(a) Scope of review. The Board has authority to review decisions on appeal as fully and finally as might the Secretary, subject to any limitations on its authority imposed by the Secretary. The Board may at any time before issuance of its decision raise or consider any matter that it deems material, whether or not raised by the parties. The Board may affirm, modify, vacate, set aside, or reverse any decision properly brought before it for review, and may remand the matter as may be just under the circumstances.

(b) Burden to show error. The party appealing a decision of a bureau, office, or ALJ has the burden to show that an error was made.

(c) Standards of review. Generally, the Board will exercise its review authority as follows:

(1) The Board will review the decision on appeal for error by applying the standards of review set forth in the Administrative Procedure Act, 5 U.S.C. 706(2).

(2) The Board will review questions of law de novo.

(3) The Board will not overturn a bureau or office decision on the basis of a harmless error.