38 CFR 1.987 – Review by the hearing official or administrative law judge
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(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.
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.