---
kind: "section"
citation: "38 C.F.R. § 18b.73"
title: "38"
number: "18b.73"
heading: "Final decisions."
url: "https://uscodex.org/cfr/38/18b.73"
---

# §18b.73. Final decisions.

- (a) Where the hearing is conducted by a hearing examiner who makes an initial decision, if no exceptions thereto are filed within the 20-day period specified in [§ 18b.72](/cfr/38/18b.72.md), such decision shall become the final decision of the Department of Veterans Affairs, and shall constitute “final agency action” within the meaning of [5 U.S.C. 704](/usc/5/704.md) (formerly section 10(c) of the Administrative Procedure Act), subject to the provisions of [§ 18b.75](/cfr/38/18b.75.md).
- (b) Where the hearing is conducted by an administrative law judge who makes a recommended decision or upon the filing of exceptions to an administrative law judge's initial decision, the reviewing authority shall review the recommended or initial decision and shall issue a decision thereon, which shall become the final decision of VA, and shall constitute “final agency action” within the meaning of [5 U.S.C. 704](/usc/5/704.md) (formerly section 10(c) of the Administrative Procedures Act), subject to the provisions of [§ 18b.75](/cfr/38/18b.75.md).
- (c) All final decisions shall be promptly served on all parties, and amici, if any.

## Notes

### Amendments

[35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986; 54 FR 34984, Aug. 23, 1989]

### Authority

Authority: 5 U.S.C. 301, 38 U.S.C. 501 and 38 CFR 18.9(d) and appendix A, part 18.

### Source

Source: 35 FR 10760, July 2, 1970, unless otherwise noted.

### Amendments

[35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986; 54 FR 34984, Aug. 23, 1989]