CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Retroactive Effect of Changes in Board Rulings
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1107.09000 – Retroactive Effect of Changes in Board Rulings
Because the Board’s decision does not change a settled rule, overturn prior precedent or a longstanding and widespread practice expressly approved in prior precedent, but instead decides a legal question by elucidating and applying prior precedent, the Board decision is given retroactive effect.