405.440—Actions that the Decision Review Board may take.
(a) General.
The Board may review the administrative law judge's findings of fact and application of the law. It will apply the substantial evidence standard in reviewing the findings of fact, but review de novo the application of the law.
(b)
Subject to the provision of § 405.420(a)(2), when it reviews a claim that has been referred to it, the Board may take one of the following actions:
(1)
If the administrative law judge's decision is supported by substantial evidence and there is no significant error of law, affirm the decision;
(2)
Where there is an error of law, issue its own decision which affirms, reverses, or modifies the administrative law judge's decision;
(3)
Where there are factual findings that are unsupported by substantial evidence and further development is necessary to reach a decision, remand your claim to the administrative law judge for further proceedings consistent with the Board's order. If the Board remands your claim to the administrative law judge for further proceedings, the administrative law judge must take any action that is specified by the Board in its remand order and may take any additional action that is not inconsistent with the Board's remand order.