Claim Raven explanation
What this means
A Board decision is final unless the Board Chairman orders reconsideration, either on the Chairman's initiative or on a claimant's motion. The Board may also correct an obvious error in the record on its own motion.
When reconsideration is ordered, a decision originally made by one Board member goes to a panel of at least three members; a panel decision goes to an enlarged panel. Original decision-makers may not sit on the reconsideration panel. The panel reviews the entire record before the Board, decides by majority vote, and issues the Board's final decision.
How this helps your claim
Reconsideration is a specific Board procedure. It should not be confused with a motion alleging clear and unmistakable error, an appeal to the Court of Appeals for Veterans Claims, or another review option.
What to check in your records
Identify the Board decision, the alleged reconsideration basis, and every other filing deadline or review path that may remain relevant.
- Keep the complete dated Board decision and mailing or electronic notice.
- Preserve the reconsideration motion, exhibits, and proof of receipt.
- Track separately any Court appeal or other Board motion and its deadline.
State the claimed error with a record citation
Identify the finding or legal point in the Board decision and the exact record showing the problem. A disagreement with the result is less specific than showing a material factual or legal issue within the reconsideration framework.
Do not assume a reconsideration motion protects every other deadline. Court appeal timing and other motions are governed by separate provisions and current rules. Preserve the Board decision date and obtain qualified review promptly when more than one path may be available.
Is Board reconsideration the same as a clear-and-unmistakable-error motion?
No. Reconsideration under section 7103 and revision for clear and unmistakable error under section 7111 are separate procedures with different standards. A Court appeal is another separate path.
Official statutory text
38 USC § 7103
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 7103. Reconsideration; correction of obvious errors
(a) The decision of the Board determining a matter under section 7102 of this title is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an order may be made on the Chairman’s initiative or upon motion of the claimant.
(b)(1) Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred—
(A) in the case of a matter originally decided by a single member of the Board, to a panel of not less than three members of the Board; or
(B) in the case of a matter originally decided by a panel of members of the Board, to an enlarged panel of the Board.
(2) A panel referred to in paragraph (1) may not include the member, or any member of the panel, that made the decision subject to reconsideration.
(3) A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision of the panel shall be made by a majority vote of the members of the panel. The decision of the panel shall constitute the final decision of the Board.
(c) The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration.
Related references
- 38 USC § 7104: What a Board Decision Must Address
- 38 USC § 7111: Clear and Unmistakable Error in a Board Decision
- 38 USC § 7252: What the Veterans Court may review
- 38 USC § 7266: Appealing a Board Decision to the Veterans Court
Ready to review your own document? Start your free claim review.