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38 U.S.C. § 7101 — Composition of Board of Veterans’ Appeals
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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Stable record: federal_law:legal_authorities:record_usc_a89b4e76644e4d1aecbb5769
Source file: Laws/federal/codes/united-states-code/title-38/section-7101-composition-of-board-of-veterans-appeals--53f834ffae.md
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Source location: Title 38, Chapter 71, § 7101; chapter-071-board-of-veterans-appeals.md
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**(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 Chairman would become vacant, the individual serving as Chairman may, with the approval of the Secretary, continue to serve as Chairman until either appointed to another term or a successor is appointed, but not beyond the end of the Congress during which the term of office expired.
(4) The Secretary shall designate one member of the Board as Vice Chairman. The Vice Chairman shall perform such functions as the Chairman may specify. Such member shall serve as Vice Chairman at the pleasure of the Secretary.
**(c)**
(1)
(A) The Chairman may from time to time designate one or more employees of the Department to serve as acting members of the Board. Except as provided in subparagraph (B), any such designation shall be for a period not to exceed 90 days, as determined by the Chairman.
(B) An individual designated as an acting member of the Board may continue to serve as an acting member of the Board in the making of any determination on a proceeding for which the individual was designated as an acting member of the Board, notwithstanding the termination of the period of designation of the individual as an acting member of the Board under subparagraph (A) or (C).
(C) An individual may not serve as an acting member of the Board for more than 270 days during any one-year period.
(D) At no time may the number of acting members exceed 20 percent of the total of the number of Board members and acting Board members combined.
(2) In each annual report to the Congress under [section 529 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section529&num=0&edition=prelim), the Secretary shall provide detailed descriptions of the activities undertaken and plans made in the fiscal year for which the report is made with respect to the authority provided by paragraph (1) of this subsection. In each such report, the Secretary shall indicate, in terms of full-time employee equivalents, the number of acting members of the Board designated under such paragraph (1) during the year for which the report is made.
**(d)**
(1) After the end of each fiscal year, the Chairman shall prepare a report on the activities of the Board during that fiscal year and the projected activities of the Board for the fiscal year during which the report is prepared and the next fiscal year. Such report shall be included in the documents providing detailed information on the budget for the Department that the Secretary submits to the Congress in conjunction with the President’s budget submission for any fiscal year pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim).
(2) Each such report shall include, with respect to the preceding fiscal year, information specifying—
(A) the number of cases appealed to the Board during that year;
(B) the number of cases pending before the Board at the beginning and at the end of that year;
(C) the number of such cases which were filed during each of the 36 months preceding the current fiscal year;
(D) the average length of time a case was before the Board between the time of the filing of an appeal and the disposition during the preceding fiscal year;
(E) the number of members of the Board at the end of the year and the number of professional, administrative, clerical, stenographic, and other personnel employed by the Board at the end of the preceding fiscal year;
(F) the number of employees of the Department designated under subsection (c)(1) to serve as acting members of the Board during that year and the number of cases in which each such member participated during that year; and
(G) with respect to hearings scheduled under [section 7107(c)(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7107/c/2/C&num=0&edition=prelim)—
(i) the number of hearings scheduled under such section;
(ii) the number of hearings under such section that were cancelled; and
(iii) any statistical difference in outcomes between cases heard under such section and those held at the principal location of the Board or by picture and voice transmission at a facility of the Department.
(3) The projections in each such report for the current fiscal year and for the next fiscal year shall include (for each such year)—
(A) an estimate of the number of cases to be appealed to the Board; and
(B) an evaluation of the ability of the Board (based on existing and projected personnel levels) to ensure timely disposition of such appeals as required by [section 7101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7101/a&num=0&edition=prelim).
**(e)** A performance incentive that is authorized by law for officers and employees of the Federal Government may be awarded to a member of the Board (including an acting member) by reason of that member’s service on the Board only if the Chairman of the Board determines that such member should be awarded that incentive. A determination by the Chairman for such purpose shall be made taking into consideration the quality of performance of the Board member.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall—
(1) give an account of all moneys received and disbursed by the Department for such fiscal year;
(2) describe the work done during such fiscal year; and
(3) state the activities of the Department for such fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 529
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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)** 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)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Processing.—**
(1) The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, air, or space service.
(2) A peer support specialist of the Department—
(A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and
(B) shall not participate in the adjudication of such a claim.
**(b) Referrals to MST Coordinators.—** The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran.
**(c) Training.—**
(1) The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma.
(2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma.
(3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals:
(A) Military sexual trauma coordinators of the Veterans Health Administration.
(B) Peer support specialists of the Department.
**(d) Definitions.—** In this section:
(1) The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statis
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1166
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7101A
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Federal law — U.S. Code and appendices · legal_authorities
Page 1121
TITLE 38—VETERANS’ BENEFITS
§ 7101
1997—Pub. L. 105–111, § 1(b)(2), Nov. 21, 1997, 111 Stat.
2272, added item 7111.
1994—Pub. L. 103–446, title II, § 201(a)(2), Nov. 2, 1994,
108 Stat. 4656, added item 7101A.
Pub. L. 103–271, §§ 6(b), 7(a)(2), (b)(3), July 1, 1994, 108
Stat. 742, 743, substituted ‘‘Reconsideration; correction
of obvious errors’’ for ‘‘Determinations by the Board’’
in item 7103, substituted ‘‘Appeals: dockets; hearings’’
for ‘‘Docketing of appeals’’ in item 7107, and struck out
item 7110 ‘‘Traveling sections’’.
1991—Pub. L. 102–40, title IV, § 402(c)(1), May 7, 1991,
105 Stat. 239, renumbered items 4001 to 4010 as 7101 to
7110, respectively.
1988—Pub. L. 100–687, div. A, title II, § 207(b), Nov. 18,
1988, 102 Stat. 4112, added item 4010.
1962—Pub. L. 87–671, § 3, Sept. 19, 1962, 76 Stat. 557,
added item 4009.
Pub. L. 87–666, § 2, Sept. 19, 1962, 76 Stat. 554, added
item 4005A, and substituted ‘‘Filing of notice of dis-
agreement and appeal’’ for ‘‘Applications for review on
appeal’’ in item 4005, ‘‘Administrative appeals’’ for
‘‘Docketing of appeals’’ in item 4006, and ‘‘Docketing of
appeals’’ for ‘‘Simultaneously contested claims’’ in
item 4007.
§ 7101. Composition of Board of Veterans’ Ap-
peals
(a) There is in the Department a Board of Vet-
erans’ Appeals (hereinafter in this chapter re-
ferred 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
st
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7101
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.