38 U.S.C. § 7103 — Reconsideration; correction of obvious er-

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. Page 1126 TITLE 38—VETERANS’ BENEFITS § 7104 (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4003; Pub. L. 100–687, div. A, title II, § 202(a), Nov. 18, 1988, 102 Stat. 4110; renumbered § 7103, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 103–271, § 6(a), July 1, 1994, 108 Stat. 741; Pub. L. 115–55, § 2(o), Aug. 23, 2017, 131 Stat. 1111.) Editorial Notes AMENDMENTS 2017—Subsec. (b)(1). Pub. L. 115–55 substituted ‘‘de- cided’’ for ‘‘heard’’ in subpars. (A) and (B). 1994—Pub. L. 103–271 amended section generally. Prior to amendment, text read as follows: ‘‘(a) Decisions by a section of the Board shall be made by a majority of the members of the section. The deci- sion of the section is final unless the Chairman orders reconsideration of the case. ‘‘(b) If the Chairman orders reconsideration in a case, the case shall upon reconsideration be heard by an ex- panded section of the Board. When a case is heard by an expanded section of the Board after such a motion for reconsideration, the decision of a majority of the mem- bers of the expanded section shall constitute the final decision of the Board. ‘‘(c) Notwithstanding subsections (a) and (b) of this section, the Board on its own motion may correct an obvious error in the record.’’ 1991—Pub. L. 102–40 renumbered section 4003 of this title as this section. 1988—Pub. L. 100–687, in amending section generally, added subsec. (a), struck out former subsec. (a) which provided that determination of section, when unani- mous, be final determination of Board, added subsec. (b), struck out former subsec. (b) which provided that when there is disagreement among members of section, concurrence of Chairman with majority of members of section shall constitute final determination of Board, and added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to ad- dress appeals of decisions on legacy claims, with provi- sion for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and brack- eted note thereunder. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–687 effective Jan. 1, 1989, see section 401(d) of Pub. L. 100–687, set out as an Effec- tive Date note under section 7251 of this title. § 7104. Jurisdiction of the Board; decisions; no- tice (a) All questions in a matter which under sec- tion 511(a) of this title is subject to decision by the Secretary shall be subject to one review on appeal to the Secretary. Final decisions on such appeals shall be made by the Board. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evi- dence and material of record and applicable pro- visions of law and regulation. (b) Except as provided in section 5108 of this title, when a claim is disallowed by the Board, the claim may not thereafter be readjudicated and allowed and a claim based upon the same factual basis may not be considered. (c) The Board shall be bound in its decisions by the regulations of the Department, instruc- tions of the Secretary, and the precedent opin- ions of the chief legal officer of the Department. (d) Each decision of the Board shall include— (1) a written statement of the Board’s find- ings and conclusions, and the reasons or bases for those findings and conclusions, on all ma- terial issues of fact and law presented on the record; (2) a general statement— (A) reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under section 7113 of this title; and (B) noting such options as may be avail- able for having the evidence considered by the Department; and (3) an order granting appropriate relief or denying relief. (e) After reaching a decision on an appeal, the Board shall promptly issue notice (as that term is defined in section 5100 of this title) of such de- cision to the following: (1) The appellant. (2) Any other party with a right to notice of such decision. (3) Any authorized representative of the ap- pellant or party described in paragraph (2). (f)(1) The Secretary may provide notice under subsection (e) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. (2) A claimant (or the claimant’s representa- tive) may revoke such an election at any time, by means prescribed by the Secretary. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4004; Pub. L. 87–97, § 1, July 20, 1961, 75 Stat. 215; Pub. L. 100–687, div. A, title I, § 101(b), title II, §§ 203(a), 204, 205, Nov. 18, 1988, 102 Stat. 4106, 4110, 4111; renumbered § 7104 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(g)(2), June 13, 1991, 105 Stat. 288; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), (c), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–271, §§ 7(b)(1), 8, July 1, 1994, 108 Stat. 743; Pub. L. 104–275, title V, § 509, Oct. 9, 1996, 110 Stat. 3344; Pub. L. 115–55, § 2(p), (w)(2), Aug. 23, 2017, 131 Stat. 1111, 1114; Pub. L. 117–168, title VIII, § 807(a)(5), Aug. 10, 2022, 136 Stat. 1806.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–168, § 807(a)(5)(A), inserted ‘‘; decisions; notice’’ after ‘‘Board’’ in section catch- line. Subsecs. (e), (f). Pub. L. 117–168, § 807(a)(5)(B), added subsecs. (e) and (f) and struck out former subsec. (e) which related to mailing a copy of a written decision to the claimant or mailing or otherwise sending a copy to an authorized representative of the claimant. 2017—Subsec. (b). Pub. L. 115–55, § 2(p), substituted ‘‘readjudicated’’ for ‘‘reopened’’. Subsec. (d)(2), (3). Pub. L. 115–55, § 2(w)(2), added par. (2) and redesignated former par. (2) as (3). 1996—Subsec. (e). Pub. L. 104–275 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol-