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Regulation · 38 CFR § 20.1002

38 CFR 20.1002: How to Request Board Reconsideration

§ 20.1002 Rule 1002. Filing and disposition of motion for reconsideration.

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Claim Raven explanation

What this means

A motion for reconsideration must be written, identify the Board decision and issues, and clearly state the alleged obvious error or other valid basis. This rule addresses filing and disposition of the motion.

A vague request to look again may not explain the grounds the Board needs to evaluate. Although the rule permits filing at any time, separate court-appeal timing questions still require attention.

How this helps your claim

Organize the motion around the identified decision, specific issues, and supporting basis. Keep a complete copy and filing confirmation, together with any Court-related correspondence.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Check that the motion identifies the decision date and each affected issue.
  • State the specific factual or legal error or other applicable ground.
  • Keep filing and disposition notices and review their effect on any intended court appeal.

Make the decision and alleged error identifiable

A written motion should identify the Board decision and the issues involved, then explain the asserted ground with enough detail to evaluate it. A date and issue name help distinguish the motion from correspondence concerning another decision in the same file.

Keep the motion, supporting material and receipt together. The regulation permits filing at any time, but that statement does not resolve every separate Court deadline question. Board motions and Court filings involve different procedures, so timing should not be inferred from this provision alone.

Is please reconsider enough to explain the motion?

A bare request may not state the required grounds. Identify the alleged obvious error or other recognized basis and connect it to the decision. The aim is a specific, understandable contention, not longer wording that still leaves the Board unable to tell what is being challenged.

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Official regulatory text

38 CFR § 20.1002

eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 20.1002 Rule 1002. Filing and disposition of motion for reconsideration.

(a) Application requirements. A motion for Reconsideration must be in writing and must include the name of the veteran; the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf); the applicable Department of Veterans Affairs file number; and the date of the Board of Veterans' Appeals decision, or decisions, to be reconsidered. It must also set forth clearly and specifically the alleged obvious error, or errors, of fact or law in the applicable decision, or decisions, of the Board or other appropriate basis for requesting Reconsideration. If the applicable Board of Veterans' Appeals decision, or decisions, involved more than one issue on appeal, the motion for reconsideration must identify the specific issue, or issues, to which the motion pertains. Issues not so identified will not be considered in the disposition of the motion.

(b) Filing of motion for reconsideration. A motion for reconsideration of a prior Board of Veterans' Appeals decision may be filed at any time. Such motions must be filed at the following address: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.

(c) Disposition. The Chairman will review the sufficiency of the allegations set forth in the motion and, depending upon the decision reached, proceed as follows:

(1) Motion denied. The appellant and representative or other appropriate party will be notified if the motion is denied. The notification will include reasons why the allegations are found insufficient. This constitutes final disposition of the motion.

(2) Motion allowed. If the motion is allowed, the appellant and his or her representative, if any, will be notified. The appellant and the representative will be given a period of 60 days from the date of mailing of the letter of notification to present additional arguments or evidence. The date of mailing of the letter of notification will be presumed to be the same as the date of the letter of notification. The Chairman will assign a Reconsideration panel in accordance with Rule 1004 (§ 20.1004).

(Authority: 38 U.S.C. 7103, 7108)

[57 FR 4109, Feb. 3, 1992, as amended at 81 FR 32650, May 24, 2016. Redesignated and amended at 84 FR 190, 191, Jan. 18, 2019]

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