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38 U.S.C. § 7102 — Assignment of members of Board
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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Source file: Laws/federal/codes/united-states-code/title-38/section-7102-assignment-of-members-of-board--12a34f4dff.md
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Source location: Title 38, Chapter 71, § 7102; chapter-071-board-of-veterans-appeals.md
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**(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).
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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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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. § 7102
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.