§ 7102. Assignment of members of Board

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 7102

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4002

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4002

2. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 208(d)(1) · 98 Stat. 37

   1. Amended · 38 U.S.C. § 7102(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

   2. Amended · 38 U.S.C. § 7102(a)(1)

      Pub. L. 98–223, § 208(d)(1), designated the chief thereof, as par. (1)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (1) by inserting “(a)(1)” before “The Chairman”;

3. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 208(d)(2) · 98 Stat. 37

   1. Amended · 38 U.S.C. § 7102(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

   2. Inserted · 38 U.S.C. § 7102(a)(2)

      Pub. L. 98–223, § 208(d)(2), 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

   3. Added · 38 U.S.C. § 7102(a)(2)

      Pub. L. 98–223, § 208(d)(2), added subpar. (B)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (2) by striking out the second sentence and inserting in lieu thereof the following: “(2) (A) If a section is composed of fewer than three members as a result of the absence of a member or a vacancy on the Board or the inability of a member assigned to a section to serve on that section, the Chairman— “(i) may assign another member of the Board to the section; “(ii) may 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, as determined by the Chairman; or “(iii) may direct the section to proceed with the transaction of business without awaiting the assignment of an additional member to the section. “(B) An individual may not serve as an acting member of the Board for more than 270 days during any 12-month period. “(3) A section of the Board may not at any time have among its members more than one individual who is a temporary member Supra. designated under section 4001(c) of this title or an acting member designated under paragraph (2)(A)(ii) of this subsection.”;

4. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 208(d)(2) · 98 Stat. 37

   Added · 38 U.S.C. § 7102(a)(3)

   Pub. L. 98–223, § 208(d)(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 98–223, § 208(d)(2), added par. (3).

   Enacted provision · exact public law section
   (2) by striking out the second sentence and inserting in lieu thereof the following: “(2) (A) If a section is composed of fewer than three members as a result of the absence of a member or a vacancy on the Board or the inability of a member assigned to a section to serve on that section, the Chairman— “(i) may assign another member of the Board to the section; “(ii) may 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, as determined by the Chairman; or “(iii) may direct the section to proceed with the transaction of business without awaiting the assignment of an additional member to the section. “(B) An individual may not serve as an acting member of the Board for more than 270 days during any 12-month period. “(3) A section of the Board may not at any time have among its members more than one individual who is a temporary member Supra. designated under section 4001(c) of this title or an acting member designated under paragraph (2)(A)(ii) of this subsection.”;

5. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 208(d)(3) · 98 Stat. 37

   Amended · 38 U.S.C. § 7102(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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (3) by designating the sentence beginning “A hearing docket” as subsection (b); and

6. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 208(c) · 98 Stat. 37

   Struck · 38 U.S.C. § 7102(b)

   Pub. L. 98–223, § 208(c), struck out “associate” before “member” in two places

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–223, § 208(c), struck out “associate” before “member” in two places.

   Enacted provision · exact public law section
   (c) Sections 4001 and 4002 are each amended by striking out “associate” each place it appears.

7. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 208(d)(4) · 98 Stat. 37

   Amended · 38 U.S.C. § 7102(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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (4) by designating the sentence beginning “A section of’ as subsection (c).

8. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 7102

   Pub. L. 102–40, § 402(b)(1), renumbered section 4002 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 4002 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

9. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7102(a)(3)

   Pub. L. 102–40, § 402(d)(1), substituted “7101(c)” for “4001(c)”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–40, § 402(d)(1), substituted “7101(c)” for “4001(c)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

10. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7102(a)(2)(A)(ii)

    Pub. L. 102–83 substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(ii). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

11. 1994

    Board of Veterans’ Appeals Administrative Procedures Improvement Act of 1994

    Pub. L. 103–271 § 6(a) · 108 Stat. 740

    1. Amended · 38 U.S.C. § 7102

       Pub. L. 103–271 amended section generally

    2. Substituted · 38 U.S.C. § 7102

       Pub. L. 103–271 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Action By BVA.— Sections 7102 and 7103 of title 38, United States Code, are amended to read as follows: “§ 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 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 Reports. 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. “§ 7103. Reconsideration; correction of obvious errors “(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 reconsideration of the decision in a case, the case shall be referred— “(A) in the case of a matter originally heard 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 heard by a panel of members of the Board, to an enlarged 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 reconsideration. “(3) A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision 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 reconsideration.”.

12. 2022

    Pub. L. 117–300 § 1(a) · 136 Stat. 4379

    Added · 38 U.S.C. § 7102(c)

    Pub. L. 117–300 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–300 added subsec. (c).

    Enacted provision · exact public law section
    (a) Requirement.— Section 7102 of title 38, United States Code, is amended by adding at the end the following new subsection: “(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.” .

15 of 16 references resolved to an enrolled provision · 1 partial