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38 U.S.C. § 7101A — Members of Board: appointment; pay; performance review
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The members of the Board of Veterans’ Appeals other than the Chairman (and including the Vice Chairman) shall be appointed by the Secretary, with the approval of the President, based upon recommendations of the Chairman.
(2) Each member of the Board shall be a member in good standing of the bar of a State.
**(b)** Members of the Board (other than the Chairman and any member of the Board who is a member of the Senior Executive Service) shall, in accordance with regulations prescribed by the Secretary, be paid basic pay at rates equivalent to the rates payable under [section 5372 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5372&num=0&edition=prelim).
**(c)**
(1)
(A) The Chairman shall establish a panel to review the performance of members of the Board. The panel shall be comprised of the Chairman and two other members of the Board (other than the Vice Chairman). The Chairman shall periodically rotate membership on the panel so as to ensure that each member of the Board (other than the Vice Chairman) serves as a member of the panel for and within a reasonable period.
(B) Not less than one year after the job performance standards under subsection (f) are initially established, and not less often than once every three years thereafter, the performance review panel shall determine, with respect to each member of the Board (other than the Chairman or a member who is a member of the Senior Executive Service), whether that member’s job performance as a member of the Board meets the performance standards for a member of the Board established under subsection (f). Each such determination shall be in writing.
(2) If the determination of the performance review panel in any case is that the member’s job performance as
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Source location: Title 38, Chapter 71, § 7101A; chapter-071-board-of-veterans-appeals.md
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**(a)**
(1) The members of the Board of Veterans’ Appeals other than the Chairman (and including the Vice Chairman) shall be appointed by the Secretary, with the approval of the President, based upon recommendations of the Chairman.
(2) Each member of the Board shall be a member in good standing of the bar of a State.
**(b)** Members of the Board (other than the Chairman and any member of the Board who is a member of the Senior Executive Service) shall, in accordance with regulations prescribed by the Secretary, be paid basic pay at rates equivalent to the rates payable under [section 5372 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5372&num=0&edition=prelim).
**(c)**
(1)
(A) The Chairman shall establish a panel to review the performance of members of the Board. The panel shall be comprised of the Chairman and two other members of the Board (other than the Vice Chairman). The Chairman shall periodically rotate membership on the panel so as to ensure that each member of the Board (other than the Vice Chairman) serves as a member of the panel for and within a reasonable period.
(B) Not less than one year after the job performance standards under subsection (f) are initially established, and not less often than once every three years thereafter, the performance review panel shall determine, with respect to each member of the Board (other than the Chairman or a member who is a member of the Senior Executive Service), whether that member’s job performance as a member of the Board meets the performance standards for a member of the Board established under subsection (f). Each such determination shall be in writing.
(2) If the determination of the performance review panel in any case is that the member’s job performance as a member of the Board meets the performance standards for a member of the Board established under subsection (f), the Chairman shall recertify the member’s appointment as a member of the Board.
(3) If the determination of the performance review panel in any case is that the member’s job performance does not meet the performance standards for a member of the Board established under subsection (f), the Chairman shall, based upon the individual circumstances, either—
(A) grant the member a conditional recertification; or
(B) recommend to the Secretary that the member be noncertified.
(4) In the case of a member of the Board who is granted a conditional recertification under paragraph (3)(A) or (5)(A), the performance review panel shall review the member’s job performance record and make a further determination under paragraph (1) concerning that member not later than one year after the date of the conditional recertification. If the determination of the performance review panel at that time is that the member’s job performance as a member of the Board still does not meet the performance standards for a member of the Board established under subsection (f), the Chairman shall recommend to the Secretary that the member be noncertified.
(5) In a case in which the Chairman recommends to the Secretary under paragraph (3) or (4) that a member be noncertified, the Secretary, after considering the recommendation of the Chairman, may either—
(A) grant the member a conditional recertification; or
(B) determine that the member should be noncertified.
**(d)**
(1) If the Secretary, based upon the recommendation of the Chairman, determines that a member of the Board should be noncertified, that member’s appointment as a member of the Board shall be terminated and that member shall be removed from the Board.
(2)
(A) Upon removal from the Board under paragraph (1) of a member of the Board who before appointment to the Board served as an attorney in the civil service, the Secretary shall appoint that member to an attorney position at the Board, if the removed member so requests. If the removed member served in an attorney position at the Board immediately before appointment to the Board, appointment to an attorney position under this paragraph shall be in the grade and step held by the removed member immediately before such appointment to the Board.
(B) The Secretary is not required to make an appointment to an attorney position under this paragraph if the Secretary determines that the member of the Board removed under paragraph (1) is not qualified for the position.
**(e)**
(1) A member of the Board (other than the Chairman or a member of the Senior Executive Service) may be removed as a member of the Board by reason of job performance only as provided in subsections (c) and (d). Such a member may be removed by the Secretary, upon the recommendation of the Chairman, for any other reason as determined by the Secretary.
