---
kind: "section"
citation: "38 C.F.R. § 8.30"
title: "38"
number: "8.30"
heading: "Review of Decisions and Appeal to Board of Veterans' Appeals."
url: "https://uscodex.org/cfr/38/8.30"
---

# §8.30. Review of Decisions and Appeal to Board of Veterans' Appeals.

- (a) **Decisions.** This section pertains to insurance decisions involving questions arising under parts [6](/cfr/38/part6.md), [7](/cfr/38/part7.md), 8, and 8a of this chapter, to include the denial of applications for insurance, total disability income provision, or reinstatement; disallowance of claims for insurance benefits; and decisions holding fraud or imposing forfeiture. The applicant or claimant and his or her representative, if any, will be notified in writing of such a decision, which must include, in the notice letter or enclosures or a combination thereof, all of the following elements:
  - (1) **Identification of the issues adjudicated.**
  - (2) **A summary of the evidence considered.**
  - (3) **A summary of the applicable laws and regulations relevant to the decision.**
  - (4) **Identification of findings that are favorable to the claimant.**
  - (5) **For denials, identification of the element(s) not satisfied that led to the denial.**
  - (6) **An explanation of how to obtain or access the evidence used in making the decision.**
  - (7) A summary of the applicable review options available for the claimant to seek further review of the decision.
- (b) **Favorable findings.** Any finding favorable to the claimant or applicant is binding on all subsequent agency of original jurisdiction and Board of Veterans' Appeals adjudicators, unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding.
- (c) **Review of decisions.** Within one year from the date on which the agency of original jurisdiction issues notice of an insurance decision as outlined in [paragraph (a)](#a) of this section, applicants or claimants may elect one of the following administrative review options by timely filing the appropriate form prescribed by the Secretary:
  - (1) **Supplemental claim review.** The nature of this review will accord with [§ 3.2501](/cfr/38/3.2501.md) of this title to the extent the terms used therein apply to insurance matters.
  - (2) **Request for a higher-level review.** The nature of this review will accord with [§ 3.2601](/cfr/38/3.2601.md) of this title to the extent the terms used therein apply to insurance matters. Higher-level reviews will be conducted by an experienced adjudicator who did not participate in the prior decision. Selection of a higher-level adjudicator to conduct a higher-level review is at VA's discretion.
  - (3) Appeal to Board of Veterans' Appeals. See [38 CFR part 20](/cfr/38/part20.md).
- (d) **Part 3 provisions.** See [§ 3.2500(b) through (d)](/cfr/38/3.2500.md?p=b..d) of this chapter for principles that generally apply to a veteran's election of review of an insurance decision.
- (e) **Applicability.** This section applies where notice of an insurance decision was provided to an applicant or claimant on or after the effective date of the modernized review system as provided in [§ 19.2(a)](/cfr/38/19.2.md?p=a) of this chapter, or where an applicant or claimant has elected review of a legacy claim under the modernized review system as provided in [§ 3.2400(c)](/cfr/38/3.2400.md?p=c) of this title.
- (f) **Unpaid premiums.** When a claimant or applicant elects a review option under [paragraph (c)](#c) of this section, any unpaid premiums, normally due under the policy from effective date of issue or reinstatement (as appropriate), will become an interest-bearing lien, enforceable as a legal debt due the United States and subject to all available collection procedures in the event of a favorable result for the claimant or applicant.
- (g) **Premium payments.** Despite a claimant's or applicant's election of a review option under [paragraph (c)](#c) of this section, where the agency of original jurisdiction's decision involved a change in or addition to insurance currently in force, premium payments must be continued on the existing contract.
- (h) **Section 1984.** Nothing in this section shall limit an applicant's or claimant's right to pursue actions under [38 U.S.C. 1984](/usc/38/1984.md).

## Notes

### Amendments

[84 FR 173, Jan. 18, 2019]

### Authority

Authority: 38 U.S.C. 501, 1901-1929, 1981-1988, unless otherwise noted.

### Amendments

[84 FR 173, Jan. 18, 2019]