---
kind: "section"
citation: "38 C.F.R. § 21.7802"
title: "38"
number: "21.7802"
heading: "Finality of decisions."
url: "https://uscodex.org/cfr/38/21.7802"
---

# §21.7802. Finality of decisions.

- (a) **Agency decisions generally are binding.** The decision of the VA facility of original jurisdiction on which an action is based—
  - (1) Will be final,
  - (2) Will be binding upon all facilities of VA as to conclusions based on evidence on file at that time, and
  - (3) Will not be subject to revision on the same factual grounds except by duly constituted appellate authorities or except as provided in [§ 21.7803](/cfr/38/21.7803.md). (See §§ [19.192](/cfr/38/19.192.md) and [19.193](/cfr/38/19.193.md) of this chapter).
- (b) **Decisions of an Activity within the VA.** Current determinations of pertinent elements of eligibility for a program of education made by a VA adjudicative activity by application of the same criteria and based on the same facts are binding one upon the other in the absence of clear and unmistakable error.
- (c) **Determinations of satisfactory participation.** A determination made by a competent military or naval authority or by the Coast Guard as to whether or not an individual is participating satisfactorily in required training as a member of the Selected Reserve is binding upon VA.

## Notes

### Amendments

[53 FR 34740, Sept. 8, 1988, as amended at 61 FR 29483, June 11, 1996]

### Authority

Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36, and as noted in specific sections.

### Source

Source: 53 FR 34740, Sept. 8, 1988, unless otherwise noted.

### Amendments

[53 FR 34740, Sept. 8, 1988, as amended at 61 FR 29483, June 11, 1996]