§ 7102. — Assignment of members of Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7102]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec. 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 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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1241, Sec. 4002; Pub. L. 98-
223, title II, Sec. 208(c), (d), Mar. 2, 1984, 98 Stat. 44; renumbered
Sec. 7102 and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1),
May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(3), (4), Aug.
6, 1991, 105 Stat. 404; Pub. L. 103-271, Sec. 6(a), July 1, 1994, 108
Stat. 741.)
Amendments
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, Sec. 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, Sec. 402(d)(1), substituted
``7101(c)'' for ``4001(c)''.
1984--Subsec. (a)(1). Pub. L. 98-223, Sec. 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, Sec. 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, Sec. 208(d)(2), added par. (3).
Subsec. (b). Pub. L. 98-223, Sec. 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, Sec. 208(c), struck out ``associate'' before
``member'' in two places.
Subsec. (c). Pub. L. 98-223, Sec. 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).
Section Referred to in Other Sections
This section is referred to in section 7103 of this title.
