CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Request for Reconsideration

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To establish a basis for reconsideration based upon a prejudicial error of fact, the Board’s errors must be factual, not legal, in nature. A disagreement over the legal analysis employed by the Board is not grounds for reconsideration even if it amounts to a prejudicial error of law resulting from application of its own case law. Failure to raise an issue on exceptions to the administrative law judge’s decision precludes consideration of that issue on reconsideration.