(a) The hearing official or administrative law judge shall uphold VA’s determination of the existence and amount of the debt unless determined to be erroneous by a preponderance of the evidence.

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Terms Used In 38 CFR 1.987

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

(b) The hearing official or administrative law judge shall uphold VA’s offset schedule unless the schedule would result in extreme hardship to the employee.

(Authority: 5 U.S.C. § 5514)[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]