§7102 — Title 38 Veterans' Benefits | U.S. Code

Summary

Cases before the Board may be given to one member or to a panel of at least three members. The member or panel must decide the case, handle any motions, and file a report under section 7104(d) that is their final decision. The Chairman cannot be assigned a case alone but may take part on a panel or in a panel reconsideration. The Secretary must offer each Board member yearly training on military sexual trauma. A case about such a claim cannot be given to a member or panel unless the member(s) finished the most recent annual training. Military sexual trauma — meaning given in section 1166(c).

Title 38, §7102

Veterans' Benefits — Source: USLM XML via OLRC

(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 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–300 added subsec. (c). 1994—Pub. L. 103–271 amended section generally, substituting present provisions for provisions authorizing Chairman to divide Board into sections of three members 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 “Department” 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), designated provision authorizing the Chairman from time to time to divide the Board into sections of three members, assign members to the Board thereto, and designated 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 Chairman to designate an employee of the Veterans’ Administration 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 provision 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 provision 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 report 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, provided that: “The Secretary of Veterans Affairs shall ensure that each member of the Board of Veterans’ Appeals 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, provided 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 proceedings on or after the date that is 180 days after the date of the enactment of this Act [Dec. 27, 2022].”

§7102 Assignment of members of Board