorable findings
submitted 9 years ago by Pub. L. 115-55 to r/title-38-VETERANS-BENEFITS · 39 words · no verdicts yet
A finding favorable to a claimant must bind later Department decision makers. They may reject it only when clear and convincing evidence rebuts the finding.
Any finding favorable to the claimant* as described in section 5104(b)(4) of this title must be binding on all subsequent adjudicators within the Department*, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.
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.
Source credit: (Added Pub. L. 115–55, § 2(f)(1), Aug. 23, 2017, 131 Stat. 1107.)
- 2017Enacted · Pub. L. 115-55 · 131 Stat. 1107
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-55 on 2017-08-23.
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