38 U.S.C. § 7102 — Assignment of members of Board

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, Sept. 2, 1958, 72 Stat. 1241, § 4002; Pub. L. 98–223, title II, § 208(c), (d), Mar. 2, 1984, 98 Stat. 44; renumbered § 7102 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 103–271, § 6(a), July 1, 1994, 108 Stat. 741; Pub. L. 117–300, § 1(a), Dec. 27, 2022, 136 Stat. 4379.) Editorial Notes AMENDMENTS 2022—Subsec. (c). Pub. L. 117–300 added subsec. (c). 1994—Pub. L. 103–271 amended section generally, sub- stituting present provisions for provisions authorizing Chairman to divide Board into sections of three mem- bers and to assign proceedings thereto, and provisions relating to assignment where section is composed of fewer than three members, limiting annual period of service, prohibiting more than one member to be a temporary or acting member, and relating to hearing docket and report of determination. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4002 of this title as this section. Subsec. (a)(2)(A)(ii). Pub. L. 102–83 substituted ‘‘De- partment’’ for ‘‘Veterans’ Administration’’. Subsec. (a)(3). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7101(c)’’ for ‘‘4001(c)’’. 1984—Subsec. (a)(1). Pub. L. 98–223, § 208(d)(1), des- ignated provision authorizing the Chairman from time to time to divide the Board into sections of three mem- bers, assign members to the Board thereto, and des- ignated the chief thereof, as par. (1). Subsec. (a)(2). Pub. L. 98–223, § 208(d)(2), designated provision relating to authority of the Chairman in the case where a section is composed of fewer than three members as a result of absence, vacancy, or inability of a member to serve as subpar. (A), and in subpar. (A) as so designated, inserted provision authorizing the Chair- man to designate an employee of the Veterans’ Admin- istration to serve as an acting member of the Board on such section for a period of not to exceed 90 days, and added subpar. (B). Subsec. (a)(3). Pub. L. 98–223, § 208(d)(2), added par. (3). Subsec. (b). Pub. L. 98–223, § 208(d)(3), designated pro- vision relating to the maintenance of a hearing docket and the holding of formal recorded hearings upon which a final determination will be made as subsec. (b). Pub. L. 98–223, § 208(c), struck out ‘‘associate’’ before ‘‘member’’ in two places. Subsec. (c). Pub. L. 98–223, § 208(d)(4), designated pro- vision relating to the section making a determination on any proceeding or motion in connection therewith assigned to the section by the Board and making a re- port on such determination, which report constitutes its final disposition of the proceeding, as subsec. (c). Statutory Notes and Related Subsidiaries FIRST TRAINING Pub. L. 117–300, § 1(b), Dec. 27, 2022, 136 Stat. 4379, pro- vided that: ‘‘The Secretary of Veterans Affairs shall en- sure that each member of the Board of Veterans’ Ap- peals is offered the first annual training under section 7102(c) of title 38, United States Code, as amended by subsection (a), by not later than 180 days after the date of the enactment of this Act [Dec. 27, 2022].’’ APPLICABILITY OF LIMITATION UNDER SUBSECTION (c)(2) Pub. L. 117–300, § 1(c), Dec. 27, 2022, 136 Stat. 4379, pro- vided that: ‘‘The limitation under section 7102(c)(2) of title 38, United States Code, as added by subsection (a), shall apply with respect to the assignment of pro- ceedings on or after the date that is 180 days after the date of the enactment of this Act [Dec. 27, 2022].’’ § 7103. Reconsideration; correction of obvious er- rors (a) The decision of the Board determining a matter under section 7102 of this title 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 re- consideration 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 en- larged 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 recon- sideration. (3) A panel reconsidering a case under this subsection shall render its decision after review- ing the entire record before the Board. The deci- sion 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 re- consideration.