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Regulation · 38 CFR § 20.1100

38 CFR 20.1100: Final Board Decisions Versus Remands

§ 20.1100 Rule 1100. Finality of decisions of the Board.

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Claim Raven explanation

What this means

This rule describes when Board decisions become final and distinguishes a remand from a final decision. A remand is a preliminary order directing additional action on an issue.

One document can contain a final denial or grant for one issue and a remand for another. The next review step must therefore be assessed separately for each disposition.

How this helps your claim

Read the order at the end of the decision and label each issue by its result. That helps you distinguish a court-appeal question from development that is still pending at VA.

What to check in your records

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

  • Identify the date stamped on the Board decision.
  • Separate final dispositions from remanded issues.
  • Match each issue with its appeal-rights notice or required remand development.

Separate final outcomes from remanded issues

The order at the end of a Board decision can contain different dispositions. A remand directs more work, while a final determination resolves an issue at that stage. Read each issue's outcome rather than assuming the entire document has one procedural effect.

Keep any notice of review rights with the final dispositions and the remand instructions with the issues still being developed. This prevents an unfinished remanded matter from being confused with an issue that may have a separate deadline for further review.

Does a remand mean there is no final decision anywhere in the document?

No. A Board decision can be mixed. One issue may be final while another is remanded. The next procedural step must be assessed for each issue individually, using the actual order and applicable review rules rather than a single overall label.

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Official regulatory text

38 CFR § 20.1100

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

§ 20.1100 Rule 1100. Finality of decisions of the Board.

(a) General. All decisions of the Board will be stamped with the date of mailing on the face of the decision. Unless the Chairman of the Board orders reconsideration, and with the exception of matters listed in paragraph (b) of this section, all Board decisions are final on the date stamped on the face of the decision. With the exception of matters listed in paragraph (b) of this section, the decision rendered by the reconsideration Panel in an appeal in which the Chairman has ordered reconsideration is final.

(b) Exceptions. Final Board decisions are not subject to review except as provided in 38 U.S.C. 1975 and 1984 and 38 U.S.C. chapters 37 and 72. A remand is in the nature of a preliminary order and does not constitute a final decision of the Board.

(Authority: 38 U.S.C. 511(a), 7103, 7104(a))

[57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20453, May 7, 1996]

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