38 USC § 5104A - Binding nature of favorable findings

---
identifier: "/us/usc/t38/s5104A"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 5104A - Binding nature of favorable findings"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "5104A"
section_name: "Binding nature of favorable findings"
chapter_number: 51
chapter_name: "CLAIMS, EFFECTIVE DATES, AND PAYMENTS"
subchapter_number: "I"
subchapter_name: "CLAIMS"
part_number: "IV"
part_name: "GENERAL ADMINISTRATIVE PROVISIONS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 115–55, § 2(f)(1), Aug. 23, 2017, 131 Stat. 1107.)"
---


# § 5104A. Binding nature of favorable findings

section 5104(b)(4) of this title

Any finding favorable to the claimant as described in  shall be binding on all subsequent adjudicators within the Department, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.

---

**Source Credit**: (Added Pub. L. 115–55, § 2(f)(1), Aug. 23, 2017, 131 Stat. 1107.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under  on or after the later of 540 days after , or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by  and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see , set out as an Effective Date of 2017 Amendment note under , and bracketed note thereunder.