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38 U.S.C. § 7103 — Reconsideration; correction of obvious errors
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The decision of the Board determining a matter under [section 7102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7102&num=0&edition=prelim) is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an order may be made on the Chairman’s initiative or upon motion of the claimant.
**(b)**
(1) Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred—
(A) in the case of a matter originally decided by a single member of the Board, to a panel of not less than three members of the Board; or
(B) in the case of a matter originally decided by a panel of members of the Board, to an enlarged panel of the Board.
(2) A panel referred to in paragraph (1) may not include the member, or any member of the panel, that made the decision subject to reconsideration.
(3) A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision of the panel shall be made by a majority vote of the members of the panel. The decision of the panel shall constitute the final decision of the Board.
**(c)** The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7103
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Stable record: federal_law:legal_authorities:record_usc_40bda3c0df332140dd4b0505
Source file: Laws/federal/codes/united-states-code/title-38/section-7103-reconsideration-correction-of-obvious-errors--ce99f48e70.md
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Passage SHA-256: 15c0b2a92e8719d738fc6ba12ec35f0a4c4f8b5472c27f04ce7786b26dd88aaa
Source location: Title 38, Chapter 71, § 7103; chapter-071-board-of-veterans-appeals.md
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**(a)** The decision of the Board determining a matter under [section 7102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7102&num=0&edition=prelim) is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an order may be made on the Chairman’s initiative or upon motion of the claimant.
**(b)**
(1) Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred—
(A) in the case of a matter originally decided by a single member of the Board, to a panel of not less than three members of the Board; or
(B) in the case of a matter originally decided by a panel of members of the Board, to an enlarged panel of the Board.
(2) A panel referred to in paragraph (1) may not include the member, or any member of the panel, that made the decision subject to reconsideration.
(3) A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision of the panel shall be made by a majority vote of the members of the panel. The decision of the panel shall constitute the final decision of the Board.
**(c)** The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration.
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established, under Article I of the Constitution of the United States, a court of record to be known as the United States Court of Appeals for Veterans Claims.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7251
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A proceeding instituted before the Board may be assigned to an individual member of the Board or to a panel of not less than three members of the Board. A member or panel assigned a proceeding shall make a determination thereon, including any motion filed in connection therewith. The member or panel, as the case may be, shall make a report under [section 7104(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7104/d&num=0&edition=prelim) on any such determination, which report shall constitute the final disposition of the proceeding by the member or panel.
**(b)** A proceeding may not be assigned to the Chairman as an individual member. The Chairman may participate in a proceeding assigned to a panel or in a reconsideration assigned to a panel of members.
**(c)**
(1) The Secretary shall ensure that there is offered to each member of the Board an annual training on military sexual trauma and proceedings that concern a claim for compensation based on military sexual trauma experienced by a veteran.
(2) A proceeding that concerns a claim specified in paragraph (1) may not be assigned to an individual member of the Board or to a panel of members unless the individual member, or each member of the panel, as the case may be, has completed the annual training most recently offered to that member pursuant to such paragraph.
(3) In this subsection, the term “military sexual trauma” has the meaning given that term in [section 1166(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1166/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7102
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of a decision by the Secretary under [section 511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511&num=0&edition=prelim) affecting the provision of benefits to a claimant, the Secretary shall, on a timely basis, provide to the claimant (and to the claimant’s representative) notice of such decision. The notice shall include an explanation of the procedure for obtaining review of the decision.
**(b)** Each notice provided under subsection (a) shall also include all of the following:
(1) Identification of the issues adjudicated.
(2) A summary of the evidence considered by the Secretary.
(3) A summary of the applicable laws and regulations.
(4) Identification of findings favorable to the claimant.
(5) In the case of a denial, identification of elements not satisfied leading to the denial.
(6) An explanation of how to obtain or access evidence used in making the decision.
(7) If applicable, identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation.
**(c)** The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.
**(d)** The Secretary shall annually—
(1) solicit recommendations from stakeholders on how to improve notice under this section; and
(2) publish such recommendations on a publicly available website of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5104
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Federal law — U.S. Code and appendices · legal_authorities
Page 1125
TITLE 38—VETERANS’ BENEFITS
§ 7103
in subsection (a) take effect, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans’
Affairs of the Senate and House of Representatives a
report describing the standards established by the
Chairman of the Board of Veterans’ Appeals.’’
§ 7102. Assignment of members of Board
(a) A proceeding instituted before the Board
may be assigned to an individual member of the
Board or to a panel of not less than three mem-
bers of the Board. A member or panel assigned a
proceeding shall make a determination thereon,
including any motion filed in connection there-
with. The member or panel, as the case may be,
shall make a report under section 7104(d) of this
title on any such determination, which report
shall constitute the final disposition of the pro-
ceeding by the member or panel.
(b) A proceeding may not be assigned to the
Chairman as an individual member. The Chair-
man may participate in a proceeding assigned to
a panel or in a reconsideration assigned to a
panel of members.
(c)(1) The Secretary shall ensure that there is
offered to each member of the Board an annual
training on military sexual trauma and pro-
ceedings that concern a claim for compensation
based on military sexual trauma experienced by
a veteran.
(2) A proceeding that concerns a claim speci-
fied in paragraph (1) may not be assigned to an
individual member of the Board or to a panel of
members unless the individual member, or each
member of the panel, as the case may be, has
completed the annual training most recently of-
fered to that member pursuant to such para-
graph.
(3) In this subsection, the term ‘‘military sex-
ual trauma’’ has the meaning given that term in
section 1166(c) of this title.
(Pub. L. 85–857
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7103
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.