(2) In the case of a removal of a member under this section for a reason other than job performance that would be covered by [section 7521 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7521&num=0&edition=prelim) in the case of an administrative law judge, the removal of the member of the Board shall be carried out subject to the same requirements as apply to removal of an administrative law judge under that section. [Section 554(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554/a/2&num=0&edition=prelim) shall not apply to a removal action under this subsection. In such a removal action, a member shall have the rights set out in section 7513(b) of that title.
**(f)** The Chairman, subject to the approval of the Secretary, shall establish standards for the performance of the job of a member of the Board (other than the Chairman or a member of the Senior Executive Service). Those standards shall establish objective and fair criteria for evaluation of the job performance of a member of the Board.
**(g)** The Secretary shall prescribe procedures for the administration of this section, including deadlines and time schedules for different actions under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An action may be taken against an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board.
**(b)** The actions covered by this section are—
(1) a removal;
(2) a suspension;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but do not include—
(A) a suspension or removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim);
(B) a reduction-in-force action under [section 3502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim); or
(C) any action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7521
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this section, the term “administrative law judge” means an administrative law judge appointed under section 3105.
**(b)**
(1)
(A) There shall be 3 levels of basic pay for administrative law judges (designated as AL–1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section.
(B) Within level AL–3, there shall be 6 rates of basic pay, designated as AL–3, rates A through F, respectively. Level AL–2 and level AL–1 shall each have 1 rate of basic pay.
(C) The rate of basic pay for AL–3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule, and the rate of basic pay for AL–1 may not exceed the rate for level IV of the Executive Schedule.
(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level.
(3)
(A) Upon appointment to a position in AL–3, an administrative law judge shall be paid at rate A of AL–3, and shall be advanced successively to rates B, C, and D of that level at the beginning of the next pay period following completion of 52 weeks of service in the next lower rate, and to rates E and F of that level at the beginning of the next pay period following completion of 104 weeks of service in the next lower rate.
(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL–3 at an advanced rate under such circumstances as the Office may determine appropriate.
(4) Subject to paragraph (1), effective at the beginning of the first applicable pay p
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5372
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is in the Department a Board of Veterans’ Appeals (hereinafter in this chapter referred to as the “Board”). The Board is under the administrative control and supervision of a chairman directly responsible to the Secretary. The Board shall consist of a Chairman, a Vice Chairman, and such number of members as may be found necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner. The Board shall have such other professional, administrative, clerical, and stenographic personnel as are necessary in conducting hearings and considering and disposing of appeals properly before the Board. The Board shall have sufficient personnel under the preceding sentence to enable the Board to conduct hearings and consider and dispose of appeals properly before the Board in a timely manner.
**(b)**
(1) The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, for a term of six years. The Chairman shall be subject to the same ethical and legal limitations and restrictions concerning involvement in political activities as apply to judges of the United States Court of Appeals for Veterans Claims.
(2) The Chairman may be removed by the President for misconduct, inefficiency, neglect of duty, or engaging in the practice of law or for physical or mental disability which, in the opinion of the President, prevents the proper execution of the Chairman’s duties. The Chairman may not be removed from office by the President on any other grounds. Any such removal may only be made after notice and opportunity for hearing.
(3) The Chairman may be appointed under this subsection to more than one term. If, upon the expiration of the term of office for which the Chairman was appointed, the position of
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7101
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Federal law — U.S. Code and appendices · legal_authorities
Page 1123
TITLE 38—VETERANS’ BENEFITS
§ 7101A
Pub.
L.
102–40,
§ 402(d)(1),
substituted
‘‘7102(a)(2)(A)(ii)’’ for ‘‘4002(a)(2)(A)(ii)’’.
Subsec. (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub-
stituted ‘‘Secretary’’ for ‘‘Administrator’’.
Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’
for ‘‘Veterans’ Administration’’.
Subsec. (d)(3)(B). Pub. L. 102–40, § 402(d)(1), substituted
‘‘7103(d)’’ for ‘‘4003(d)’’.
1988—Subsec. (a). Pub. L. 100–687, § 202(b), inserted
‘‘and’’ after ‘‘Vice Chairman,’’ substituted ‘‘necessary
in order to conduct hearings and dispose of appeals
properly before the Board in a timely manner. The
Board shall have’’ for ‘‘necessary, and’’, and inserted
provisions which required that Board have sufficient
personnel to conduct hearings and consider and dispose
of appeals.
Subsec. (b). Pub. L. 100–687, § 201(a), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘Members of the Board (including the Chair-
man and Vice Chairman) shall be appointed by the Ad-
ministrator with the approval of the President.’’
Subsec. (d). Pub. L. 100–687, § 208, added subsec. (d).
Subsec. (e). Pub. L. 100–687, § 209, added subsec. (e).
1984—Subsec. (a). Pub. L. 98–223, § 208(a), (c), sub-
stituted ‘‘65’’ for ‘‘fifty’’ and struck out ‘‘associate’’ be-
fore ‘‘members’’.
Subsec. (c). Pub. L. 98–223, § 208(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–368 effective on first day
of first month beginning more than 90 days after Nov.
11, 1998, see section 513 of Pub. L. 105–368, set out as a
note under section 7251 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 201(a) of Pub. L. 100–687 effec-
tive Feb. 1, 1989, am
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7101A
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