38 CFR 14.507 - Opinions

Cite as38 CFR 14.507
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22 practice notes
  • Part II
    • United States
    • Federal Register May 22, 2008
    • May 22, 2008
    ...A written legal opinion of the General Counsel involving laws administered by VA is binding as to all VA employees and officials, 38 CFR 14.507(a), to include the Board. 38 U.S.C. 7104(c) (``[t]he Board shall be bound in its decisions by the regulations of the Department, instructions of th......
  • Ashford Univ., LLC v. Sec'y of Veterans Affairs, 2018-1213
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • March 3, 2020
    ...VA General Counsel opinion) that VA regulations expressly make "subject to the provisions of § 552(a)(1)." Id. at 1413 ; see 38 C.F.R. § 14.507. Neither of these circumstances is present here. "Though general policy considerations may influence the [VA’s] decision, the decision will not mak......
  • Beyond 'T.B.D.': Understanding va's evaluation of a former servicemember's benefit eligibility following involuntary or punitive discharge from the Armed forces
    • United States
    • Military Law Review Nbr. 214, December 2012
    • December 1, 2012
    ...the Office of General Counsel “shall be conclusive as to all Department officials and employees with respect to the matter at issue.” 38 C.F.R. § 14.507(a) (2013). 112 MILITARY LAW REVIEW [Vol. 214 noncombatant duties as “1-A-0” conscientious objectors are not subject to discharge for consc......
  • Splane v. West Jr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • June 23, 2000
    ...are complied with, particularly with respect to opinions and interpretations of the General Counsel." (emphasis added). See also 38 C.F.R. § 14.507(b) ("Written legal opinions [of the General Counsel] designated as precedent opinions . . . shall be considered by Department of Veterans Affai......
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13 cases
  • Ashford Univ., LLC v. Sec'y of Veterans Affairs, 2018-1213
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • March 3, 2020
    ...VA General Counsel opinion) that VA regulations expressly make "subject to the provisions of § 552(a)(1)." Id. at 1413 ; see 38 C.F.R. § 14.507. Neither of these circumstances is present here. "Though general policy considerations may influence the [VA’s] decision, the decision will not mak......
  • Splane v. West Jr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • June 23, 2000
    ...are complied with, particularly with respect to opinions and interpretations of the General Counsel." (emphasis added). See also 38 C.F.R. § 14.507(b) ("Written legal opinions [of the General Counsel] designated as precedent opinions . . . shall be considered by Department of Veterans Affai......
  • Blue Water Navy Viet. Veterans Ass'n, Inc. v. McDonald, Civil Action No. 13–cv–1187 TSC
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 11, 2015
    ...The General Counsel may issue opinions which are precedential, meaning they govern benefits determinations in future cases. 38 C.F.R. § 14.507.5 Citations to “AR” refer to the administrative record.6 Plaintiffs also rely on a 2009 IOM study which “recommend[ed] that members of the Blue Wate......
  • Blue Water Navy Viet. Veterans Ass'n, Inc. v. McDonald, No. 15-5109
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 29, 2016
    ...by its General Counsel, see VA Op. Gen. Counsel Prec. 27-97, which was precedential and therefore binding upon the agency, see 38 C.F.R. § 14.507(b). And it reiterated its stance in, among other documents, an agency policy manual. The agency then declined to reconsider the policy in a 2012 ......
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