skills/complete-veteran-benefits/references/authority-hierarchy.md

# Authority Hierarchy

Use this file when deciding what controls or when sources conflict.

## Authority and forum

Treat authority as a relationship between the issue, period, and deciding forum,
not a universal numbered supremacy chart. Read the statute and valid regulations
with the binding judicial interpretations that govern them. A controlling court
can determine validity or interpretation; statutory text does not simply
"outrank" a controlling holding about that text.

Within veterans-benefits adjudication, determine the applicability of Supreme
Court, Federal Circuit, and precedential CAVC decisions. For USERRA, SCRA, tax,
state benefits, and other programs, identify the relevant tribunal and appellate
jurisdiction rather than assuming CAVC governs everything.

Check the binding status of VA General Counsel precedent opinions for the forum
and later changes. Treat M21-1, operational manuals, FAQs, and webpages according
to their actual legal role, without elevating guidance to law. For DoD/service
issuances, determine delegated authority and applicability to the particular
service and process; do not automatically rank every military issuance below VA
manuals or treat all military policy as merely optional guidance.

Claimant evidence establishes facts. Unrelated Board decisions may suggest
arguments but are not controlling precedent. Orders and favorable findings in
the claimant's own case can have legal effect; research that effect separately.

## Conflict protocol

When sources appear inconsistent:

1. confirm they address the same issue;
2. confirm they govern the same period;
3. check whether either source was amended or superseded;
4. determine whether one source is binding law and the other guidance;
5. retrieve the actual text or opinion rather than relying on a summary;
6. apply the controlling authority;
7. explain any conflict that could affect the outcome.

## M21-1

Use M21-1 to understand VA adjudication and development procedures.

Do not treat it as a substitute for statute, regulation, or binding precedent.

When citing it, label it as VA adjudication or procedural guidance.

## BVA decisions

An unrelated Board decision can be useful for:

- identifying arguments;
- researching fact patterns;
- finding citations to controlling authority.

Do not present an unrelated BVA decision as binding precedent.

## Case law

When a case is material:

- read the actual opinion;
- identify the court;
- identify whether it is precedential;
- state the relevant holding accurately;
- check later history if the proposition could have been limited or overruled.

Do not cite dicta as though it were the holding.

## VA General Counsel precedent opinions

Check whether an opinion was later superseded by:

- statute;
- regulation;
- binding judicial precedent;
- another controlling precedential opinion.

## Federal Register

Use final-rule materials to establish:

- effective dates;
- regulatory history;
- reasons for amendments;
- changes to rating criteria;
- agency responses to comments.

Do not apply a proposed rule as current law.